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The latest from Texas Lawyer

• Government Misconduct in FCPA Prosecution Cited in Case
• Questions Remain About Proposed EPA Air Rules for Natural Gas Wells
• Texas Firms File Suits in Pursuit of Legal Fees
• Group of V&E Lawyers Moving to Bracewell
• Client Alleges Attorney Promised a Win, Pressured Her to Settle
• With Immigration Case, Court Takes on Another Potential Blockbuster
• An Improved Way to Handle Your Law Firm Holiday Cards
• Battle Heats Up Between Stanford Receiver and Antiguan Liquidators
• Discipline
• Newsmakers
• Provisions That Turbocharge a Noncompete
• Commentary: Counseling Clients in a Distressed Economy
• Narcissus: Alive, Well and Practicing Near You
• Commentary: How to Handle the Funds of Missing Clients
• Letter to the Editor
• Commentary: Tread Lightly With Footnotes
• Commentary: Fulfilling Document-Preservation Obligations
• Commentary: Banishing the Word "Bossy" From Women's Vocabularies
• A Four-Phase Formula for Strategic Planning
• Commentary: Reel in Discovery Disputes in Travis County District Courts
• Don't Let Life Imitate Art
• Three Things Never to Write in Court Papers

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Government Misconduct in FCPA Prosecution Cited in Case	Top
A federal judge's dismissal of convictions in a high-profile Foreign Corrupt Practices Act case because of prosecutorial misconduct has prompted Joel Androphy of Berg & Androphy in Houston, a defense attorney in a related prosecution, to challenge the government's case against his client. He represents a former general manager of a subsidiary of ABB Ltd. in Sugar Land.
Questions Remain About Proposed EPA Air Rules for Natural Gas Wells	Top
On Nov. 30, the public comment period closed on proposed revisions to the air emission standards prescribed by the federal New Source Performance Standard (NSPS) and the National Emission Standards for Hazardous Air Pollutants (NESHAP) for the Oil and Natural Gas source category.
Texas Firms File Suits in Pursuit of Legal Fees	Top
Four Texas firms have filed suits in attempts to collect allegedly unpaid fees from clients or former clients. Plaintiff firms include Spain Chambers, Rentea & Associates, Mayer Brown and Fridge & Resendez. Three of the suits were filed in Harris County, and one was filed in Travis County.
Group of V&E Lawyers Moving to Bracewell	Top
Mark Evans, managing partner of Houston-based Bracewell, says the 445-lawyer Bracewell long has sought to expand its finance capabilities with a larger public finance practice, and the V&E group is a "great addition" to the firm. Evans says the firm represents a large number of school districts and other public entities, and the public finance practice supports that client roster.
Client Alleges Attorney Promised a Win, Pressured Her to Settle	Top
Houston lawyers Tammy Tran and Pete Mai and Tran's firm, Tammy Tran Attorneys at Law, seek a take-nothing judgment in a breach of fiduciary duty and breach of contract suit filed against them by a woman who alleges they mishandled her litigation. Among other things, the plaintiff alleges in her Nov. 18 petition that Tran "promised" to "win" Mai at least $156,000 in an underlying suit involving a 2007 car sale.
With Immigration Case, Court Takes on Another Potential Blockbuster	Top
The U.S. Supreme Court on Monday agreed to decide whether Arizona's tough anti-immigration law can be enforced or is in fatal conflict with federal immigration law. The justices' decision to review four key provisions in Arizona's Support Our Law Enforcement and Safe Neighborhoods Act comes less than three days after the Court agreed to review controversial Texas redistricting plans that have been challenged as reducing the influence of minority voters.
An Improved Way to Handle Your Law Firm Holiday Cards	Top
Recently, I received the following e-mail from a law firm managing partner: "Are holiday cards worth the money we have been spending each year? Do you think anybody looks at them or even notices who they are from?"
Battle Heats Up Between Stanford Receiver and Antiguan Liquidators	Top
The court-appointed receiver leading U.S. efforts to recover worldwide assets of alleged Ponzi schemer R. Allen Stanford's empire is suddenly facing a new challenge: a revived Stanford bank liquidation proceeding in Antigua. On Dec. 5 the joint liquidators for Stanford International Bank, the Stanford-owned bank in Antigua that issued bogus CDs to investors, filed a renewed motion for the Antiguan proceedings to be recognized as the authoritative Stanford insolvency.
Discipline	Top
One lawyer has been placed on probation for a year, and two others have received public reprimands, the State Bar of Texas reported recently.
Newsmakers	Top
Provisions That Turbocharge a Noncompete	Top
Firing up a noncompete suit takes guts, writes Alan Bush. Hands down, the dispute is about a company's competitive edge. In most cases, a key employee has learned the company's secret playbook, then jumped ship to a direct competitor. All eyes are on trial counsel to deliver a temporary restraining order. Tensions are high, and time is short.
Commentary: Counseling Clients in a Distressed Economy	Top
Current economic conditions have impacted many aspects of society, and family law practice is no exception, writes Jonathan J. Bates. Those facing life-changing adversity while contemplating divorce require effective guidance, which is part of the family law attorney's "counselor" role. The family law attorney should speak clearly and firmly regarding the various risks the party faces when in divorce proceedings.
Narcissus: Alive, Well and Practicing Near You	Top
The legal profession contains more than a disproportionate share of big egos. write Lisa Blue Baron and Robert B. Hirschhorn. But there's a difference between excessive self-confidence and narcissism. Learning about how the mental health profession defines narcissism can help attorneys keep an even keel, even when working for, litigating against or appearing in court in front of a narcissist.
Commentary: How to Handle the Funds of Missing Clients	Top
What are the ethical and legal obligations of a firm holding funds for a client it cannot locate? This situation might arise if a firm is holding client money in an Interest on Lawyer Trust Account (IOLTA) that is subject to a disputed lien or a holdback provision in a real estate transaction or a settlement agreement, writes Ray Langenberg. A firm also might hold an unearned retainer for an extended period of time.
Letter to the Editor	Top
Ruling on sentimental-value damages for loss of pet should be lauded.
Commentary: Tread Lightly With Footnotes	Top
Footnotes can be distracting. But avoiding them entirely is not the answer, writes Martin J. Siegel. Used incorrectly and excessively, footnotes tax the reader and reflect poor writing. Used properly and sparingly, they add to a brief's overall effectiveness. He offers seven lessons for footnotes done right, starting with "Don't. They should be the rare exception, not the rule."
Commentary: Fulfilling Document-Preservation Obligations	Top
In the age of email, metadata, flash drives and cloud computing, most attorneys are acutely conscious of their duty to ensure that their clients appropriately preserve documents, writes Barbara S. Nicholas. An attorney should issue a written litigation hold immediately upon notice of a triggering event (e.g., potential claim) or a suit, whichever comes first. In a perfect world, the initial demand for litigation hold would contain the universe of information necessary to capture all systems and parties relevant to the claim or suit.
Commentary: Banishing the Word "Bossy" From Women's Vocabularies	Top
One of the reasons women seem to hit a wall in their careers goes back to a word they've heard consistently since elementary school: bossy, writes Kathleen J. Wu. Two studies report that when women who work in professions traditionally held by men are successful, they are less liked than similarly successful men.
A Four-Phase Formula for Strategic Planning	Top
Over the past decade, significant changes have occurred within the legal profession that have required law firms to do long-range planning. The market for legal services has become, and will continue to be, more competitive, writes Joel A. Rose.
Commentary: Reel in Discovery Disputes in Travis County District Courts	Top
Want to know what Travis County District Court judges probably think about these disputes? Sara M. Foskitt writes that, typically, they're related to a slew of overly broad, irrelevant requests that equate to a fishing expedition (although that isn't always the case). A quick look at some local district court history can offer a few clues as to how the judges will probably proceed in discovery disputes and can provide a few lessons for lawyers.
Don't Let Life Imitate Art	Top
Articles that focus or comment on the physical characteristics of women are so commonplace that our society no longer questions or is offended by them, writes Linda Bray Chanow, executive director of the Center for Women in Law at the University of Texas School of Law in Austin. These articles perpetuate cultural definitions of gender that have a deep impact on the way women relate to and use power in the workplace.
Three Things Never to Write in Court Papers	Top
James M. Stanton writes that his experience on the state district court bench taught him that trial judges are a conscientious lot who read the briefs and want to get their rulings right. In light of that, he offers three things a lawyer should never write in court papers for fear of turning off the judge and hurting a client's chances of prevailing at a hearing.

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