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Wednesday, October 12, 2011

Y! Alert: Texas Lawyer


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Friend, Follower or Foe? Ethics and "Informal" Social Media Discovery Top
Social networking sites such as Facebook, Twitter, MySpace and YouTube often are sources of information that can impact a lawsuit in a variety of ways, writes Laura Benitez Geisler. With the click of a button, a personal-injury plaintiff can diminish the value of his case by uploading pictures that show him engaged in physical activities inconsistent with the injuries claimed.
 
Patent Cases Top
Patent suits filed in the U.S. District Court for the Eastern District of Texas from Sept. 28 to Oct. 4 include cases involving an electronic wireless navigation system, methods used in a computer network Internet telephone system, an authoring system for a computer-based information system, a system for data management, and a self-cleaning litter box. Parties include AOL Inc., Yahoo! Inc., Telecommunications Systems Inc., C-2 Communications Technologies Inc. and Petsmart Inc., among others.
 
Litigator of the Week: The Peanut Butter Warehouse Lofts Project Top
During his representation of the plaintiff in Glen Graves v. Jerry L. Starkey, et al., a Houston lawyer knew he faced some sticky issues: The complex breach-of-contract suit centered on three confusing agreements with subtle differences, he says. Yet his case jelled for the jurors, who after two days of deliberations returned a $1.39 million verdict in favor of the plaintiff.
 
Lawyer Sues Former Associate Alleging Suit Cost Him Business Top
Houston lawyer Patrick Kelley has filed a suit against a former associate at his firm who had sued him in 2007 in connection with a dispute over health insurance coverage. He alleges Morton's 2007 suit "and later temporary restraining order, were . . . devastating to Plaintiff both professionally and emotionally."
 
Inadmissible Top
"New Judge in Laredo," "Come to Lubbock" and "Overtime Suit"
 
Split Opinions: Court Receives Pro and Con Responses Regarding Suggested CAAP Changes Top
The Texas Supreme Court has received several responses that address the Grievance Oversight Committee's recommended changes to the State Bar of Texas Client Attorney Assistance Program. Jen Cafferty, the court's general counsel, says she is preparing a report for the court.
 
Newsmakers Top
 
Texan Tapped as Howrey Bankruptcy Trustee Top
The Department of Justice has selected a Texas attorney to be trustee of Howrey's Chapter 11 bankruptcy. Allan Diamond, the Houston-based managing partner of litigation boutique Diamond McCarthy, will be in charge of the administration of the bankruptcy, according to court documents filed Friday afternoon. Diamond's appointment as Howrey's bankruptcy trustee awaits a bankrutpcy judge's approval.
 
Discipline Top
One lawyer was suspended for 12 months, another received a public reprimand, and one was placed on probation, the State Bar of Texas reported recently.
 
10 Ways to Make It Easy for Clients to Find You Top
Two immutable facts: You want clients and you are in the service business. Stacy West Clark says that, in spite of these two well-known facts, she is constantly shocked at how hard firms and lawyers make it for clients to reach them. She offers some ideas on how to change that situation.
 
Workplace Privacy Issues in Texas Top
Despite the Texas Supreme Court's general recognition of the importance of privacy in Billings v. Atkinson, there is no specific statute relating to a private employee's privacy in Texas, writes Art Lambert. However, counsel should still be cognizant of when employee privacy claims are actionable and how to succeed in such cases.
 
Commentary: Five Myths About Mediating Employment Disputes Top
A substantial portion of employment-related suits ultimately are resolved by settlement, typically during or soon after mediation. Despite the prevalence of mediation, several myths exist that disrupt the process and diminish the chances of resolving the case. Vianei Lopez Robinson, a partner in Buck Keenan, a litigation boutique in Houston, writes about five of those myths.
 
Differentiate Your Firm From Competitors Top
For many lawyers, the world has never appeared to be as hostile, bewildering or unstable as it does today, says Joel A. Rose. These feelings result from the complexities and uncertainties of the changing economic, professional and competitive environment in which most law firms find themselves.
 
Commentary: Objection, Your Honor: Hearsay in State and Federal Court Top
The definition of hearsay in Texas is complex. And complexity in the rules of evidence creates opportunities for effective advocacy, as it does in every other area of the law, says Tom Hagemann and Marla Poirot. Trial lawyers need to base their arguments on the core hearsay principles, such as evidentiary necessity, witness availability, the statement's intended use at trial and its indicia of reliability.
 
Commentary: Ponder Sales Tax Issues in Corporate Planning Top
Attorneys advising clients on business organizations and reorganizations always should consider the state sales tax pitfalls and planning opportunities. Consolidated reporting on a single federal income tax return often eliminates federal tax issues. But for state sales tax purposes, transactions between related entities are usually recognized as taxable events.
 
Ten Key Supreme Court Decisions of the 2010-2011 Term Top
Texas is among the nation's largest and most economically vibrant and diverse states. So it's no surprise the state's highest civil court enjoys a regular diet of significant legal controversies, write James C. Ho and Ashley E. Johnson. They chose 10 of those decisions to highlight from the 2010-2011 term.
 
Questions to Ask to Win the Next Hearing Top
Though it should go without saying, judges are busy, writes James M. Stanton. They can spend only a fraction of the time attorneys do preparing for each hearing. To zero in on what the judge wants to know to resolve the dispute in a client's favor, counsel should be prepared to answer four questions, regardless of the type of motion or plea he is presenting.
 
Letter to the Editor: Credit Where It's Due Top
 
I Like Being a Lawyer Top
Tracy J. Willi lists the top five reasons she likes being a lawyer.
 
Commentary: The ABCs of TROs Top
It's a sunny Friday afternoon at 2:00. An associate is thinking about ducking out of the office early for happy hour. But just then the phone rings: It's a big client, and her company needs a petition and a temporary restraining order filed ASAP. What to do? Anthony Lowenberg offers a quick primer on the last-minute TRO.
 
Commentary: Law and Living La Dolce Vita Top
At some point in their lives and careers, many people dream about how life would be in a different country. The fantasy is often that life is easier on the other side of the pond. Suzanne E. Tomkies, an American expatriate and a Texas lawyer who has lived overseas for 12 years, says attorneys often ask her how to go about living and working in another country. She gives a glimpse into the life of an American lawyer in Rome.
 

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