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• Commentary: Ten of the 5th Circuit's Most Important Opinions of 2011
• MDL Panel Transfers Webvention Patent Suits from East Texas to Maryland
• Miscues, Missteps And Mouthing Off
• Verbal Notice to Clerk Not Sufficient to Vacate Transfer Order, Federal Circuit Rules
• The Impact Players
• Practice by Practice: 2011's Substantive Law Developments
• Discipline
• Newsmakers
• Computer Fraud and Abuse Act 101
• Provisions That Turbocharge a Noncompete
• Commentary: Narcissus — Alive, Well and Practicing Near You
• Commentary: Counseling Clients in a Distressed Economy
• 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

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Commentary: Ten of the 5th Circuit's Most Important Opinions of 2011	Top
As the nation's second largest federal court of appeals by number of judges, the 5th U.S. Circuit Court of Appeals regularly resolves difficult disputes involving diverse issues. James C. Ho and Michael D.Y. Sukenik write that one article cannot do justice to its docket, but they offer 10 cases worth noting from 2011.
MDL Panel Transfers Webvention Patent Suits from East Texas to Maryland	Top
Marshall-based Webvention LLC has had a pretty good run over the past couple of years asserting a patent covering widespread Web functions against a host of companies. But will the patent troll's licensing and litigation model survive an order transferring the company's docket of infringement cases out of East Texas? A ruling by the U.S. Judicial Panel on Multidistrict Litigation may change things.
Miscues, Missteps And Mouthing Off	Top
With 2011 winding down, it's time to look back at the miscues, missteps and, in one instance, misplaced apprehension that marked the year for the Texas legal community. Texas Lawyer reviews what happened, or didn't happen, on the legal front to determine those most deserving of the Tongue-in-Cheek Awards.
Verbal Notice to Clerk Not Sufficient to Vacate Transfer Order, Federal Circuit Rules	Top
The U.S. Court of Appeals for the Federal Circuit has ruled that a party's verbal notice to the court clerk's office of a settlement of a patent infringement case was not sufficient to support withdrawal of an order directing transfer of the case. Some Federal Circuit rulings about Delaware follow several mandamus cases about the Eastern District of Texas, mostly requiring transfer out of the plaintiff-friendly district.
The Impact Players	Top
The Impact Players of 2011 include an architect of the 2011 court reorganization law, a lawyer who waged a war on barratry, a lawyer who played a special role in the referendum on disciplinary rules, two lawyers who scored big victories in precendent-setting appellate cases, a lawyer who negotiated an $8.5 billion settlement, and a federal judge whose biting order drew considerable attention.
Practice by Practice: 2011's Substantive Law Developments	Top
Practitioners discuss the substantive law developments for the year in arbitration law, banking and business law, bankruptcy, criminal law, energy, family law, immigration, insurance law, intellectual property, labor and employment, personal-injury law, real estate law and tax law.
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
Computer Fraud and Abuse Act 101	Top
Lawyers should have a basic understanding of the federal Computer Fraud and Abuse Act, which provides criminal and civil penalties for wrongfully accessing a computer to do harmful things, writes Shawn E. Tuma. They also should understand how to allege a loss under CFAA in a business case, which is not straightforward.
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: 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: 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.
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.

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