HEADNOTES. The Communications Decency Act (CDA) of. Bar None: 23 Years of Entertainment & Scholarships. IP Law: Can The Messenger Be Sued?

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1 Dallas Bar Association HEADNOTES Volume 32 Number 7 July 1, 2008 IP Law: Can The Messenger Be Sued? The Communications Decency Act (CDA) of 1996 has generally been assumed to provide Web site operators with broad immunity from liability for posting information provided by a third party. A number of court decisions have found that Congress intended to protect free expression on the Internet by neither requiring nor preventing screening of third-party content by Web site operators, even if this results in differing treatment between Web site operators and publishers in other media. Two recent decisions call that assumption into question. A third decision reinforces it but only up to a point. Section 230(c)(1) of the act states that [n]o provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider, defined as one who is responsible, in whole or in part, for the creation or development of, content. In Chicago Lawyers Committee for Civil Rights Under Law, Inc. v. Craigslist, Inc. and Fair Housing Council of San Fernando Valley v. Roommates.com, LLC, the 7th Circuit and the 9th Circuit each considered the liability of a Web site operator for violations of the Fair Housing Act. The FHA bans discrimination based on certain protected classes when selling or renting housing and makes it unlawful to publish ads that state a preference regarding a protected class. (42 U.S.C. 3604(a), (c).) User postings on both sites potentially violated the FHA. In each case, the Web site operator sought immunity from suit based on the CDA. In Craigslist, the 7th Circuit explicitly rejected the argument that the CDA gives comprehensive immunity from civil liability for content provided by a third party, noting that, for example, a Web site operator could be liable for contributory infringement if its system were designed to help people steal music. However, the court did find that under the plain language of 230(c)(1), Craigslist was not the publisher of discriminatory content posted by third parties. In rejecting the argument that Craigslist caused the publication by providing the forum, the court noted that Craigslist did not induce or reward the posting of discriminatory content and analogized the Web site s role to that of the phone company or a courier service. Requiring Craigslist to screen all third-party content would be unduly burdensome and might make the service less useful. So while rejecting the concept of blanket immunity, the Craigslist decision is consistent with previous judicial interpretations of the intent of the CDA. In Roommates, the 9th Circuit similarly found that the CDA does not give blanket immunity, but that Roommates was immune from liability for free-form, narrative content that users posted as part of their profiles, because Roommates neither required nor encouraged the inclusion of potentially discriminaby Debra L. Witter Bar None: 23 Years of Entertainment & Scholarships In its 23rd year, the Bar None cast once again demonstrated that their talents extend far beyond practicing law, as more than 40 performers entertained audiences for four nights in June. Thanks to the Dallas Bar Foundation and these hard-working singers, dancers and actors, more than $1.1 million has been contributed to the Sarah T. Hughes Diversity Scholarships at SMU Dedman School of Law, and benefited 40 students. Under the guidance of show director Martha Hardwick Hofmeister and producer Tom Mighell, these dedicated thespians certainly have earned their spot on the Cover of Dallas Headnotes. For more information, visit Fo c u s: Intellectual Pr o p e r t y Law see can the messenger, page 7 Events Friday Clinics Christmas in July See Page 2 Inside Auction Rate Securities: In the Wake of a Market Freeze...3 E-Mentoring, Esq. Program: Impacting Hundreds of Students...5 Cease-and-Desist Letters: Fraught With Peril...10

2 2 Headnotes Dallas Bar Association July 1, 2008 Calendar V isit w w w. d a l l a s b a r. o r g f o r u p d a t e s o n Fr i d a y Clinics a n d o t h e r CLEs Friday, July 11 North Dallas** TUESDAY, JULY 1 Tort and Insurance Practice Section Marketing the Law Firm, Mike Androvett, Holly Mason and Larry Upshaw. (Ethics 1.00)* From Bench to Bar and Back Again: A View From Both Places, Hon. Catharina Haynes. Sponsored by the DBA Judiciary Committee. (MCLE.5)* DAYL Aid to the Homeless Committee 6 p.m. DAYL Board of Directors WEDNESDAY, JULY 2 5 p.m. Bankruptcy and Commercial Law Section Ethics for the Bankruptcy Practitioner Post- Enron, Nancy Rappaport. (Ethics 1.00)* THURSDAY, JULY 3 FRIDAY, JULY 4 Family Law Section Board DBA offices closed for Independence Day. MONDAY, JULY 7 No DBA meetings scheduled. TUESDAY, JULY 8 Business Litigation Section Texas Supreme Court Update, Pamela S. Baron. (MCLE 1.00)* DBF Board of Directors DAYL Equal Access to Justice Committee 6 p.m. Home Project Committee WEDNESDAY, JULY 9 11:30 a.m. Legal History Discussion Group Risk, Opportunity and Failure: Credit and Bankruptcy in South Texas, , Dr. Alicia Dewey. (.75 MCLE)* Family Law Section Obtaining Hard-to-Get Records for Your Family Law Case, Melissa Martinek. (MCLE.75)* House Committee Law in Schools & Community Committee Lawyer Referral Service Committee FRIDAY CLINICS Duties of an Ad Litem Attorney: Eldorado as a Case Study, Laurel Clement and Kathryn Flowers. At 5420 Lyndon B. Johnson Frwy., Suite 240, Dallas, TX Thank you to our sponsor Griffith Nixon Davison. Contact Kathryn at with questions. (MCLE 1.00)* Friday, July 18 Belo How to Detect and Prove E-Discovery Misconduct, Kenton J. Hutcherson. (MCLE 1.00)* Friday, August 8 North Dallas** Handling Pro Bono Cases. At 5420 Lyndon B. Johnson Frwy., Suite 240, Dallas, TX Contact Kathryn at with questions. (MCLE 1.00)* 5:15 p.m. LegalLine DAYL Judiciary Committee THURSDAY, JULY 10 Collaborative Law Section Judges Roundtable on Collaborative Law, with moderator Gay Cox. (MCLE 1.00)* Admissions and Membership Committee Publications Committee Speakers Committee DAYL CLE Committee DAYL Freedom Run Committee 6 p.m. J.L. Turner Legal Association FRIDAY, JULY 11 Friday Clinic North Dallas** Duties of an Ad Litem Attorney: Eldorado as a Case Study, Laurel Clement and Kathryn Flowers. At 5420 Lyndon B. Johnson Frwy., Suite 240, Dallas, TX Thank you to our sponsor Griffith Nixon Davison. Contact Kathryn at with questions. (MCLE 1.00)* Trial Skills Section Cross Examination, Trey Cox. (MCLE 1.00)* Minority Clerkship Luncheon. Keynote speaker: Robert Estrada. Sponsored by the DBA Minority Participation Committee. RSVP to Criminal Justice Committee Transition to Law Practice Program DAYL Environmental Awareness Committee 3:30 p.m. High School Mock Trial Case-Writing Committee MONDAY, JULY 14 Alternative Dispute Resolution Section Employment Law: The Supreme Court Speaks, Eduardo F. Jim Cuaderes Jr. (MCLE 1.00)* Real Property Law Section Update on Water Law in the State of Texas, Mark McPherson. (MCLE 1.00)*. CLE Committee Dallas Hispanic Bar Association TUESDAY, JULY 15 Antitrust and Trade Regulation Section Recent Developments at the Antitrust Division, Scott D. Hammond. (MCLE 1.00)* International Law Section The Energy Outlook: Present & Future Needs and Alternatives, a representative from ExxonMobil. (MCLE 1.00)* Community Involvement Committee Entertainment Committee Public Forum Committee DAYL Elder Law Committee DVAP New Lawyer Luncheon. RSVP to Chris Reed-Brown at WEDNESDAY, JULY 16 5:15 p.m. LegalLine Pro Bono Activities Committee Non-Profit Law Study Group Municipal Justice Bar Association THURSDAY, JULY 17 Minority Participation Committee Civil Collaborative Practitioners Group UPL Subcommittee Christian Legal Society Dallas Criminal Defense Lawyers Association Dallas Gay & Lesbian Bar Association 3:30 p.m. DBA Board of Directors FRIDAY, JULY 18 MONDAY, JULY 21 Friday Clinic Belo How to Detect and Prove E-Discovery Misconduct, Kenton J. Hutcherson. (MCLE 1.00)* Community Service Fund Board Labor & Employment Law Section Family Responsibility Discrimination: Litigating the Maternal Wall, Mary Goodrich Nix and Rachel Ziolkowski. (MCLE 1.00)* TUESDAY, JULY 22 Courthouse Committee Bench Bar Conference Committee American Immigration Lawyers Association WEDNESDAY, JULY 23 Sports & Entertainment Law Section Legal Aspects of Television Production Deals, Kirk Schroder. (MCLE 1.00)* Dancing With Your Ex s Ex: Duties & Dangers in Communicating With Your Adversary s Former Employees, Anne Shuttee, Bill Bridge, Kelli Hinson and Suzanne Westerheim. Sponsored by the DBA Legal Ethics Committee. (Ethics 1.00)* Juvenile Justice Committee THURSDAY, JULY 24 Criminal Law Section Topic Not Yet Available. Environmental Law Section Environmental Justice, Jeffrey Gaba. (Ethics 1.00)* 5 p.m. Labor & Employment Law Section Seminar A Funny Thing Happened on the Way to the Disciplinary Hearing, Sean Carter. $20 per person. (MCLE 1.5)* FRIDAY, JULY 25 9 a.m. Christmas in July. Donations accepted at the Belo Mansion until 4 p.m. Sponsored by the DBA Community Involvement Committee. Contact Elaine Mosher at with questions. 9 a.m. Pictorial Photo Session. Until 3 p.m. No appointment necessary. Contact Judi at with questions. Intellectual Property Law Section Topic Not Yet Available. Media Relations Committee Collaborative Law Section DAYL Guardianship CLE. For more information, contact Cherie at 3:30 p.m. High School Mock Trial Case-Writing Committee MONDAY, JULY 28 9 a.m. Pictorial Photo Session. Until 2 p.m. No appointment necessary. Contact Judi at with questions. Securities Law Section Topic Not Yet Available. Computer Law Section Recent Developments in Patent Law: An In-House Perspective, Robert Kajubi and Dan Venglarik. (MCLE 1.00)* TUESDAY, JULY 29 No DBA meetings scheduled. WEDNESDAY, JULY 30 No DBA meetings scheduled. THURSDAY, JULY 31 5 p.m. Dallas Hispanic Bar Association AUGUST 2008 Due to renovations during the month of August in the Belo Mansion & Pavilion, most meetings and CLE programs have been cancelled. Contact Teddi at for more information. CHRISTMAS IN JULY Friday, July 25 ~ 9 a.m. to 4 p.m. ~ The Belo Mansion ~ Dallas Lawyers Auxiliary Serving the Community Once again, the DBA Community Involvement Committee is coordinating a drive to benefit local charities. Please bring donated items (including cash contributions, non-perishable food and clothing) to the Belo Mansion on Friday, July 25. Additionally, nice T-shirts and belts are needed, to be donated to students within the Dallas ISD. For more information, contact Elaine Mosher at Since 1983, the Dallas Lawyers Auxiliary has presented the Justinian Award to honor a Dallas lawyer for civic and philanthropic contributions. This year s recipient, Ron Kirk, is pictured above with Chris Rourk, DLA President Therese Rourk, Matrice Kirk, Mary Blake Meadows and Chuck Meadows (left to right). The community leaders, who served as judges for the Justinian Award, include Dee Wyly, Tracy Rowlett, Dolores Barzune, Dr. Ron Anderson, and Dr. R. Gerald Turner (photo at right, bottom row first); they are pictured with Justinian Award Co-Chairs Mary Blake Meadows and Kathy Dwight and DLA President Therese Rourk (back row). Throughout the year, the DLA raises funds for its foundation to assist charitable organizations in Dallas. DLA members and guests recently hosted U.S. Senator Kay Bailey Hutchison at a luncheon at the Belo Mansion. DLA President Therese Rourk and Luncheon Chair Mary Lee Cox are pictured with the senator during her book-signing. For more information on the DLA, visit If special arrangements are required for a person with disabilities to attend a particular seminar, please contact Cathy Maher at 214/ as soon as possible and no later than two business days before the seminar. All Continuing Legal Education Programs Co-Sponsored by the DALLAS BAR FOUNDATION. *For confirmation of State Bar of Texas MCLE approval, please call Teddi Rivas at the DBA office at 214/ **For information on the location of this month s North Dallas Friday Clinic, contact

3 July 1, 2008 Dallas Bar Association Headnotes 3 Auction Rate Securities: In the Wake of a Market Freeze by David Anderson and Sarah Hodges The dramatic failure of the $300 billion market for auction rate securities (or ARS ) has left Wall Street banks, investors and government agencies facing a myriad of legal and regulatory issues. Over the past few months, investors who thought they had purchased shortterm, liquid securities have found themselves unable to sell, and many issuers have been forced to pay higher interest rates on billions of dollars of outstanding debt. The turmoil has prompted investors to head to the courthouse or file arbitration claims, and regulatory agencies have launched probes into the ARS market. There are four principal categories of ARS: preferred securities issued by closed end funds securities backed by municipal bonds securities backed by collateralized debt obligations securities backed by student loans Although ARS are long-term debt, their interest rates reset at regular auctions, usually every 7, 28 or 35 days. In theory, issuers of ARS should obtain lower interest rates on long-term obligations, and investors should receive higher returns on liquid, short-term investments. The ARS market was liquid from its creation in 1984 until 2006, with only about a dozen auctions ever failing. Problems arose in late 2007, when ARS auctions failed for closed-end funds offering preferred stock backed by sub- prime debt. Then, in February 2008, the ARS market collapsed. More than 80 percent of the auctions scheduled for February 13 and 14 failed, and most auctions have failed since then. The legal and financial ramifications of the market-freeze vary depending on the terms of each ARS, which dictate the rate to which interest payments reset in the event of an auction failure. Fail rates for some ARS were tied to benchmarks such as the London Interbank Offered Rate, which has fallen during the subprime crisis. However, the fail rate for municipal bonds can be as high as 20 percent. Many municipalities facing higher payments responded by quickly refinancing or redeeming their bonds, though others are finding it difficult and expensive to do so. The city of Houston, which used ARS to finance $1.9 billion of bonds, saw some payment obligations jump from 4.25 to 7.8 percent in the wake of the market collapse. City officials stated this spring that they expected refinancing would be costly and that the city would be stuck paying higher interest rates. ARS investments have also compounded the financial problems of Jefferson County, Ala., which now teeters on the brink of bankruptcy. The Securities and Exchange Commission brought suit in April against the former Jefferson County commission president, who allegedly accepted side payments in connection with the sale of interest-rate swaps and auction-rate bonds. Investors stuck with illiquid ARS have filed arbitration claims and brought class-action suits, typically against the brokers and brokerage houses that sold them the securities. The investors contend that defendants led them to believe that ARS were highly liquid, short-term investments when, in actuality, the market s liquidity would last only for so long as brokers continued to support it. One class-action filed in New York federal district court includes allegations that a fund issuing preferred securities did not disclose that the ARS market was not efficient and failed to explain the ramifications of an auction failure. Commentators have been quick to point to the vulnerabilities of these claims, including that damages will be difficult to prove and that the number of individual issues make class certification challenging. Still, other observers have stated that banks active role in the ARS market may make the claims difficult to defend, and some of the suits have been brought by very sympathetic plaintiffs. In February, Merrill Lynch reportedly paid $13.9 million to settle claims brought by the city of Springfield, Mass., that it had placed city funds slated for moneymarket-like investments in ARS backed by risky collateral without disclosing the nature of the investments. State and federal regulators have also entered the fray. A task force of securities regulators from nine states, including Texas, is investigating ARS sales. New York s Attorney General has launched an industry investigation by issuing subpoenas to 18 major financial institutions seeking information about ARS marketing. In May, UBS Financial Services responded to a Massachusetts attorney general investigation by stating that it would return $35 million that municipalities invested in ARS. The attorney general had been scrutinizing whether UBS misled the municipalities about the nature of ARS investments. In addition, both the SEC and Financial Industry Regulatory Authority are examining ARS sales. Investors are struggling with the decision of whether to hold or sell their ARS, and public companies face uncertainty about how to report ARS on their balance sheets. A limited secondary market has developed where ARS trade at a discount that varies depending on the nature of the underlying collateral. ARS backed by municipal bonds may be redeemed at a relatively small discount, while for those backed by student loans, which typically have very low fail rates, the discount can reach 30 percent. Closed-end funds have redeemed percentages of their auction rate preferred shares, in some cases by lottery. Some brokerage houses are offering margin loans to satisfy investors short-term cash needs. In other cases, commercial banks with affiliated brokerage houses have stepped in to make short-term loans at interest rates that approximate the interest rates being paid by each customer s ARS. HN David Anderson is a partner at Carrington, Coleman, Sloman & Blumenthal, and Sarah Hodges is an associate. Their practice includes a variety of litigation matters, with a focus on financial and securities litigation and the representation of directors and officers. 17th Annual DBA Bench Bar Conference September at Horseshoe Bay Resort Marriott Register at Space is limited! Discounted early-bird rate through August 1, Casual Attire Only! Approximately 4 hours from Dallas. More than 50 judges attending, and about 250 lawyers. At least 6 hours CLE, including Ethics. CLE topics include Trends in Dallas Civil Courts, Supreme Court Update, What Are Juries Thinking?, E-Discovery, Hot Topics in Personal Injury & Insurance Litigation, Criminal Court Practices, Effective Courtroom Communications, Eggs & Ethics, Professionalism 20 Years After Dondi, Legislative Challenges, and much more. Golf, wine tour, yoga, tennis, karaoke, sporting clays, biking, a canopy tour and more. Ask A Lawyer is one of the top legal searches on the Internet today

4 4 Headnotes Dallas Bar Association July 1, 2008 If you know how to cheat, start now. Earl Weaver President s column The Best Kind of Cheating by Frank E. Stevenson II It s summertime and a man s thoughts turn to baseball and the cinquecento. Gerolamo Cardano was a gifted 16th-century mathematician, physician, inventor and astrologer and, like his friend, Leonardo da Vinci, a giant of the Italian Renaissance. You and I benefit daily from the harvest of his genius. Cardano was the first to diagnose several diseases and laid the groundwork for the education of the deaf; he invented the combination lock and devised the central element of the drive train of our automobiles the eponymous cardan shaft. But Cardano not only gave us a shaft, he got one too. How else to explain his obscurity when, in addition to all of his other achievements, Cardano actually predicted, years in advance, the exact day of his death at the age of 75 years and one week? And still no one s ever heard of him. Why? Well, only because he cheated. Awaking on the appointed day of his demise in the pink of health, Cardano was distraught with disappointment. So he killed himself. Maybe it s just my imagination, but cheating seems to be getting a really bad rap these days. Tampering with the natural succession of events, the way Cardano did, or tilting the playing field to your advantage, like an athlete using performance-enhancing drugs, or stacking the deck in your business dealings, like an investor trading on insider information, is met with cataracts of criticism. Maybe cheating s due for a makeover. After all, it was a scant dozen years ago, almost to the day, that Ivan Boesky offered the advice to the graduating class of a premier business school that his celluloid Doppelgänger, Gordon Gekko, distilled to the cultural catchphrase for an entire decade: Greed is good. Boesky later went to prison and paid hundreds of millions of dollars in fines for fraudulent financial dealings essentially, for cheating. But at that commencement, Boesky s audience cheered. Tonight I just returned from a commencement of a different sort. W.W. Samuell High School graduated its Class of 08 at the Dallas Convention Center. There was cheering, but not in response to any encomiums for greed. Instead, the speakers offered solid advice about maintaining your decency and keeping your promises. Scattered among those graduates was the handful of students who inaugurated the DBA s E Mentoring, Esq. Program when 2003 President Brian Melton began it their freshman year. They had been drawn from a Dallas ISD program known by the acronym AVID Advancement Via Individual Determination geared toward students facing an atypically high risk of dropping out of a system that heroically struggles to graduate just 60% of its typical students. No one in their families has gone to college and few, if any, finished high school. I was there to watch my e-mentee the young man I ve been ing throughout his high school career graduate 30th in his class of 345. The four scholarships he earned will carry him to college in the fall. He is utterly extraordinary, but hardly distinctive. E- Mentoring students score 30 to 50 percentage points higher than the remainder of their class on the TAKS test. Every Samuell E-Mentoring student who graduated today will be at college next year. Could E-Mentoring have made that kind of difference in these students lives? I don t see how. The investment of time and effort required of an e-mentor is pin money in the great scheme of things. Just a few s a month answering questions, sharing experiences, and offering encouragement. But at the three E-Mentoring Celebration Banquets held at the Belo in May, the students seemed to feel quite differently about the subject. In her presentation to the group, one young woman from Spruce High School literally thanked God for her mentor or at least tried to, until she choked on her tears. As two students from Woodrow Wilson High School signed their remarks, a teacher gave voice to their gratitude for a program that enables them to communicate fully unrestrained by their deafness, just like any other kid. When they finished, their fellow Woodrow students sat silently and signed their applause. One student called his mentor my inspiration ; a senior ed one e-mentor to ask that they continue their correspondence as long as they lived ; another closed his s with Your Mentee, Buddy, and Best Friend. But the e-mentee comment that still shakes me is the one I shared at my Inaugural speech in January in which an e-mentor was told: You were the first person who ever acted like I was supposed to succeed. Wouldn t you like to receive an like that? Today there are roughly 600 e-mentors, with some taking up to four students; they have to. From only 45 students at one school in 2003, the E- Mentoring program has grown to nearly 800 students at nine schools. That success is due to Brian Melton s insight, as well as the extraordinary efforts of many DBA members, including Mary Goodrich Nix and Everett New, who led the program this year, Alissa Brackin, Allen Butler, Sheri Crosby, Kirstin Dietel, Kim Harrell, Sarah Kownacki, Richard Luke, Tanja Martini, Bria Lauren Smith, Elizabeth Stanley, Holland Sullivan, Van Van Bebber, Tracy Wolf, and Stephanie Zaleskin But none of the program s success could have been achieved without cheating. That s right, cheating. And the DBA s fingerprints are all over it. Certainly none of our e-mentees cheated in the bad sense alleged against Barry Bonds or proved against Boesky. But with help from E-Mentoring, those students have cheated the traps and snares that snuff the hopes of too many of our children. Our e-mentees cheated poverty and staggering dropout rates. They cheated families broken by abandonment or incarceration. They cheated the ho-hum ubiquity of drugs, crime, violence and hopelessness. They cheated the natural succession of events, the tilted playing field, the stacked deck all the things that predicted failure. They cheated and we helped. And that s the best kind of cheating. Earl Weaver, elected to the Baseball Hall of Fame just weeks before Boesky s infamous commencement speech, once rallied his Orioles with, If you know how to cheat, start now. There is no evidence that Weaver ever cheated in the bad sense of the word. Still, he sure cheated defeat; during his 17 years as manager, his Baltimore team suffered just a single losing season. Predictably, Weaver was never resigned to the natural succession of events; 22 years after his retirement, his 97 ejections remains an AL record. At the induction in Cooperstown, the late Elrod Hendricks, an Orioles catcher and later coach, tried to explain Weaver s greatness. Hendricks, whose feet had been crushed in a childhood accident, sounded a lot like the e-mentee I quoted last January: He was the only person in the world who believed I could play in the big leagues... everything I have, I owe to him. Carried by that confidence, Hendricks cheated the traps laid in his path and wore an Orioles uniform for a clubrecord 37 years. Separated by only weeks, the remarks of a grateful ballplayer and a disgraced arbitrager limn the difference between the best kind of cheating and the worst. Weaver apparently cheated defeat the same way E-Mentoring does: simply by believing in people. History, George Malcolm Young remarked, is not what happened, but what people felt about it when it was happening. Maybe Hendricks owed everything to Weaver or maybe he didn t. But one way or the other, Hendricks certainly felt that way when it was happening. And so, that s how history will forever recount the contribution one man (Weaver) made to the life of another (Hendricks). Maybe the same is true for Samuell s E-Mentoring students who walked across the convention center s stage this afternoon. Whether their e-mentors made an inestimable difference or not, those students apparently felt they did. And so, that s how history will recall what your Dallas Bar contributed to lives of the first class to graduate from Brian Melton s fine program. Yes, the Dallas Bar knows how to cheat. And it s the best kind of cheating. That s fortunate, since today a new class of AVID freshmen advances to fill the place of those who graduated just hours ago. For these new e-mentees, the natural succession of events consigns them to failure; the playing field s tilted and the deck is stacked. For the e-mentors, then, there s no time to waste. Since we know how to cheat, we d better start now. HN Headnotes Published by: DALLAS BAR ASSOCIATION 2101 Ross Avenue Dallas, Texas Phone: (214) Fax: (214) Website: Established 1873 The DBA s purpose is to serve and support the legal profession in Dallas and to promote good relations among lawyers, the judiciary, and the community. OFFICERS President: Frank E. Stevenson II President-Elect: Christina Melton Crain First Vice President: Ike Vanden Eykel Second Vice President: Barry Sorrels Secretary-Treasurer: Jerry C. Alexander Immediate Past President: Beverly Bell Godbey Directors: Kim Askew (at-large), Steve Bolden (President, J.L. Turner Legal Association), W. Frank Carroll (at-large), Joe Cox, Rob Crain, Sally L. Crawford, Hon. Elizabeth H. Crowder, Laura Benitez Geisler, Michele Wong Krause, Hon. Marty Lowy (judicial at-large), Karen McCloud (President, Dallas Association of Young Lawyers), Scott McElhaney, Mike Parham, Aaron Ramirez (President, Dallas Hispanic Bar Association), Florentino A. Ramirez (at-large), Paul K. Stafford, Debra K. Thomas, Brad C. Weber and Wesley Young (President, Dallas Asian-American Bar Association). Advisory Directors: Patsy Yung Micale (President- Elect, Dallas Asian-American Bar Association), Dena DeNooyer Stroh (President-Elect, Dallas Association of Young Lawyers), Christie Villarreal (President- Elect, Dallas Hispanic Bar Association), and Victor Vital (President-Elect, J.L. Turner Legal Association). Delegates, American Bar Association: Kim J. Askew, Hon. Douglas S. Lang Directors, State Bar of Texas: Talmage Boston, Beverly Bell Godbey, Timothy W. Mountz, Robert R. Roby, Mark K. Sales, Travis Vanderpool (Past Chair) HEADNOTES Executive Director/Executive Editor: Catharine M. Maher Communications / Media Director & Headnotes Editor: Darlene Hutchinson Biehl Calendar/News: Kathryn Tarangioli Art Director: Laura Heymann Graphic Designer: Jesi Wood Advertising: Karla Howes PUBLICATIONS COMMITTEE Co-Chairs: Gregory W. Sampson, Anne Pohli Vice-Chairs: Timothy Ackermann, Suzanne Westerheim Members: Joe Acosta, Vincent Allen, Heather Barbieri, Lisa Blackburn, Scott Cheskiewicz, Paul Clevenger, Lea N. Clinton, Christina Melton Crain, Linda Dedman, Rich Glass, Thomas Hoffman, Mary Louise Hopson, Susan Kravik, Thomas L. Mighell, Edith Miller, Hon. Jim Moseley, Susan Nassar, Heather Bailey New, Rinky Parwani, Kirk L. Pittard, Irina B. Plumlee, Cathy Gribble Ries, Christopher A. Robison, Bryon L. Romine, Michelle Ross, Kathy Roux, Barry Sorrels, Paul K. Stafford, Scott B. Stahl, Frank E. Stevenson II, Scott P. Stolley, Holland A. Sullivan, Sherry Talton, Debra K. Thomas, Ike Vanden Eykel, Carla J. Vogel, Jenna Wright and Paul F. Wright. DBA & DBF STAFF Executive Director: Catharine M. Maher Accounting Assistant: Shawna Bush Communications / Media Director: Darlene Hutchinson Biehl Controller: Sherri Evans Director of Community Services: Alicia Hernandez Events Coordinator: Rhonda Sexton Assistant to the Executive Director: Brandi Thayer Law-Related Education & Programs Coordinator: Amy E. Smith Membership Coordinator: Kay von Westernhagen Projects & Communications Assistant: Kathryn Tarangioli Publications Assistant: Judi Smalling Receptionist/Staff Assistant: Teddi Rivas LAWYER REFERRAL SERVICE: LRS Program Assistant: Biridiana Avina Interviewer: Marcela Mejia VOLUNTEER ATTORNEY PROGRAM Director: Alicia Hernandez Managing Attorney: Michelle Alden Volunteer Recruiter: Chris Reed-Brown Paralegals: Whitney Breheny, Lakeshia McMillan, Andrew Musquiz, Jigna Gasal, Tina Weaver. Data Entry/Office Support: Danny Parker Dallas Bar Foundation Executive Director: Elizabeth Philipp Copyright Dallas Bar Association. All rights reserved. No reproduction of any portion of this publication is allowed without written permission from publisher. Headnotes serves the membership of the DBA and, as such, editorial submissions from members are wel-come. The Executive Editor, Editor, and Publications Committee reserve the right to select editorial content to be published. Please submit article text via to (Communications Director) at least 45 days in advance of publication. Feature articles should be no longer than 750 words. DISCLAIMER: All legal content appearing in Headnotes is for informational and educational purposes and is not intended as legal advice. Opinions expressed in articles are not necessarily those of the Dallas Bar Association. All advertising shall be placed in Dallas Bar Association Headnotes at the Dallas Bar Association s sole discretion. Headnotes (ISSN ) is published monthly by the Dallas Bar Association, 2101 Ross Ave., Dallas, TX Non-member subscription rate is $30 per year. Single copy price is $2.50, including handling. Periodicals postage paid at Dallas, Texas POSTMASTER: Send address changes to Headnotes, 2101 Ross Ave., Dallas, TX

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