Bulletin. July/August 2014

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1 Bulletin July/August 2014

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3 P resident s page I know it s still several months yet until Thanksgiving and this should probably be my July 4th inaugural address, but it s going to be a little bit heavy on Thanksgiving. For the last 33 years, i have been able to practice here in Tarrant County, Texas. We all share stories with friends about what a by Mike Henry great advantage it is to practice law here in Tarrant County, and it s true. From the museums to the Cowboys and the Rangers, the great places to eat, our zoo, and Big Twelve Football, the county we call home is spectacular. it s not that our state isn t covered with other fantastic venues and towns, but i ll take Tarrant County any day. For those of you who don t know me, i want to tell you a little about myself. i was lucky enough to receive a job offer from Shannon Gracey in 1981, which gave me the great opportunity to work with Kleber Miller, David Keltner, John Jose, Bill Bowers, and Frank Cain. They were wonderful mentors who not only taught me how to do things, but taught me how to do them right. These great men practiced by the lawyers Creed long before it became a published guideline. Back then, subrogation cases and workers compensation cases were available for young associates to hone their skills trying jury and bench cases. This was a wonderful opportunity to learn trial work and learn how to talk to a jury without an incredible risk to the client. These were great times that offered great opportunities for a young lawyer learning his trade. i was later able to practice law for almost 30 years with John Jose, Rickey Brantley, Scotty Maclean, and Anna Alvarado. Scotty and Anna were latecomers to the partnership, and Hal Sewell and David Keltner were also parners along this three-decade trip. Although these folks were my peers in age, i learned a lot from all of them. They are good people and good lawyers. it was a privilege having practiced with them and they remain close friends. now, i have the incredible privilege of practicing law with my two sons, which i am thankful for. And i would be remiss if i didn t also thank my legal assistant of 28 years, nancy Conlon, from whom i have also learned a great deal about the practice of law. i ve learned about the Tarrant County Bar Association by serving among so much talent that it feels like i have been an attendee at an all-star game. i have served as an officer or director with Presidents Tim Truman, Terry Gardner, Judge David evans, Brad Parker, Robert Aldrich, John Allen Chalk, Ben Barlow, and Ann Diamond (Tim, Terry, and Judge evans and i served back in the 90s, before i took a 20-year sabbatical from service on the Board of Directors). if you can t learn how to be, at least, a passable president by serving with that much talent, it s your own fault! i ve also had the privilege of attending two bar leadership functions, one on the state level and one on the national level. The first thing that literally leaps out at you at these meetings is how respected and admired the Tarrant County Bar Association is. it appears that Trisha Graham and all the other TCBA attendees biggest job was to help the other associations learn about all the programs in our organization that are running like a well-oiled machine. Almost everyone wants to know about our Brown Bag Seminars, the Tarrant County Volunteer Attorney Services, or the Texas lawyers for Texas Veterans programs. One of the nice things about being so good at what we do is how much we get to help others to do good things. The other characteristic our association is known and admired for from around the state is our very active and diverse Areas of Practice sections that are as well run, varied, and active as any in the united States. There is no area of practice that our Bar Association does not offer section activities for. This gives the membership the chance to have more focused activities based on interest and practice area. it is something that we should all take advantage of more. i hope i don t sound like Hypocrites by stating that my first goal during my presidency is going to be to do no harm don t fix what s not broken! My second goal will be to improve and provide assistance in making our excellent programs even better. These may sound modest in nature, but hopefully, by this time next year, the improvements will be visible and something that the entire association can be proud of. And on the topic of improvements, just before writing my inaugural President s Page column, i found out that Ann s series of President s Pages won the Award of Merit for Best Overall newsletter and Best Series of Articles - Features/General interest - from the State Bar s Texas Stars competition. Congratulations, Ann, and thanks for setting the bar a little higher. in closing, thank you for the opportunity to serve. i make a solemn commitment to you that your trust in mewill not be wasted. Here s hoping i will see all of you soon! Mike July/August 2014 TCBA Bulletin 1

4 C ontents Features Membership Luncheon expand its commitments to justice, Your sponsorship will include a tee box sign, recognition in promotional important community service projects. TCYLA/TCBA 2014 Charity materials, recognition Golf at the awards Tournament These projects include crucial legal Bench Bar Conference XXI Pro Bono Volunteers Receive State Awards Departments 1 President s Page 5 YLA Snapshot 6 Transition to Practice 7 LegalLine 13 The IP Domain 14 Snippets - Civil and Criminal 11 LegalLine 16 Texas Lawyers for Texas Veterans - Tarrant County Chapter 21 It s All Happening a the Bar - Law Day TVAS Continues Success with Estate Planning Event 24 Lawyer Referral and Information Service News 25 Lawyers on the Move & In the News In every issue 15 New Members 17 Calendar of Events 25 Classified Advertising 25 Advertisers Index 2 July/August :00 PM Shotgun Start $125 per Golfer 4 Person Team Scramble. Register as a team or individually. Winning Team, Closest to the Pin, and Longest Drive SPONSORSHIPS All sponsorship funds will benefit the of the public about their rights and Sponsorships are Tax Deductible and Tarrant County Bar Foundation, which responsibilities under the law. available for $400 was established in 1997 to support and For more information please contact service, and professionalism by funding 6600 Mira Vista Blvd, ceremony and tournament, and Fort Worth, TX services to needy citizens and education 10% off 1 team entry. Entry Form Players: Please submit the entry form with your check made payable Golfers: x $125 = $ to TCYLA to 1315 Calhoun Street, Fort Worth, TX Apply Sponsor Discount (10%) $ [ ] You may also fax your form to or it to Contact Rob Henry Separate $400 Check to TCBF Enclosed at for further questions. Total Amount Paid $ Transforming Legal Education with Dean Morriss 4 8 About the Cover The new TCBA Board of Directors is (from back, left) Director Steven K. Hayes, Director Ryan E. Scharar, Director John Cayce, Director Lance Evans, Immediate Past President Ann Diamond, Director Karmen Johnson, Director Nick Bettinger, (from left, front) Director Leslie Barrows, Director Connie Hall, President Elect David Keltner, President Michael Henry, Vice President Robert West, Secretary/Treasurer Dabney Bassel. (Not pictured: Vincent Circelli and Claudine Jackson) Tarrant County Bar Association Fax website: Officers President... Michael J. Henry President-Elect...David E. Keltner Vice President...Robert G. West Secretary-Treasurer...Dabney D. Bassel Elected Directors Nick Bettinger Steven K. Hayes Claudine Jackson Elected Directors Leslie Barrows John Cayce Lance Evans Appointed Directors Connie Hall Karmen Johnson Immediate Past President Ann Diamond Fort Worth-Tarrant County Young Lawyers Association Vincent Circelli, President (Spring 2014) Ryan Scharar, President (Fall 2014) Executive Director Patricia Graham, PLS, CLAS Ex-Officio Members State Bar of Texas Directors Robert E. Aldrich, Jr. J. Benjamin Barlow ABA Delegate Janna W. Clarke Bar Bulletin John F. Murphy, Editor H. Dennis Kelly, Assistant Editor Ameera Hallaq, Staff Editor Graphics/Production Park Place Enterprises, Inc The Tarrant County Bar Bulletin is a monthly publication of the Tarrant County Bar Association. Articles, photos, events for the calendar, suggestions, or comments should be directed to: 1315 Calhoun Street Fort Worth, Texas Deadline for submission is the 1st day of the month, one month prior the date of the issue (e.g. April 1 for the May issue). Items for publication may be ed to in Word format. Articles published in the Bar Bulletin do not necessarily reflect the opinions of the Tarrant County Bar Association, its officers, or the Board of Directors. Calendar listings, classifieds, advertisements, and feature articles should not be considered an endorsement of any service, product, program, seminar or event.

5 Membership Luncheon to be Held July 8, 2014 Trey Apffel the Membership luncheon will be held Tuesday, July 8, at the Fort Worth Club. The guest speaker will be the new President of the State Bar of Texas, Trey Apffel. Mr. Apffel was installed as President for the bar year at the State Bar of Texas Annual Meeting on June 27. Trey Apffel is the owner and principal of the Apffel law Firm in league City, where he focuses on personal injury litigation, toxic torts, and medical malpractice. His practice also includes family law. He has practiced in Galveston County for more than 30 years. Mr. Apffel has served on the board of directors of the State Bar of Texas, as a member of the executive Committee, and chaired the legislative Policy Committee. He is a former member of the Commission for lawyer Discipline, a member of the College of the State Bar of Texas, and a Texas Bar Foundation life Fellow, and he served on the Texas Bar Foundation Board of Trustees. Mr. Apffel is a member of the Galveston County Bar Association and served as president in He is an associate of the American Board of Trial Advocates and a director of the Texas Trial lawyers Association. Mr. Apffel received a B.B.A. from Baylor university and a J.D. from Baylor law School. He is certified in personal injury trial law and civil trial law by the Texas Board of legal Specialization. He and his wife, Karen, have three children, Sarah, Kate, and Ross. Mr. Apffel s topic will be State of the State Bar, after which the new Tarrant County Bar Association Board of Directors will be introduced and officially inaugurated. This year s luncheon, co-hosted by the Tarrant County Bar Association & the Fort Worth-Tarrant County Young lawyers Association will be held on the 12 th floor of the Fort Worth Club at 11:45 a.m. The Fort Worth Club is located at 306 West 7 th Street. lunch will be $23 for members with advanced reservations and guests and walk-ins will be $25. Dress is business casual suits and ties not required. Parking is limited at the Fort Worth Club parking garage, so please plan for this. To make your reservations, please contact Sherry at or or go to the calendar section of our website at For directions and contact information, please visit the Fort Worth Club website at this Wall of Honor is Reserved for the Members of the 100 Club To be eligible for the 100 Club, any law firm, government agency, law school, or corporate legal department that has four or more attorneys and attains 100% TCBA membership compliance for the bar year qualifies for The 100 Club! The firms/organizations listed (at right) have already paid their membership dues and qualify for 100 Club membership for the new bar year. Any firm/ organization that qualifies in the future will have its name published in every issue of the Bar Bulletin for this bar year. TCBA is proud of the participation of these law firms and other groups! The new bar year began July 1, so if you missed your renewal invoice in your , contact Membership Director Cindy Rankin at or her at Bakutis McCully & Sawyer PC Barlow Garsek & Simon, LLP the Berenson Firm P.C. Brown, dean, Wiseman, Proctor, Hart & Howell, LLP Gardner Aldrich, LLP Moses, Palmer & Howell, L.L.P Murphy Mahon Keffler Farrier, LLP Watson Caraway Midkiff & Luningham L.L.P. Whitley Penn, LLP July/August 2014 TCBA Bulletin 3

6 1:00 PM Shotgun Start $125 per Golfer 4 Person Team Scramble. Register as a team or individually. Winning Team, Closest to the Pin, and Longest Drive SPONSORSHIPS Sponsorships are Tax Deductible and available for $400 Your sponsorship will include a tee box sign, recognition in promotional materials, recognition at the awards ceremony and tournament, and 10% off 1 team entry. Players: 1. All sponsorship funds will benefit the Tarrant County Bar Foundation, which was established in 1997 to support and expand its commitments to justice, service, and professionalism by funding important community service projects. These projects include crucial legal services to needy citizens and education Entry Form of the public about their rights and responsibilities under the law. For more information please contact 6600 Mira Vista Blvd, Fort Worth, TX Please submit the entry form with your check made payable to TCYLA to 1315 Calhoun Street, Fort Worth, TX You may also fax your form to or it to Contact Rob Henry at for further questions. 4 July/August 2014 Golfers: x $125 = $ Apply Sponsor Discount (10%) $ [ ] Separate $400 Check to TCBF Enclosed Total Amount Paid $

7 YLA Snapshot Vinny Circelli President, FW-TCYLA TCYLA Members enjoying Happy Hour at Live Oak. A few members of the Running Objections in action. As Tarrant County melts into the summer months, it s refreshing to look back at all the great accomplishments TCYlA has already made this first half of 2014: Buzz for a Cause: in June, TCYlA enjoyed our first ever Buzz for a Cause event at the little Red Wasp. We had a great turnout of participants and celebrity judges. All proceeds from the evening went to benefit the Child Study Center, which provides diagnosis and treatment services to children who have, or are at risk for, developmental disabilities and autism. TCYlA thanks the celebrity judges and all who attended to make the event a success for such a worthy cause. Award Winner Julie Sherman: Congratulations to Julie Sherman, the winner of TCYlA s 2014 liberty Bell. She was also the state-wide winner of the award presented by the Texas Young lawyers Association. The liberty Bell recognizes an outstanding non-lawyer who has made a selfless contribution to the community by strengthening the effectiveness of the American system of justice and by instilling a better understanding and appreciation of the law. Julie is a paralegal at Cantey & Hanger, llp, and has worked tirelessly with Tarrant County Volunteer Attorney Services, legal Aid of northwest Texas, and others to ensure greater access to justice. Julie defeated numerous nominees from around Texas to win this prestigious award. Trial Run: TCYlA s running group, The Running Objections, participated in the first ever Trial Run 5k, a state-wide event put on by the Texas Young lawyers Association. laura Docker, Justin Huston and Patrick Rose led the Running Objections and made the Tarrant County running community proud. Thanks to all who joined in on the run. if you re interested in joining the Running Objections, please contact Patrick Rose at Spring Fiesta: TCYlA had another outstanding Spring Fiesta. Special thanks to TCYlA Board members Martin Garcia, Susan Smith, and Tennessee Walker for organizing and putting on the event. UPCoMInG events: Spring Fiesta 2014 trivia night. TCYLA is going to roll out our first ever Trivia Night on August 21. Stay tuned for the location, but the trivia night will let you match wits against fellow young-lawyer trivia teams. All proceeds from the event will go to a scholarship fund for local law students. tcyla/tcba Golf tournament. We re very excited to be joining TCBA for the 2014 Charity Golf Tournament, benefiting the Tarrant County Bar Foundation. The Tournament will be held September 29, 2014, at Mira Vista Country Club. Get your teams together now, and don t miss the chance to play this awesome course! If you d like to sponsor a hole ($400) or sign up to play ($125/player), please see opposite page for registration form.please contact Rob Henry at henrytexlaw with any questions. Hole sponsors will also receive a discount on team entry fees. If you are interested in joining TCYLA and participating in any of our great events, please feel free to contact me at Thanks again to all our members and see you at the next event! July/August 2014 TCBA Bulletin 5

8 transition to Practice Transition to Practice membership renewals have been sent! Check your mailbox or inbox for invoices. Some renewals have been sent to firm administrators, so please check before submitting payment. There will be no increase in the TTP dues this year what a bargain! This is a great opportunity to join or re-join and get involved. YOu, the members, make the TCBA what it is! Please contact Cindy at or with any questions. Stay Connected to Us 6 July/August 2014

9 Transforming LEGAL EDUCATION WITH DEAN ANDREW P. MORRISS ANTHONY G. BUZBEE DEAN S ENDOWED CHAIRHOLDER Holds a Ph.D. in economics from Massachusetts Institute of Technology in addition to his J.D. earned at The University of Texas at Austin Recently recognized by Brian Leiter as a prolific and well-known scholar on his list of Top Ten Lateral Moves for Formally the D. Paul Jones, Jr. & Charlene A. Jones Chairholder of Law at the University of Alabama School of Law Chair of the editorial board for the Cayman Financial Review Scholarship focuses on regulatory issues involving environmental, energy, and offshore financial centers SAVE THE DATE JULY 17, 2014 BELO MANSION DALLAS, TX SEPTEMBER 25, 2014 ASHTON DEPOT FORT WORTH, TX *Subject to change COMMUNITY RECEPTIONS INTRODUCING DEAN ANDY MORRISS RSVP TO STAND AND BE RECOGNIZED. TCBA ad.indd 1 6/11/14 10:48 AM We really need You! LegalLine participants May 8 Norma Bazán Joe Colvin David Olivas May 22 Joe Colvin Sylvia Duarte George Lockwood David Olivas Scott Phillips April 10 Norma Bazán Sylvia Duarte George Lockwood Scott Phillips Vicki Wiley April 24 Norma Bazán Joe Colvin Sylvia Duarte Bryce King George Lockwood David Olivas Scott Phillips James Saint Bring a friend Free pizza for all volunteers! 6 p.m. to 8 p.m. the 2nd & 4th thursday of every month Volunteer your time and skill to a valuable community service outreach program. To participate, call Carolina at or July/August 2014 TCBA Bulletin 7

10 Bench Bar Conference XXI Thanks to our Sponsors Kelly Hart & Hallman LLP Whitaker Chalk Swindle & Schwartz, PLLC Law Office of Steven C. Laird Thompson & Knight, LLP Brackett & Ellis, PC Gardner Aldrich, LLP Harris, Finley & Bogle PC Lively & Associates, LLP Shannon, Gracey, Ratliff & Miller, LLP State Bar of Texas Bush Rudnicki Shelton, PC Barlow Garsek & Simon, LLP LexisNexis Winstead PC McDonald Sanders, PC Haynes and Boone, LLP Koons Fuller Family Law Parker Law Firm, PC Pope, Hardwicke, Christie, Schell, Kelly & Ray, LLP Law Office of Greg Lehrmann Friedman, Suder & Cooke Bearden Investigative Agency, Inc. Decker Jones McMackin McClane Hall, & Bates, PC On Thursday, April 24, a few of us headed south for Bench Bar XXI with great weather and beautiful scenic drive to the La Torretta Lake Resort & Spa on Lake Conroe. After the items were made ready for the conference, we enjoyed the resort and its amenities. Registration opened at 9:30 a.m. and the CLE program kick-offed with Roland Johnson and panel members Associate Judge Cynthia Mendoza, Judge Mike Sinha, Michael Schneider, and Joseph Soto, speaking on Transition to Practice. After lunch, Bree Buchanan, Texas Lawyers Assistance Program, discussed ways to avoid burnout and find more enjoyment in our profession ending with a song, Happy by Pharrel. She was followed by Brian Schaeffer, Director of Immigration and Legal Services with YMCA International, who educated us on human trafficking and its devastating impact on victims and society. The afternoon CLE finished up with a topic that is important to us all, water projects and issues that affect Tarrant County and North Texas, presented by Bech Bruun with the Texas Water Development Board. The golf fun began with Nick Bettinger organizing the two-person teams for the 9-hole scramble. According to a trusted source, David Seidler, never one to argue with a judge, followed Judge Robb Catalano s advice and played best ball rather than a scramble like everyone else in the Friday tournament. Judge Don Pierson and Blake Hedgecock won First Place. Judge Jerry Hennigan and Judge Mike Sinha secured Second Place in the Friday scramble. Lawyer Olympics were led by the outstanding and en- 8 July/August 2014

11 thusiastic duo of Janet Denton and Jacquelyn Flynt. The fun started by the lake with 24 participants getting to know each other by introducing themselves to the group and announcing their nicknames and the reasons for the nicknames. Janet managed to deliver instructions and explain the rules of the contest as the teams took off on a race to complete a photo scavenger hunt that required each team to take photos in certain places and with certain items. The Flying Pigs won 1st Place with team members Megan Coollio Cooley, Kenneth Sarge Newell, Fritz Fritzie Quast, Susan Suze Smith, Angel Halo Williams and Richard Richyssooise Wiseman. The Dirty Dogs team members: Lateph Prince Adeniji, Sonya Perky Carillo, Don Loophole Hase, Jake Striker Ramsey, Lyndsay News Newell, and Mary Anonymous Smith took 2nd Place. The Silly Monkeys came in 3rd Place with team members: Kirk Captain Bryant, Ann The Pres Diamond, Jennifer J-Dill Dillon, Cynthia Centrifica Gustafson, Julie Newbie Sladek, and Bob Skipper West. The coveted Dead Ass Last award went to the Cocky Roosters, consisting of Sonya Perky Carillo, Kimberly Lil Kim Fitzpatrick, Lisa LiLea Leaton, Karen Nerek Schroeder, and Jeff Weffie Williams. The highlight of the evening was the casino party sponsored by Steve Laird in the beautiful Versailles Ballroom overlooking the lake. There were plenty of winners at the craps and blackjack tables. At the end of the evening, we had great gift baskets for the prize drawings thanks to Patricia Cole and Lyndsay Newell. July/August 2014 TCBA Bulletin 9

12 Saturday morning started off bright and early with Keith Branyon discussing the new Estates Code. Our CLE program continued with David J. Drez and Jeff King presenting the perspectives of plaintiffs and defendants in oiland-gas-royalty litigation. Steve Laird educated us on what we need to know about 18-wheeler collisions to be safer on the highways. Judges Brent Carr, Robb Catalano, and Louis Sturns introduced us to Tarrant County Specialty Courts and Programs. The shotgun topics were DOMA presented by Sonya Carillo, Barbara Nunneley, and Laurie Robinson, and John Allen Chalk s excellent presentation of The Lawyer s Creed. Jacquelyn Flynt kindly kept us on schedule with a very concise discussion of the importance of building trust for better negotiation outcomes. With the completion of CLE, it was a race to the golf course to start the Bench Bar Judges Cup tournament. The Judges Cup Tournament 1st Place winners were Judges Jerry Hennigan, Cynthia Mendoza, Jesse Nevarez, and Mike Sinha literally a Judges Cup! The 2nd Place trophies went to Nick Bettinger, Judge Fred Davis, Donald Kaczkowski, and Mike Wurtz. Stephen Cheak, Rick Disney, Brian Esenwein, and Judge Don Pierson took 3rd Place. Stephen Cheak took the award for the longest drive, and Judge Lin Morrisett received the Closest to the Pin Award. As a side note, not realizing that the Denton County Bar Association was also having a golf tournament, Wade McMullen mistakenly put his name on the sheet for the Denton Women s Long Drive competition. He won! Go figure The Grape Escape Bus Tour took off with 31 fun-lovers headed for Pleasant Hill Winery in Brenham for a tour of the vineyard and bottling room. During the drive, Janet Denton held a version of the Kentucky Derby with winners receiving tickets for the prize draws on the return trip. Shannon Pritchard arranged a wine tasting on the bus. Saturday night s dinner and awards presentation was another enjoyable event. Roland Johnson received the Jim Barlow Big Heart Award for his outstanding example of the spirit of Bench Bar. There were great door prizes and awards presented for the Judges Cup and Lawyer Olympics. Fritz Quast administered the Oath to our 22 first-timers! It was on to the beach for a campfire, music (thanks to Jeff Sanford), and socializing. The Denton Bar Association had a beach party just down the beach from ours, but we had lights thanks to Joe Graham and the tiki torches. Then it was back to the hospitality suite for more great music thanks to our Bench Bar musicians. Bench Bar would not have been such a success without the exceptional effort and dedication of our Finance Chair, Greg Lehrmann, and our generous sponsors. We are very grateful to Greg for his hard work and dedication to the Tarrant County Bar Bench Bar Conference. Our sponsors are greatly appreciated. It was a wonderful conference thanks to their support! Countless hours were spent during the last year working out the plans for this conference. It is with great appreciation of those efforts by Trisha and Joe Graham, Sherry Jones, and Diane Cayce that I extend a special Thank You to each of them and to the entire committee, consisting of Nick Bettinger, Kirk Bryant, Patricia Cole, Janet Denton, Ann Diamond, Jacquelyn Flynt, Justice Lee Gabriel, Nancy Gordon, Kyle Gray, Cynthia Gustafson, Karmen Johnson, Lisa Leaton, John Lively, Jr., Lyndsay Newell, Shannon Pritchard, Fritz Quast, Joe Regan, John Shaw, Bob West, and Roger Wood, whose efforts made Bench Bar XXI outstanding. Once again, Jeff Sanford created our conference app, designed the Bench Bar website, and made sure our sound system worked for our CLE and for our entertainment at the beach party and hospitality suite. Thank you, Jeff, for all your efforts! Fritz Quast will be the Bench Bar Chair for 2015, and I am confident that Bench Bar XXII will be an equally exceptional conference that you won t want to miss. SAVE THE DATE April 24-26, 2015 at the La Torretta Lake Resort & Spa! 10 July/August 2014

13 Pro Bono Volunteers Receive State Awards the Tarrant County Bar Foundation congratulates Shauna Wright and Julie Sherman for their recent statewide recognition and accolades from the State Bar of Texas and Texas Young lawyers Association. Both ladies have been very active in the local Pro Bono Programs. Shauna Wright, a Partner at Kelly Hart & Hallman llp, has been selected as the recipient of the 2014 Pro Bono Coordinator Award from the State Bar of Texas. The Pro Bono Coordinator Award is presented to an individual who has made an exceptional contribution to the delivery of, and access to legal services for the poor, while serving as the pro bono coordinator for a volunteer attorney group organization or group, local bar association, law firm, law school, corporate legal office, governmental law department or legal services organization. Shauna was the inaugural co-chair of Tarrant County Volunteer Attorney Services ( TVAS ), a program of the Tarrant County Bar Foundation. As TVAS co-chair, Shauna Wright coordinated family and estate planning pro bono clinics where low income individuals received pro bono services from Tarrant County attorneys. in addition, Shauna remains active in Texas lawyers for Texas Veterans Tarrant County Chapter ( TlTV ). Julie Sherman, a paralegal at Cantey Hanger llp, recently received the 2014 liberty Bell Award from the Texas Young lawyers Association ( TYlA ). The liberty Bell Award is presented to an outstanding non-lawyer who has made the most selfless contribution to his or her community that strengthens the effectiveness of the American system of justice. in January, Sherman was named Volunteer Paralegal of the Year by the Tarrant County Bar Foundation for her work with the Tarrant County Volunteer Attorney Services Pro Bono Program and received the local liberty Bell Award from the Tarrant County Young lawyers Association. She previously won the 2013 State Bar of Texas exceptional Pro Bono Service Award Paralegal Division. in addition to her volunteer involvement, Julie is active in the Fort Worth Paralegal Association and has served in several leadership roles for the organization, including President in Flying solo. I am happy to announce my return to solo practice, proudly representing serious personal injury and wrongful death victims and their families. Greg Jackson Personal Injury Trial Law / Fax Main Street / Suite 600 / Fort Worth, Texas July/August 2014 TCBA Bulletin 11

14 12 July/August 2014

15 the IP DoMAIn: texas Joins Brewing Battle over Alamo Copyright By Dustin Johnson and Vinny Circelli the State of Texas wants to join the fray in a suit between two Texas breweries. in the underlying suit, Alamo Beer Company sued rival Texian Brewing Company in the u.s. District Court for the Western District of Texas (San Antonio Division), alleging trademark infringement and unfair competition and seeking to cancel Texian s trademark registration. The mark in question is the famed silhouette of the Alamo Mission, which Alamo Beer asserts it has been using under a registered mark since Alamo Beer alleges that Texian began unfairly marketing the trademarked Alamo silhouette in 2011 or A comparison of the brands, taken from Alamo s Petition is below: Alamo Beer alleged the battle of the brands reached its tipping point at the 2013 Texas Craft Brewers Festival. At the Festival, Alamo Beer claims, individuals within the craft beer industry were confused by the source of [Texian s] beer because of the use of the Alamo outline/silhouette. When negotiations between the competing craft brewers broke down, Alamo Beer filed suit. it wasn t long before news of the battle of the Alamo silhouette reached Austin, and the State of Texas filed a Motion to intervene. The State argued neither Alamo Beer nor Texian owns any interest in the Alamo Silhouette trademark; the mark belongs to the State of Texas. The State asserted that it not only owns the historical Alamo site and Mission, but it is also the true owner of trademarks and service marks that consist of or include the word AlAMO and/or the distinctive roofline design of the Alamo Mission. The State noted that in addition to its statutory rights flowing from such registrations, The State of Texas also has developed extensive common law rights in these and other marks that include the word AlAMO and the representation of the Alamo Mission. The State concluded that it should be allowed to intervene given its rights in property at issue in this action, namely marks depicting The Alamo Mission and/or The Alamo Roofline design. The Magistrate Judge in the case sided with the State and recommended that that the District Court grant the State s Motion to intervene. Alamo Beer filed an Objection to the Magistrate s Report and Recommendation, arguing the State lacks the requisite direct, substantial, and legally protectable interest in the Alamo Vinny Circelli is an associate in the Fort Worth, tx office of the law firm of Haynes and Boone, LLP. He may be reached at vincent. ( ). dustin Johnson is a partner in the Fort Worth and Richardson, tx offices of the law firm of Haynes and Boone, LLP. He may be reached at dustin. com ( ). outline simply because it owns the physical Alamo Mission. Alamo Beer noted that while the State owns trademark registrations in souvenir shop items, the State failed to allege any connection to beer or any similar goods/services at issue in Alamo Beer s suit against Texian. Alamo Beer criticized the Magistrate Judge s apparent decision to correlate the physical Alamo building with trademark rights, which Alamo Beer argued was not a correct application of trademark law. Alamo summarized that [s]imply put the State does not offer any goods or services related to beer which means it has no trademark interest in the underlying suit, (citing United Drug Co. v. Theodore Rectanus Co., 248 u.s. 90, 97 (1918) ( There is no such thing as property in a trademark except as a right appurtenant to an established business or trade in connection with which the mark is employed. ) Alamo Beer concluded by arguing [i]f the State s intervention is granted, it will merely complicate the present lawsuit and require adjudication of numerous issues unrelated to likelihood of confusion alleged by Alamo Beer against Texian. The Alamo silhouette carries with it significant meaning for Texans and students of its history. This immediate positive association has not been lost on commercial marketers, and everything from rental-car lots, to tortilla-chip producers, to movie-theater chains now feature the distinctive Alamo Mission roofline. The outcome of this case may have far-reaching effects well beyond the craft-brewing industry. July/August 2014 TCBA Bulletin 13

16 Snippets Civil and Criminal by Justice Bob McCoy 2nd Court Of Appeals Who s that Street named After? everman Parkway John W. everman was an engineer with the Great northern Railroad Company. The city of everman was named after him. From Who was Hulen? An attempt by Werner Magnus to find the origins of Street names in Fort Worth. Who s The Justice? Richard lee Brown served as Justice from 1981 to Justice Brown was born in Fort Worth in 1925 and is the son of former Justice Marvin H. Brown, Sr. He attended Rice university, received his ll.b. from the university of Texas in 1949, and earned an ll.m. from George Washington university in From 1949 to 1950, he served as an Assistant District Attorney in Tarrant County. From 1950 to 1952, he served as a 1st lieutenant Judge Advocate, u.s. Army in the Pentagon and was Special Attorney in the Office of Chief Counsel, internal Revenue Service from 1953 to Justice Brown was engaged in private practice in Fort Worth from 1956 to 1981, when he was appointed to a newly-created seat on the Second Court of Appeals. He returned to private practice in 1983 and was named Chief of the Civil Division of the Tarrant County District Attorney s office in Ask Judge Bob Judge Bob, do prosecutors have derived judicial immunity? Yes, as long as it is for actions intimately associated with the judicial phase of the criminal process. Charleston v. Allen, 420 S.W.3d 134, (Tex. App. Texarkana 2012, no pet.). Ask the Danes Ramses and Moses, are there any protections for a veterinarian who suspects that animal cruelty has occurred to one of his patients? Yes, if an animal cruelty report is made in good faith to the appropriate governmental entity and in the normal course of business, the vetenarian is immune from civil or criminal liability for the report. Tex. Occ. Code. Ann (West 2012). Moses Ramses 14 July/August 2014 the Danes Quote of the Month if you want a friend in Washington, get a dog. Harry S. Truman Civil Items of Interest 1. eight Corners Rule Texas courts follow the eight corners rule in determining an insurer s duty to defend. under that rule, courts look to the facts alleged within the four corners of the pleadings, measure them against the language within the four corners of the insurance policy, and determine if the facts alleged present a matter that could potentially be covered by the insurance policy. Ewing Const. Co., Inc. v. Amerisure Ins. Co., 420 S.W.3d 30, 33 (Tex. 2014) (internal citations omitted). 2. Civil Conspiracy The Texas Supreme Court has spoken about the elements of a civil conspiracy claim on a number of occasions.... 1) a combination of two or more persons; 2) an object to be accomplished (an unlawful purpose or a lawful purpose by unlawful means); 3) a meeting of minds on the object or course of action; 4) one or more unlawful, overt acts; and 5) damages as the proximate result. P. McGregor Enters., Inc. v. Hicks Constr. Grp., LLC, 420 S.W.3d 45, 52 (Tex. App. Amarillo 2012, no pet.) (internal citations omitted). 3. Arbitration Agreements Federal courts have recognized six theories arising out of common principles of contract and agency law that may bind non-signatories to arbitration agreements: (1) incorporation by reference; (2) assumption; (3) agency; (4) alter ego; (5) equitable estoppel, and (6) third-party beneficiary. Inland Sea, Inc. v. Castro, 420 S.W.3d 55, 58 (Tex. App. el Paso 2012, pet. denied). 4. Undue Influence not every influence exerted on a person is undue. id. in fact, an influence is not undue unless it destroys the free agency of the testatrix and the will produced expresses the wishes of the one exerting the influence. In re Estate of Sidransky, 420 S.W.3d 90, 95 (Tex. App. el Paso 2012, pet. denied)(internal citations omitted). 5. express easement Basic principles of contract construction govern the terms of an express easement. An easement should be interpreted to give effect to the intentions of the parties as ascertained from the language used in the instrument, or the circumstances surrounding the creation of the servitude, and to carry out the purpose for which it was created.

17 Greenwood v. Lee, 420 S.W.3d 106, 111 (Tex. App. Amarillo 2012, pet. denied)(internal citations omitted). 6. Private Dedication The owner s acts and declarations should clearly and unmistakably show the owner s intent to dedicate the land absolutely and irrevocably to the public s use. There can be no private dedication of property to a public use. Mitchell v. Ballard, 420 S.W.3d 122, 132 (Tex. App. Texarkana 2012, no pet)(internal citations omitted). Criminal Items of Interest 1. Investigative Stop An investigative stop that is reasonable at its inception may violate the Fourth Amendment because of excessive intensity or scope. Young v. State, 420 S.W.3d 139, 142 (Tex. App. Texarkana 2012, no pet.). 2. other Crimes, Wrongs or Acts The Rule 404(b) list of permissible uses of other crimes, wrongs or acts evidence is not exhaustive. The evidence may be used to rebut a defense....the defendant may open the door to evidence. And a witness may be cross-examined about an extraneous offense if the extraneous offense would tend to correct the false impression left by the witness direct examination testimony. Dana v. State, 420 S.W.3d 158, 166 (Tex. App. Beaumont 2012, pet. ref d)(internal citations omitted). 3. Mental Capacity A disturbance of mental capacity resulting from the voluntary introduction of any substance into the body does not constitute a defense to the commission of a crime. Dana v. State, 420 S.W.3d 158, 166 (Tex. App. Beaumont 2012, pet. ref d). 4. False evidence A due process violation may arise not only through false evidence specifically elicited by the State, but also by the State s failure to correct testimony it knows to be false. even if the prosecutor does not know that the evidence is false, it is enough that he or she should have recognized the misleading nature of the evidence. Barnett v. State, 420 S.W.3d 188, 194 (Tex. App. Amarillo 2013, no pet.)(internal citations omitted). 5. Doctrine of Forfeiture by Wrongdoing under the doctrine of forfeiture by wrongdoing, however, a defendant may not assert a confrontation right if his deliberate wrongdoing resulted in the unavailability of the declarant as a witness. Tarley v. State, 420 S.W.3d 204, 206 (Tex. App. Houston [1st Dist.] 2013, no pet.). 6. Aggravated Assault [e]ither misdemeanor or felony assault can be the primary crime for aggravated assault. Fantich v. State, 420 S.W.3d 287, 290 (Tex. App. Tyler 2013, no pet.). Quote of the Month The people s good is the highest law. -Cicero old news On January 22, 1850, Mclennan County was established by the Texas legislature. it was named for neil Mclennan, one of its early settlers. During the Reconstruction period, the district judge and the county commissioners of Mclennan County arrested each other. The judge charged the commissioners with contempt and the commissioners charged the judge with lunacy. eventually, cooler heads prevailed and the charges were dropped. From the Texas Judicial Cookbook. Stay Connected to Us New Members Attorneys Michael Bucek Beverlei Colston emily Cottingham louis B. Freeman, iii lacie Friday Peter lacina Yanaisdys Martinez Jessica Montoya Stephanie neal Thomas Andrew Panuthos Roshan Selod Judge M. Kent Sims Matthew Walton Students Katelyn Blackburn-Rader Associates Daniel Hale Randy Pierson Title searches throughout Texas performed by professional abstractors.fast, Friendly & Accurate July/August 2014 TCBA Bulletin 15

18 texas Lawyers for texas Veterans Tarrant County Chapter by Casey O Neill, Chairman of the Public Awareness Committee As the new Chairman of the Public Awareness Committee for TlTV, i am filling the large shoes left behind by the departure of Christopher Delisio. As an Army veteran, i fully appreciate the service and sacrifice of our military service members and their families. To that end, i look forward to working with TlTV to ensure all local veterans are aware of the program and how to get the legal advice they need. in a time when services available to veterans are frontpage news, often for negative reasons, TlTV is proud to provide high-quality pro-bono legal services for veterans and spouses of deceased veterans. unsurprisingly, the May clinic at the VA Outpatient Clinic was another success story for TlTV. TlTV partnered with attorneys from FTS international. it was a great opportunity for both sides. FTS attorneys received Cle credit when Jeff Whitfield and Megan Cooley hosted a training session at FTS s office. These attorneys then attended the May clinic, offering their expertise to local veterans. For a program that survives on volunteer efforts, TlTV could not have been happier to have such an outstanding partner. in all, we had 12 volunteers answering questions for 35 veterans. By continuing to spread the word, we look forward to increasing those numbers next month. We were also privileged to have volunteers from The Paralegal Student Association from Tarrant County College participating in the intake process. These clinics are TlTV s primary way of connecting veterans with attorneys who can fulfill their legal needs. At the clinic, volunteer attorneys will answer legal questions, providing on-the-spot advice. When appropriate, the program in partnership with legal aid can refer the veteran to a volunteer attorney to represent the veteran with their legal matter after the clinic. Some of the cases are assigned to legal Aid of northwest Texas while the majority of them are assigned to volunteer attorneys from the Tarrant County Bar Association. if you are looking for a great way to get your firm or company s legal team Cle credit, while giving back to the community, look no further than TlTV. TlTV would love to partner with you and your firm or company. There are only five 2014 legal clinics to be held on July 18, August 15, September 19, October 17 and november 21, so do not miss the opportunity to be part of this great program. if you are looking for a place to meet new people and to be of service to those in need, then contact Megan Cooley at or her at tarrantbar.org to volunteer. Casey 16 July/August 2014

19 C alendar of Events July 2014 August 2014 FRIDAY, July 4.. HOLIDAY Office Closed TueSDAY, July 8 11:45 am Membership luncheon and installation of new Board of Directors Fort Worth Club $23 for members with reservations $28 for all others THuRSDAY, July pm legalline TCBA Office FRiDAY, July pm Transition to Practice Cle Texas A&M School of law WeDneSDAY, July 16 noon Business litigation Section City Club THuRSDAY, July pm legalline TCBA Office TueSDAY, July pm last Tuesday Cle TCBA Office $80 for TCBA members $105 for non-members THuRSDAY, August 14 noon energy law Section luncheon City Club 6-8 pm legalline TCBA Office MOnDAY, August 18 noon Bankruptcy law Section luncheon Petroleum Club THuRSDAY, August 21 noon Construction law Section luncheon TCBA Office 5 pm Docket Call Social Office of Barlow, Garsek & Simon, llp TueSDAY, August pm last Tuesday Cle TCBA Office $80 for TCBA members $105 for non-members 4:20 pm Solo & Small Firms Section Mixer Office of Kent Davis, north Richland Hills WeDneSDAY, August 27 noon international & immigration Section luncheon TCBA Office THuRSDAY, August pm legalline TCBA Office August Docket Call Thursday, August 21 5PM (817) at the offices of Barlow Garsek & Simon, LLP 920 Foch Street, Fort Worth, TX Sponsored by Barlow Garsek & Simon, LLP July/August 2014 TCBA Bulletin 17

20 IS IT TIme to call in the posse? IF YOU R cl Ie n t s BEEN WRONGED, LET S SET THINGS RIGHT. A ccidents can be complicated in Texas. Choosing the right personal injury lawyers with impressive resources and a legendary track record will make the difference for your client. At Stephens, Anderson & Cummings, fighting aggressively to protect the people s rights is our badge. Call us today and let s ride to victory. Personal Injury Wrongful Death Contingent-Fee Litigation Referral Fees Honored P stephensanderson.com Jason Stephens is licensed in Texas and Oklahoma. Seth Anderson is Board-Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. John Cummings is Board-Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization and in Civil Trial Law by the National Board of Trial Advocacy. 18 July/August STEPGENL4004_Posse_TCBB_7.5x10.indd Let s Win This SM 1/15/14 5:36 PM

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