Texas, Federalist Society Insight on Government's Role

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By Michael Thompson Jr.

As Texas law students wrap up the school year and lawyers wait to see how the gang of nine decides the remaining U.S. Supreme Court cases this term, it's time for some reflection.

Blueprint For Success: Unique Work Experience Helps Land Custom-Fit Job

By Jeanne Graham

Julie Grantham has done it all: practiced law in private firms, worked as a nonlawyer executive for a tech company, raised funds for a political group and generated sales for a forensic-investigation company. Now, with her roots planted firmly back in Texas, she is the first general counsel of Boerne-based COI Enterprises.

Bankruptcy Booms, Energy Expands for Texas Law Firms

By Brenda Sapino Jeffreys

Big bankruptcies earned five Texas law firms a spot on Texas Lawyer affiliate The American Lawyer's "Corporate Scorecard 2013," while energy work secured a place for six other large Texas law firms on rankings of the nation's top dealmakers in 2012.

Sanction Reversed; Filing of Sexually Explicit Chat OKd

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By John Council

The 5th Circuit wrote that the district court characterized a lawyer's "unsealed filing of the offending document as a 'vicious, deliberate smear.' Whatever might have been the negative effect on Employee A's public reputation, however, we can discern no improper purpose" in the lawyer's "zealous representation of his client."

What Will Uniform Trade Secrets Act Mean for Texas Lawyers?

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By Angela Morris

Effective Sept. 1, a new law defines "trade secret" and the actions that constitute misappropriation. It provides for injunctive relief for misappropriation, and in some circumstances, allows "payment of a reasonable royalty" or "affirmative acts to protect a trade secret."

Taflinger v. State

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(Tex.App. Dist.1 05/09/2013)

The appellant, who was charged with alleged misdemeanor driving while intoxicated, argues that the trial court erred by denying his motion to suppress. The officer had reasonable suspicion to stop, based on a tip made by an informant with whom he was familiar, whom the officer believed to be reliable and credible, who relayed events witnessed firsthand and gave a description of the vehicle; further, the officer was at the gas station where the informant worked at the time of the tip and was able to corroborate the tip within seconds. The trial court's judgment is affirmed. Houston's 1st Court of Appeals, No. 01-12-00553-CR, 05-09-2013.

Criminal Practice

Kelley & Witherspoon LLP v. Hooper

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(Tex.App. Dist.5 05/09/2013)

The appellants challenge a jury verdict in this case alleging legal malpractice. The trial judge erred by overruling an objection to broad-form damages questions that included an element of damages that was not supported by any evidence. The trial court's judgment is reversed and remanded. Dallas Court of Appeals, No. 05-11-01256-CV, 05-09-2013.

Legal Profession

Tricon Energy Limited v. Vinmar International Limited

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(5th Cir. 05/03/2013)

The appellant challenges a judgment confirming an arbitration award. The evidence supports the conclusion that the parties reached a binding agreement to arbitrate even though they did not sign the contract. If an arbitration panel has been granted authority by the parties to award a non-statutory rate of post-judgment interest, and if it wishes to do so, it must expressly award "postjudgment interest." The judgment is affirmed. 5th U.S. Circuit Court of Appeals, No. 12-20100, 05-03-2013.

Alternative Dispute Resolution

Miller v. Raytheon Co.

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(5th Cir. 05/02/2013)

Both parties appeal the district court's judgment in this case alleging age discrimination by an employer. Based upon the accumulation of circumstantial evidence and the credibility determinations, reasonable persons could differ about the presence of age discrimination; therefore, the Boeing standard requires affirmation of the jury verdict. The liability finding is affirmed, the award of liquidated damages is affirmed in part, and the liquidated damages award for an enhanced pension is vacated because it was a future, not past loss, the award of damages for mental anguish is vacated, and the front pay award is remanded. 5th U.S. Circuit Court of Appeals, No. 11-10586, 05-02-2013.

Employment

Washington v. Thaler

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(5th Cir. 05/02/2013)

This is a habeas review of a claim that has been adjudicated on the merits by a Texas court. There is no U.S. Supreme Court precedent establishing an obligation for a trial court judge to dismiss a juror for bias where no party objects. The denial of habeas relief is affirmed. 5th U.S. Circuit Court of Appeals, No. 12-20079, 05-02-2013.

Criminal Practice

Dhuka v. Holder

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(5th Cir. 05/03/2013)

This petition for review challenges the Board of Immigration Appeals' determination that the petitioners could not adjust their status because for more than 180 days, they had not been in "lawful status." A non-precedential opinion of the BIA does not, due to the terms of the regulation itself, bind third parties and is not entitled to Chevron deference; however, the BIA properly defined "lawful status" and reasonably determined the petitioners had failed to maintain theirs. The petition is denied. 5th U.S. Circuit Court of Appeals, No. 12-60169, 05-03-2013.

Immigration Law

United States v. Becerril-Pena

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(5th Cir. 05/02/2013)

The defendant/appellant pleaded guilty to illegally reentering the United States after a prior deportation. A district court should discharge its duties under U.S. Sentencing Guidelines §5D1.1(c) by considering the applicable 18 U.S.C. §3553(a) factors of deterrence and protection, following the processes of Rule 32, and imposing reasoned and individualized sentences under the circumstances presented with appropriate explanation given. The sentence is affirmed. 5th U.S. Circuit Court of Appeals, No. 11-11171, 05-02-2013.

Criminal Practice

Harvard Law Opens Applications to Juniors

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By Karen Sloan | The National Law Journal

Harvard Law School has announced a pilot program under which Harvard undergraduates may apply and gain acceptance during their junior year, provided they agree to work for two years in between graduation and beginning their legal studies.

P.I. Lawyers Are Suspended for Encouraging Client to Lie

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By Brendan Pierson | New York Law Journal

The lawyers, Shane Rios and Daniel Levy, met when they were students at Fordham University School of Law and started personal injury firm Rios & Levy in the Bronx in 2008.

Lean in and Promote the Future of Women in the Profession

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By YL Editorial Board | The Legal Intelligencer

We have all read the myriad articles recounting the depressing statistics about the gender gap in the legal profession. We could lament that, despite the fact that more than half of incoming law school students are women, barely 15 percent of equity partners and just 26 percent of nonequity partners at the nation's most prestigious law firms are women. We could sigh as we hear that nearly half of the women in the profession leave mid-career and do not return to the practice. Or, as Sheryl Sandberg suggests in her new book, Lean In: Women, Work, and the Will to Lead — which was recently released to much fanfare and has caused quite a stir in executive suites and feminist circles — we could "lean in" and figure out how to get women a seat at the table in leadership positions in the legal profession.

When Crisis Strikes

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By Elizabeth Lampert and Lara Cupit | The Recorder

Having a plan in place in the event of a data breach can save a law firm's reputation and protect its clients, explain Elizabeth Lampert and Lara Cupit.

6 Things In-House Counsel Must Know About E-Discovery

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By Catherine Dunn | Corporate Counsel

Gabriela Baron, vice president for business development at Xerox Litigation Services, discusses big-picture e-discovery trends, including what clients are putting on their wish lists.

'U.S. News' Top Law Schools Fall Short on Diversity

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By Karen Sloan | The National Law Journal

Workplace Bullying: Managing the Organizational Playground

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By Tiffani L. McDonough | The Legal Intelligencer

Workplace bullying is a pervasive problem that often precipitates harassment and discrimination claims and, in more extreme cases, workplace violence. Although there is currently no state that prohibits workplace bullying, it can expose employers to significant legal risk and damage both productivity and employee morale.

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.