Paging Dr. Phil: Associates Need Psychology Insights

•      
  • Subscription Required

By Antonio Allen

A successful litigator needs the patience of Job, the cunning of Satan and the wisdom of Judge Judy. Most law schools can teach most law students enough of those qualities that graduates can survive even the most contentious of courtrooms. But there's something that the current system of legal education isn't equipped to pass on to the future lawyers of America: the insight of Dr. Phil.

How to Get a Job

•      
  • Subscription Required

By Tom Leatherbury

Rather than a scattershot approach, a successful job search requires serious focus, writes Tom Leatherbury. There are far more effective ways to tackle a job search in today's market than email-blasting résumés to law firms and corporations. Emailing a résumé to strangers rarely yields positive results.

VerdictSearch

•      
  • Subscription Required

Plaintiff awarded $25,000 for alleged pit bull attack. Jury awards $18,000 to girl claiming back injury in rear-ender.

Summer Associate Survey: 1L Pipeline Power

•      
  • Subscription Required

By Jeanne Graham

Texas' largest firms are bringing in about the same number of summer associates as they did last year, but a larger proportion of those summer associates are 1Ls.

Judges Spar, But Fake Lawyer's Conviction Stands

•      
  • Subscription Required

By Brenda Sapino Jeffreys

Mauricio Celis' appellate attorney, David Botsford, says he is disappointed in the CCA's opinion. He says it contains a number of factual errors, "including the fact the constitutionality of the statute was not attacked."

City of Arlington v. Federal Communications Commission

•      
  • Subscription Required

Courts must apply Chevron deference in reviewing agency determinations as to the scope of an agency's jurisdictional authority. (U.S. Supreme Court, 05/20/2013)

Government

James v. Dallas Housing Authority

•      
  • Subscription Required

(5th Cir. 05/15/2013)

The plaintiff appeals the district court's order granting summary judgment for defendant Dallas Housing Authority and Sheila Ann Reynolds in a 42 U.S.C. §1983 suit arising from the termination of the plaintiff's housing assistance. To overcome qualified immunity, there must be evidence that 24 CFR §982.553(c) -- that provides for the termination of benefits based on a charge of alleged domestic violence rather than a full conviction -- or its use was unconstitutional under clearly established law. The district court's judgment is affirmed. 5th U.S. Circuit Court of Appeals, No. 12-10969, 05-15-2013.

Civil Rights

Sturdivant v. State

•      
  • Subscription Required

(Tex.App. Dist.1 05/14/2013)

The appellant challenges her convictions for alleged murder and attempted capital murder. Because corroborating non-accomplice evidence was not so unconvincing in fact as to render the state's overall case for conviction clearly and significantly less persuasive, appellant did not suffer egregious harm from the trial court's failure to instruct the jury that another person was an accomplice witness as a matter of law with respect to the attempted capital murder charge. The trial court's judgment is affirmed. Houston's 1st Court of Appeals, No. 01-12-00089-CR, 05-14-2013.

Criminal Practice

Litman v. Litman

•      
  • Subscription Required

(Tex.App. Dist.5 05/15/2013)

The appellant in this divorce matter challenges, inter alia, the trial court's denial of her motion to disqualify the husband's attorneys. Courts must adhere to an exacting standard when considering motions to disqualify so as to discourage their use as a dilatory trial tactic. The trial court's judgment is affirmed. Dallas Court of Appeals, No. 05-11-00903-CV, 05-15-2013.

Family Law

Youkers v. State

•      
  • Subscription Required

(Tex.App. Dist.5 05/15/2013)

The appellant appeals the revocation of his community supervision and eight-year prison sentence. The judge's designation as a Facebook "friend" with the father of the alleged victim, without context providing insight into the nature of the relationship, was insufficient to show bias. The trial court's judgment is affirmed as modified to delete the assessment of court-appointed attorneys' fees. Dallas Court of Appeals, No. 05-11-01407-CR, 05-15-2013.

Criminal Practice

In Re: Nalle Plastics Family Limited Partnership

•      
  • Subscription Required

(Tex. 05/17/2013)

The court of appeals held that attorneys' fees are both compensatory damages and costs for the purpose of suspending enforcement of a judgment. To suspend enforcement of a money judgment pending appeal, a judgment debtor must post security equaling the sum of compensatory damages awarded in the judgment, interest for the estimated duration of the appeal, and costs awarded in the judgment. That amount does not include attorneys' fees incurred in the prosecution or defense of the claim. Mandamus relief is conditionally granted. Texas Supreme Court, No. 11-0903, 05-17-2013.

Appeals

El Paso County Hospital District v. Texas Health and Human Services Commission

•      
  • Subscription Required

(Tex. 05/17/2013)

This case involves an earlier appeal and opinion wherein hospitals challenged a "cutoff date" used by the Texas Health and Human Services Commission to cap the collection of data used to calculate Medicaid reimbursement rates for inpatient services. In that 2008 opinion, the Texas Supreme Court did not decide whether the hospitals could reopen past agency proceedings or obtain relief for past years. The agency was not ordered to recalculate these hospitals' rates, although that relief was available to the hospitals under the agency's error-correction rules. The court of appeals' judgment, holding in part that there was no retroactive remedy, is affirmed. Texas Supreme Court, No. 11-0830, 05-17-2013.

Health Law

The Never Ending Story of Unfinished Business

•      
  • Subscription Required

By Arthur J. Ciampi | New York Law Journal

In his Law Firm Partnership Law column, Arthur J. Ciampi, the managing member of Ciampi LLC, writes that two cases from California elucidate the scope of liability for unfinished business claims as well as the procedure used in unfinished business cases.

Time for Radical Change in Legal Education

•      
  • Subscription Required

By Douglas A. Kahn | The National Law Journal

Students would save three years of tuition if they could enter law school after their freshman year.

Does a Graduate Law Degree Increase a Lawyer's Value?

•      
  • Subscription Required

By Dayna Rose Benn | The Legal Intelligencer

Today, LL.M. degrees, a.k.a. Masters of Law, or, for the fancy, the Latin name Legum Magister, are offered in a variety of legal specialties ranging from trial advocacy to intellectual property to international law to taxation.

Big Law Whipped for Poor Tech Training

•      
  • Subscription Required

By Monica Bay | Law Technology News

D. Casey Flaherty, corporate counsel at Kia Motors America, really does have good intentions as he humiliates Big Law firms about their dismal technology skills — but he is careful not to embarrass a partner.

Law School Offers A Second Chance for Rejected Students

•      
  • Subscription Required

By Karen Sloan | The National Law Journal

The Lincoln Memorial University Duncan School of Law has introduced "Admission Through Performance," allowing rejected applicants to enroll in a free, four-week course on the Federal Rules of Evidence taught by Duncan faculty. If the applicants do well, they can earn a spot in next year's 1L class.

A Place for Lawyers to Learn Executive Skills

•      
  • Subscription Required

By Karen Sloan | The National Law Journal

Harvard, Georgetown follow business school model.

The Calculus of University Presidents

•      
  • Subscription Required

By William D. Henderson | The National Law Journal

Many must decide between two difficult paths: tackle law school restructuring or close their law schools.

In-House Texas: April 2013

In this issue of In-House Texas, "Texas Tea Time: Former Litigator Strikes it Big as GC," "Next Moves for IP Law after SCOTUS First-Sale Ruling," "Courts Zap Plaintiffs, Their Lawyers for Bad Behavior," "The March Madness Compliance Risk Assessment Bracket" and a special report on labor & employment.

In-House Texas: March 2013

Scott Kerr of Austin has been through what many in-house lawyers would consider a nightmare: working for a company that's being sold. And he's done it twice. He's deputy general counsel of Charleston, S.C.-based Blackbaud Inc. Also in this issue, "Litigation Trends Survey Predicts a Bumpy Ride in 2013" and "Excel at Tough Conversations" and a special report on energy law, "How to Avoid Lease-Related Litigation," "Minimize the Risk of Post-Deal Fraud Claims," "Enforcing Foreign and Nondomestic Arbitration Awards" and "Issues to Watch in Shale Plays."

In-House Texas: February 2013

Keith Head knows energy deals from beginning to end. As vice president, general counsel and corporate secretary for Harvest Natural Resources Inc. in Houston, he's been on the front end of deals identifying and valuing potential acquisitions. Also in this issue, "After Ruling, What Happens to NLRB Decisions, its GC?" "President Lincoln's Lessons for General Counsel," "Effectively Communicate Compliance Risk to the Board of Directors" and a special report on immigration law.

In-House Texas: January 2013

Walt Holmes rose through the ranks of the law department at Interstate Battery System of America Inc. to take on more than just legal work, and he does it all while following the Golden Rule: to treat others as they would want to be treated. Also in this issue, "Drilling Down: The Law Department Metrics Benchmarking Survey," "Master Tech Issues of 2012 to Succeed in 2013," "Get on Board With This Pilot Program," "Consider the Benefits of Contested Review Proceedings" and "Keep E-Discovery Costs Down in Patent Litigation."

In-House Texas: November 2012

James Brashear likes to fly, whether he's piloting a plane or steering a legal department. As vice president, general counsel and corporate secretary of Zix Corp. since 2010, Brashear flies solo as the only in-house lawyer for the Dallas public company. Zix Corp. Also in this issue, "When Is Termination the Right Step to Take?" "How to Survive the Overtime Dog Pile," "What In-Housers Want From Outside Counsel" and a special report on white-collar crime and forensic accounting.

In-House Texas: December 2012

'Tis the season for bargain hunting, which means that Lou Agnese, general counsel and corporate secretary for WhaleShark Media Inc., is in high gear. Also in this issue, "KPMG Study Examines How General Counsel Can Add Value," "Ten Phrases Lawyers Hear That Portend Disaste," "Jury Waivers Are Alternatives to Arbitration Agreement," "Whose Data Is It, Anyway? BYOD Policies at Work" and "Social Media Savvy for General Counsel."

In-House Texas: October 2012

As senior vice president and chief legal officer of Dallas-based Borden Dairy Co., Dan Blaufus spends much of his workday focused on delivering milk: Many of the legal issues he deals with arise from the company's fleet of about 1,500 delivery trucks. "It's tough to avoid completely, you know, getting into the occasional accident sometimes, which is serious," Blaufus says.