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The latest from Texas Lawyer

• Deal of the Week: Deal a Go Despite Stock Market "Swoon"
• Alberto Gonzales Joins Faculty of Belmont Law
• On the Hook: Novel Strategy Regarding Covenants Not to Collect Pays Off for Plaintiffs
• Lubbock Judge Remembered for Compassion, Commitment, Fairness
• Newsmakers
• Inadmissible
• Discipline
• Newsmakers
• Commentary: Objection, Your Honor: Hearsay in State and Federal Court
• Commentary: Ponder Sales Tax Issues in Corporate Planning
• Ten Key Supreme Court Decisions of the 2010-2011 Term
• Questions to Ask to Win the Next Hearing
• Letter to the Editor: Credit Where It's Due
• I Like Being a Lawyer
• Commentary: The ABCs of TROs
• Commentary: Law and Living La Dolce Vita
• Commentary: Med-Mal Suits Against Government-Employed Docs Nixed
• How to Motivate Lawyers Effectively
• Commentary: Leaning In — Female Professionals Must Embrace Ambition
• Commentary: How to Deal With Questions From the Bench

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Deal of the Week: Deal a Go Despite Stock Market "Swoon"	Top
When a Vinson & Elkins mergers-and-acquisitions partner was a young lawyer, he helped Global Industries, then based in Louisiana, go public. Now, 19 years after that initial public offering, he and an M&A partner led the team representing Global in its pending acquisition by Technip, a French company, in a deal valued at more than $1 billion.
Alberto Gonzales Joins Faculty of Belmont Law	Top
Former U.S. Attorney General Alberto Gonzales is set to begin teaching full time at the school in January as the Doyle Rogers Distinguished Chair of Law at the Nashville, Tenn., law school. Gonzales is currently a visiting professor at Texas Tech University in Lubbock, where his appointment initially spurred opposition from some students and faculty.
On the Hook: Novel Strategy Regarding Covenants Not to Collect Pays Off for Plaintiffs	Top
Plaintiffs' lawyer Jack McGehee has a message for insurance companies that deny medical-malpractice coverage to the doctors his clients sue: He and his clients will go after insurers, too.
Lubbock Judge Remembered for Compassion, Commitment, Fairness	Top
Lubbock County Court-at-Law No. 1 Judge Rusty Ladd died last Friday evening of injuries he suffered when his motorcycle was struck by another vehicle. Judge Bill Sowder of Lubbock's 99th District Court says Ladd's compassion in his treatment of defendants who appeared before him made Ladd more effective in rehabilitating people than judges perceived as tough on crime.
Newsmakers	Top
Inadmissible	Top
"Costs, But No Fees," "Already Hard at Work," "New Magistrate Judge," "Garcia Threatened," "New Ideas" and "Ranch Days."
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.
Newsmakers	Top
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.
Commentary: Med-Mal Suits Against Government-Employed Docs Nixed	Top
Most Texas lawyers know that in 2003 the Legislature, in H.B. 4, enacted sweeping legislation to protect doctors in medical-malpractice suits, writes Amy Warr, a partner in the appellate boutique Alexander Dubose & Townsend in Austin. H.B. 4 capped damages, required the early filing of expert reports, shortened the limitations period and mandated jury unanimity for punitive damages.
How to Motivate Lawyers Effectively	Top
Managing partners in today's first-generation firms are increasingly aware of the need for an effective method of motivating their lawyers, says Joel A. Rose. The basic question facing these partners is how to enable lawyers to achieve — in effect, how to motivate lawyers so they will stay with the firm.
Commentary: Leaning In — Female Professionals Must Embrace Ambition	Top
August means two things to big-firm lawyers: goodbye to summer associates and hello to first-year associates — that and weather hot enough to melt a cheap briefcase, says Kathleen J. Wu. For those sending the summers back to law school and bringing the newly minted lawyers into the fold, she offers some wisdom from an up-and-comer in whom she has taken a particular interest.
Commentary: How to Deal With Questions From the Bench	Top
One of the most stressful moments of a hearing or argument comes when the judge looks up from her papers, clears her throat and says, "Counsel, I have a question." This simple sentence can fluster new and experienced counsel alike, but the strategy for capable answers in the courtroom is simple, says Jim Moseley. To deal effectively with questions from the bench, a lawyer must appreciate the queries for what they are, anticipate what questions may be asked and prepare truthful responses that advance the client's position.

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