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<title>Texas Lawyer Blog</title>
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<lastBuildDate>Mon, 07 Dec 2009 02:00:00 -0600</lastBuildDate>
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<title>This Week in In-House Texas</title>
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<description>The American dream:Toni Nguyen (pictured), an assistant GC for Belo Corp., survived a harrowing childhood journey to this country. Senior reporter Mary Alice Robbins charts her extraordinary odyssey. For whom the bell tolls: The billable hour may falling from favor,...</description>
<content:encoded>&lt;p&gt;&lt;a href="http://texaslawyer.typepad.com/.a/6a00d83469361a53ef0120a709df04970b-pi" style="FLOAT: left"&gt;&lt;img alt="Nguyen_toni_" class="asset asset-image at-xid-6a00d83469361a53ef0120a709df04970b " src="http://texaslawyer.typepad.com/.a/6a00d83469361a53ef0120a709df04970b-120wi" style="MARGIN: 0px 5px 5px 0px" /&gt;&lt;/a&gt; &lt;strong&gt;The American dream:&lt;/strong&gt;Toni Nguyen (pictured), an assistant GC&amp;#0160;for Belo Corp., survived a &lt;a href="http://www.law.com/jsp/tx/PubArticleTX.jsp?id=1202436016024"&gt;harrowing childhood journey&lt;/a&gt;&amp;#0160;to this country. Senior reporter Mary Alice Robbins charts her extraordinary odyssey.&lt;/p&gt;
&lt;p&gt;&amp;#0160;&lt;strong&gt;For whom the bell tolls:&lt;/strong&gt; &lt;a href="http://www.law.com/jsp/tx/PubArticleTX.jsp?id=1202436015970"&gt;The billable hour may falling from favor&lt;/a&gt;, at least according to the GCs and chief legal officers surveyed.&lt;/p&gt;
&lt;p&gt;&lt;strong&gt;New deals:&lt;/strong&gt; Find out which lawyers have been working on &lt;a href="http://www.law.com/jsp/tx/PubArticleTX.jsp?id=1202436015933"&gt;deals involving Texas companies&lt;/a&gt;.&lt;/p&gt;
&lt;p&gt;&lt;strong&gt;Key questions:&lt;/strong&gt;Michael P. Maslanka seeks out&amp;#0160;powerful queries&amp;#0160;lawyers can use to&amp;#0160;&lt;a href="http://www.law.com/jsp/tx/PubArticleTX.jsp?id=1202436015894"&gt;elicit the best thinking&lt;/a&gt; from clients, colleagues, employees&amp;#0160;and jurors.&lt;/p&gt;
&lt;p&gt;&lt;strong&gt;Value gap:&lt;/strong&gt; In-house lawyers should keep &lt;a href="http://www.law.com/jsp/tx/PubArticleTX.jsp?id=1202436016069"&gt;12 truths&lt;/a&gt;&amp;#0160;in mind when trying to figure out if&amp;#0160;what they pay outside lawyers matches up with what they get.&lt;/p&gt;
&lt;p&gt;&lt;strong&gt;Shh:&lt;/strong&gt; Tailor a confidentiality program to &lt;a href="http://www.law.com/jsp/tx/PubArticleTX.jsp?id=1202436016110"&gt;prevent leaks&lt;/a&gt; on the board of directors.&lt;/p&gt;</content:encoded>



<dc:creator>Colleen McGushin</dc:creator>
<pubDate>Mon, 07 Dec 2009 02:00:00 -0600</pubDate>

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<title>5th Circuit gives Plano ISD a victory in fight over distribution of the Christmas message, “The Legend of the Candy Cane”</title>
<link>http://texaslawyer.typepad.com/texas_lawyer_blog/2009/12/5th-circuit-gives-plano-isd-a-victory-in-fight-over-distribution-of-the-christmas-message-the-legend.html</link>
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<description>In a Dec. 1 decision in Morgan, et al. v. Plano Independent School District, et al., the 5th U.S. Circuit Court of Appeals affirmed a lower court’s March 30 decision upholding the Plano Independent School District’s 2005 policy regulating when...</description>
<content:encoded>&lt;p&gt;&lt;a href="http://texaslawyer.typepad.com/.a/6a00d83469361a53ef01287612dcbc970c-pi" style="FLOAT: left"&gt;&lt;img alt="RichardAbernathyResized" class="asset asset-image at-xid-6a00d83469361a53ef01287612dcbc970c " src="http://texaslawyer.typepad.com/.a/6a00d83469361a53ef01287612dcbc970c-120wi" style="MARGIN: 0px 5px 5px 0px" /&gt;&lt;/a&gt; In a Dec. 1 decision in &lt;a href="http://www.ca5.uscourts.gov/opinions%5Cpub%5C08/08-40707-CV0.wpd.pdf"&gt;&lt;em&gt;Morgan, et al. v. Plano Independent School District, et al.&lt;/em&gt;&lt;/a&gt;, the 5th U.S. Circuit Court of Appeals affirmed a lower court’s March 30 decision upholding the Plano Independent School District’s 2005 policy regulating when and where students can distribute materials unrelated to the curriculum, including religious materials. However, the 5th Circuit’s three-judge panel — made up of Judges Carolyn King, Patrick Higginbotham and Edith Brown Clement — reversed a March 30 decision by the U.S. District Court for the Eastern District of Texas in Sherman regarding the district’s 2004 policy. As noted in the 5th Circuit’s opinion, the district court found that the facial challenge to the 2004 policy to be moot because no evidence suggested the district would revert to that policy after replacing it with the 2005 policy. The 5th Circuit remanded the plaintiffs’ claims regarding to the constitutionality of the 2004 policy to the district court for further consideration. The Morgan plaintiffs, parents of school-age children, &lt;a href="http://www.law.com/jsp/tx/PubArticleTX.jsp?id=900005420383"&gt;filed suit in December 2004&lt;/a&gt;, alleging, among other things, in their original complaint that the defendants are engaging in “religious viewpoint discrimination.” As alleged in the complaint, the defendants had prohibited students from &lt;a href="http://www.law.com/jsp/tx/PubArticleTX.jsp?id=900005427687"&gt;distributing the Christmas message&lt;/a&gt; of “The Legend of the Candy Cane” while on school property. Richard Abernathy (pictured), the district’s trial attorney, denies the plaintiffs’ allegations. Abernathy, a shareholder in Abernathy, Roeder, Boyd &amp;amp; Joplin in McKinney, says at the heart of the case is a difference of opinion over which constitutional standard applies to student-to-student distribution of noncurriculum materials. As noted in the 5th Circuit’s opinion in Morgan, written by Higginbotham, the district court found the school district’s 2005 policy to be facially valid under the “time, place, and manner” standard the U.S. Supreme Court established in 1968’s United States v. O’Brien, a case involving a man who burned his draft card. According to the opinion, the plaintiffs argued that the high court’s 1969 decision in Tinker v. Des Moines Independent Community School District set the controlling standard: that restrictions be “necessary to avoid material and substantial interference with schoolwork or discipline.” Tinker involved students who wore arm bands to protest the Vietnam War. Calling the 5th Circuit’s opinion “a big victory,” Abernathy says the school district’s policy imposes reasonable time, place and manner restrictions on students’ First Amendment free speech rights. Students cannot distribute noncurriculum materials to other students anywhere instruction goes on. For elementary students, the restriction applies to the school cafeteria and hallways, as well as the classroom, he says. Hiram Sasser, an attorney representing the plaintiffs, says the 5th Circuit applied the wrong standard. “We think that this opinion does not follow what the Supreme Court has mandated,” says Sasser, litigation director for Plano-based Liberty Legal Institute. However, Sasser says the plaintiffs have not yet decided whether to file a motion with the 5th Circuit for rehearing en banc or a petition for writ of certiorari with the U.S. Supreme Court. &lt;/p&gt;
&lt;p&gt;-- &lt;em&gt;Mary Alice Robbins&lt;/em&gt;&lt;/p&gt;</content:encoded>



<dc:creator>Colleen McGushin</dc:creator>
<pubDate>Fri, 04 Dec 2009 15:19:01 -0600</pubDate>

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<title>Fashion Friday: Are shoes the new handbag?</title>
<link>http://texaslawyer.typepad.com/texas_lawyer_blog/2009/12/fashion-friday-are-shoes-the-new-handbag.html</link>
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<description>An observation I have made of Wardrobe Peace clients is their obsession with handbags. While they prefer to shop seasonal sales for everything from wardrobe basics to work attire, they have no trouble dropping $1,200 or more on a luxury...</description>
<content:encoded>&lt;p&gt;&lt;a href="http://texaslawyer.typepad.com/.a/6a00d83469361a53ef0120a70dfbb6970b-pi" style="FLOAT: left"&gt;&lt;img alt="ShoeShopping" class="asset asset-image at-xid-6a00d83469361a53ef0120a70dfbb6970b " src="http://texaslawyer.typepad.com/.a/6a00d83469361a53ef0120a70dfbb6970b-120wi" style="MARGIN: 0px 5px 5px 0px" /&gt;&lt;/a&gt; An observation I have made of Wardrobe Peace clients is their obsession with handbags.&amp;#0160;While they prefer to shop seasonal sales for everything from wardrobe basics to work attire, they have no trouble dropping $1,200 or more on a luxury handbag.&amp;#0160;Similarly, many women let their handbags control the rest of their wardrobe.&amp;#0160;Recently, a Wardrobe Peace client asked me to help her “wear more dresses” because she was tired of the same old trousers.&amp;#0160;When I arrived at her closet, I was startled to find four lovely, well-tailored dresses with the tags still attached.&amp;#0160;“Why on Earth are these unworn?” I asked her.&amp;#0160;“Because none go with my Louis,” she said.&amp;#0160;She was referring to her very expensive – albeit very gorgeous – Louis Vuitton monogram work bag.&amp;#0160;It took an hour and a half and two glasses of champagne, but I managed to convince her that the beige and brown monogram was indeed a neutral that can be worn with pretty much everything, including bright floral patterns.&amp;#0160;When I met her for lunch last week, she&amp;#0160;was wearing an emerald green wrap dress and&amp;#0160;a beige scarf, with Louis in tow.&amp;#0160;(Sometimes the smallest victories are the sweetest.) Interestingly, shoes may be joining the ranks of handbags as the “it” piece in one’s wardrobe, to which everything else bows.&amp;#0160;This curiosity was brought to my attention by my friend Gianna, who heads up &lt;a href="http://globalfashionnews.com/"&gt;Global Fashion News&lt;/a&gt;.&amp;#0160;As part of her everyday job (lucky her), Gianna studies&amp;#0160;more than&amp;#0160;150 collections and previews designers’ lines months in advance.&amp;#0160;After hearing about some of the incredible shoe trends she’s noticed, I immediately went online to see pictures of future shoes for myself.&amp;#0160;Not only are some of the new shoe trends incredible, many border on unwearable.&amp;#0160;For example, the &lt;a href="http://obsessedwithshoes.com/post/Viktor-Rolf-Shoes-SpringSummer-2010.aspx"&gt;Victor and Rolf collection for Spring 2010&lt;/a&gt;&amp;#0160;goes beyond this year’s strappy and platform trend with ruffles, mesh and jewels.&amp;#0160;While I must admit I would sell an organ for these &lt;a href="http://jakandjil.com/blog/?p=2862"&gt;Nicholas Kirkwood for Rodarte black platform sandals&lt;/a&gt;, I’m not exactly sure I could show up to the office or Sunday brunch in spikes.&amp;#0160;And don’t even get me started on these &lt;a href="http://nymag.com/daily/fashion/2009/10/the_shoes_at_alexander_mcqueen.html"&gt;Alexander McQueen pumps&lt;/a&gt;.&amp;#0160;Can you imagine arriving for trial in these?&amp;#0160;Of course, many of our favorite retailers very soon will be offering more practical incarnations of these fabulous shoes.&amp;#0160;I share a list of shoe characteristics I will be looking for when I’m shoe shopping in 2010:&lt;/p&gt;
&lt;ul&gt;
&lt;li id=""&gt;&lt;em&gt;Platforms:&lt;/em&gt;&amp;#0160;Hidden or inconspicuous, the platform is here to stay,&amp;#0160;at least for a few more seasons.&amp;#0160;And I actually find they are more comfortable than the pointy-toe, 4-inch non-platform pumps I was wearing several years ago.&lt;/li&gt;
&lt;li&gt;&lt;em&gt;Colors:&amp;#0160;&lt;/em&gt;Every woman should have a nice pair of red shoes in her closet.&amp;#0160;But in 2010 I’ll be looking for bright blue, bright pink, and pearlescent, beige-y pastels.&lt;/li&gt;
&lt;li&gt;&lt;em&gt;Embellishment:&amp;#0160;&lt;/em&gt;From jewels to ruffles to flowers to feathers, a little embellishment goes a long way.&amp;#0160;If I find the perfect pair of shoes without that “something extra,” I may attempt to add a little bling myself.&lt;/li&gt;
&lt;li&gt;&lt;em&gt;Straps:&lt;/em&gt;&amp;#0160;Skinny or wide, &lt;a href="http://www.trendhunter.com/trends/swirly-heels"&gt;straps are in&lt;/a&gt;.&amp;#0160;A new take on this trend toward increased foot exposure is mesh or thin-strap netting, which I’m hoping to be bold enough to try come spring.&lt;/li&gt;
&lt;/ul&gt;
&lt;p&gt;&lt;a href="http://texaslawyer.typepad.com/.a/6a00d83469361a53ef01157065aba0970c-pi" style="FLOAT: left"&gt;&lt;img alt="Kasia" class="at-xid-6a00d83469361a53ef01157065aba0970c " src="http://texaslawyer.typepad.com/.a/6a00d83469361a53ef01157065aba0970c-120wi" style="MARGIN: 0px 5px 5px 0px" /&gt;&lt;/a&gt;Kasia Benson is corporate counsel at Essilor of America Inc. in Dallas.&amp;#0160;She is also the founder of Wardrobe Peace, which provides sensible, “use what you’ve got” wardrobe consulting services to lawyers and other busy professionals&lt;em&gt;.&lt;/em&gt; &lt;br /&gt;&lt;/p&gt;</content:encoded>



<dc:creator>Colleen McGushin</dc:creator>
<pubDate>Fri, 04 Dec 2009 10:46:07 -0600</pubDate>

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<title>Kelly Hart &amp; Hallman ponies up for Minority Corporate Counsel Association campaign</title>
<link>http://texaslawyer.typepad.com/texas_lawyer_blog/2009/12/kelly-hart-hallman-ponies-up-for-minority-corporate-counsel-association-campaign.html</link>
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<description>Fort Worth-based Kelly Hart &amp; Hallman is the first Cow Town firm to donate to the Minority Corporate Counsel Association’s 10 x 10 x 10 campaign to raise $10 million for education and diversity training, according to a release from...</description>
<content:encoded>&lt;p&gt;&lt;a href="http://texaslawyer.typepad.com/.a/6a00d83469361a53ef0120a709b4b5970b-pi" style="FLOAT: left"&gt;&lt;img alt="Attorney_dkelly" class="asset asset-image at-xid-6a00d83469361a53ef0120a709b4b5970b " src="http://texaslawyer.typepad.com/.a/6a00d83469361a53ef0120a709b4b5970b-120wi" style="MARGIN: 0px 5px 5px 0px" /&gt;&lt;/a&gt; Fort Worth-based Kelly Hart &amp;amp; Hallman is the first Cow Town firm to donate to the Minority Corporate Counsel Association’s 10 x 10 x 10 campaign to raise $10 million for education and diversity training, according to a release from the MCCA, based in Washington, D.C.&amp;#0160;Dee J. Kelly (pictured), one of the firm’s founders, says he met with representatives of the MCCA after a client suggested he do so. “And I agreed to support them,” Kelly says. The firm, which has about 135 lawyers and additional offices in Austin and Houston, donated $10,000 to the campaign, he says. The MCAA campaign was launched in 2007 , and the donation from Kelly Hart &amp;amp; Hallman brings the total raised to date to almost $3 million, notes a press release. “The MCAA is very active, and diversity is a good thing in the law profession,” Kelly says.&lt;br /&gt;-- &lt;em&gt;Jeanne Graham&lt;br /&gt;&lt;/em&gt;&lt;/p&gt;</content:encoded>



<dc:creator>Colleen McGushin</dc:creator>
<pubDate>Thu, 03 Dec 2009 19:14:47 -0600</pubDate>

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<title>Lamar University scholarship will honor Gilbert I. “Buddy” Low </title>
<link>http://texaslawyer.typepad.com/texas_lawyer_blog/2009/12/lamar-university-scholarship-will-honor-gilbert-i-buddy-low-.html</link>
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<description>The Beaumont Foundation of America gave $100,000 to Lamar University in Beaumont to establish a four-year scholarship to honor Gilbert I. “Buddy” Low (pictured), a partner in Orgain, Bell &amp; Tucker in Beaumont. The scholarship in Low’s honor, announced today...</description>
<content:encoded>&lt;p&gt;&lt;a href="http://texaslawyer.typepad.com/.a/6a00d83469361a53ef0120a7095929970b-pi" style="FLOAT: left"&gt;&lt;img alt="Buddy Low" class="asset asset-image at-xid-6a00d83469361a53ef0120a7095929970b " src="http://texaslawyer.typepad.com/.a/6a00d83469361a53ef0120a7095929970b-120wi" style="MARGIN: 0px 5px 5px 0px" /&gt;&lt;/a&gt; &amp;#0160;&lt;a href="http://www.bmtfoundation.com/bfa/index.htm"&gt;The Beaumont Foundation of America&lt;/a&gt;&amp;#0160;gave $100,000 to Lamar University in Beaumont to &lt;a href="http://www.lamar.edu/newsevents/news/207_8190.htm"&gt;establish a four-year scholarship&lt;/a&gt;&amp;#0160;to honor Gilbert I. “Buddy” Low (pictured), a partner in Orgain, Bell &amp;amp; Tucker in Beaumont. The scholarship in Low’s honor, announced today at a ceremony at the university, is the 14th Southeast Texas Legends Scholarship. Frank Newton, president and chief executive officer of the foundation, says the endowment will generate income that will be matched by the university to fund a full scholarship. “Every four years there will be a Buddy Low scholar,” Newton says. Low serves on the foundation’s board, but he says he was out of town when the board agreed to name the scholarship in his honor. Newton says the foundation plans a total of 16 scholarships at Lamar, and the next two honorees will be named in the spring. All are well-known in Southeast Texas, and several are lawyers. Newton says a scholarship was named after Low because he’s a “go-to” lawyer in Southeast Texas. The Beaumont Foundation was established in 2001 with $360 million left over from the $2.1 billion settlement of &lt;em&gt;Shaw v. Toshiba&lt;/em&gt;, class action suit filed in U.S. District Court for the Eastern District of Texas. &lt;/p&gt;
&lt;p&gt;-- &lt;em&gt;Brenda Sapino Jeffreys&lt;/em&gt;&lt;/p&gt;</content:encoded>



<dc:creator>Colleen McGushin</dc:creator>
<pubDate>Thu, 03 Dec 2009 18:41:34 -0600</pubDate>

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<title>Dallas County DA Craig Watkins' fireside chat with Stephen Colbert</title>
<link>http://texaslawyer.typepad.com/texas_lawyer_blog/2009/12/dallas-county-da-craig-watkins-fireside-chat-with-stephen-colbert.html</link>
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<description>Dallas County District Attorney Craig Watkins got his chance to sit by the fireplace and undergo the satirical and always uncomfortable interview by Stephen Colbert on Comedy Central’s "The Colbert Report" last night. Watkins gave Colbert his standard stump speech...</description>
<content:encoded>&lt;p&gt;Dallas County District Attorney &lt;a href="http://www.law.com/jsp/tx/PubArticleTX.jsp?id=900005499105"&gt;Craig Watkins&lt;/a&gt; got his chance to sit by the fireplace and undergo the satirical and always uncomfortable &lt;a href="http://www.comedycentral.com/colbertreport/full-episodes/index.jhtml?episodeId=257628"&gt;interview &lt;/a&gt;by Stephen Colbert on Comedy Central’s &amp;quot;The Colbert Report&amp;quot; last night. Watkins gave Colbert his standard stump speech about his office’s groundbreaking Conviction Integrity Unit, which has had a role in freeing 22 wrongfully convicted people from prison. Colbert told Watkins, &amp;quot;You do not fit the image that the average person has of a Texas district attorney.&amp;quot; What was missing, Colbert said, were Watkins&amp;#39; cowboy hat and spurs. Watkins, who favors cowboy boots, told Colbert that he does not subscribe to what he characterized as the traditional Texas prosecutor&amp;#39;s approach -- &amp;quot;tough on crime.&amp;quot; That attitude alone doesn&amp;#39;t work, Watkins told Colbert, noting that when prosecutors convict the wrong individual the mistake &amp;quot;disparages the criminal justice system.&amp;quot; Somehow, DNA evidence and wrongful convictions gave Colbert plenty of material to work with. “Does anybody deserve to be walking the streets?” Colbert asked Watkins. “We’re all sinners, sir.” To which Watkins replied: “We are.” “Do you want to tell me what you should go to jail for?” Colbert asked. “After the show,” Watkins said. “I’ll show you mine if you show me yours,” Colbert said. Oh my.&lt;/p&gt;
&lt;p&gt;-- &lt;em&gt;John Council and Miriam Rozen&lt;/em&gt;&lt;/p&gt;</content:encoded>



<dc:creator>Colleen McGushin</dc:creator>
<pubDate>Thu, 03 Dec 2009 12:41:17 -0600</pubDate>

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<title>Billing rate boost in the offing, survey says</title>
<link>http://texaslawyer.typepad.com/texas_lawyer_blog/2009/12/billing-rates-at-us-firms-will-go-up-32-percent-on-average-in-2010-consulting-firm-altman-weil-reports-in-a-flash-survey.html</link>
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<description>Billing rates at U.S. firms will go up 3.2 percent on average in 2010, consulting firm Altman Weil reports in a Flash Survey on 2010 Billing Rates made public on Dec. 1. According to the survey, larger firms expect to...</description>
<content:encoded>Billing rates at U.S. firms will go up 3.2 percent on average in 2010, consulting firm &lt;a href="http://www.altmanweil.com/dir_docs/resource/e7983f94-efb6-47b4-9519-1236dd7ddb45_document.pdf"&gt;Altman Weil reports in a Flash Survey on 2010 Billing Rates&lt;/a&gt;&amp;#0160;made public on Dec. 1. According to the survey, larger firms expect to increase rates by a larger average percentage than smaller firms. Fewer than 1 percent of all firms surveyed expect to decrease billing rates in 2010, but 8.5 percent will hold the line on their rates. However, according to the survey, 7.8 percent of firms will increase rates by 1 percent, 19.9 percent will up rates by 2 percent; 21.6 percent will increase rates by 3 percent, 14.9 percent will up them by 4 percent, 19.9 percent expect a 5 percent increase, 2.1 percent will increase rates by 6 percent and 4.6 percent expect to increase billing rates by 7 percent or more in 2010. Altman Weil, based in Newtown Square, Pa., sent surveys to 688 U.S. firms in November 2009;&amp;#0160;288 of them responded, including 45 percent of the 250 largest firms. Altman Weil reports that firms plan to raise rates for various reasons, such as the fact rates have been frozen for up to two years; rates in some specific practice areas may be underpriced when compared to the market; and rates for associates and junior partners may not reflect their experience. &lt;a href="http://www.law.com/jsp/tx/PubArticleTX.jsp?id=1202431795065"&gt;Check out &lt;em&gt;Texas Lawyer&lt;/em&gt;&amp;#39;s 2009 salary and billing survey here.&lt;br /&gt;&lt;/a&gt;-- &lt;em&gt;Brenda Sapino Jeffreys&lt;/em&gt;</content:encoded>



<dc:creator>Colleen McGushin</dc:creator>
<pubDate>Thu, 03 Dec 2009 02:03:00 -0600</pubDate>

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<title>Bracewell &amp; Giuliani moving uptown next year in the Big Apple</title>
<link>http://texaslawyer.typepad.com/texas_lawyer_blog/2009/12/mark-evans-the-managing-partner-of-houstons-bracewell-guiliani-says-the-firms-new-york-office-will-move-10-blocks-north-of.html</link>
<guid isPermaLink="true">http://texaslawyer.typepad.com/texas_lawyer_blog/2009/12/mark-evans-the-managing-partner-of-houstons-bracewell-guiliani-says-the-firms-new-york-office-will-move-10-blocks-north-of.html</guid>
<description>Mark Evans, managing partner of Houston's Bracewell &amp; Giuliani, says the firm's New York office will move 10 blocks north of its current space in Manhattan, to Sixth Avenue between 49th and 50th Streets. The move is scheduled for Presidents...</description>
<content:encoded>&lt;p&gt;Mark Evans, managing partner of Houston&amp;#39;s Bracewell &amp;amp; Giuliani, says the firm&amp;#39;s New York office will move 10 blocks north of its current space in Manhattan, to Sixth Avenue between 49th and 50th Streets. The move is scheduled for Presidents Day weekend in February 2010. &amp;quot;It&amp;#39;s closer to the park,&amp;quot; Evans says about the new office near Central Park. It also has room for 120 lawyers, about twice the number currently in the New York office of Bracewell. Evans says the extra space the firm just leased — he signed the contract in November — reflects the growth Bracewell expects in its New York branch. The branch has added about four lawyers in the past year for a total of 58. Evans says he expects growth as well as solid revenue performance this year because the New York lawyers are in economically countercyclical practices, such as white collar and bankruptcy, and therefore have managed to add revenues during these recessionary times. Sidley &amp;amp; Austin had occupied the New York space into which Bracewell is moving.&lt;br /&gt;-- &lt;em&gt;Miriam Rozen &lt;/em&gt;&lt;/p&gt;</content:encoded>



<dc:creator>Colleen McGushin</dc:creator>
<pubDate>Thu, 03 Dec 2009 02:00:00 -0600</pubDate>

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<title>CCA urged not to set bar too high for rule to stop last-minute filings in death penalty cases</title>
<link>http://texaslawyer.typepad.com/texas_lawyer_blog/2009/12/cca-urged-not-to-set-bar-too-high-for-rule-to-stop-lastminute-filings-in-death-penalty-cases.html</link>
<guid isPermaLink="true">http://texaslawyer.typepad.com/texas_lawyer_blog/2009/12/cca-urged-not-to-set-bar-too-high-for-rule-to-stop-lastminute-filings-in-death-penalty-cases.html</guid>
<description>Texas Defender Service lawyers David Dow and Katherine Black had their day in court today – the Court of Criminal Appeals, that is -- to explain their “untimely filings” last month in a death-row inmate’s case. But Dow’s explanation that...</description>
<content:encoded>&lt;p&gt;Texas Defender Service lawyers David Dow and Katherine Black had their day in court today – the Court of Criminal Appeals, that is -- to explain their “untimely filings” last month in a death-row inmate’s case.&amp;#0160;But Dow’s explanation that Danielle Simpson’s case was unusual prompted a pointed response from CCA Judge Cathy Cochran at one point during the hearing. “We do have a lot of late filings from TDS,” Cochran said.&amp;#0160;Dow, TDS litigation director and a professor at the University of Houston Law Center, disagreed and said Cochran has praised TDS for its work in the past.&amp;#0160;The &lt;a href="http://www.law.com/jsp/tx/PubArticleTX.jsp?id=1202435868473"&gt;CCA ordered&lt;/a&gt; Dow and Black to appear before the court today to explain why they failed to meet the requirements of Miscellaneous Rule 08-101, adopted by the court in June 2008.&amp;#0160;Under that rule, any motion relating to a death sentence is deemed untimely if filed less than 48 hours before 6 p.m. on the scheduled execution date. The CCA can sanction attorneys who do not comply with the rule. According to the CCA’s show-cause order in &lt;em&gt;In Re: Dow and Black&lt;/em&gt;, the two TDS attorneys filed a subsequent application for writ of habeas corpus and a motion to stay Simpson’s Nov. 18 execution at 4:08 p.m. on Nov. 17.&amp;#0160;The state executed Simpson the following day.&amp;#0160;As required by the CCA’s rule, Dow filed a sworn statement to explain the untimely filing, but the court ordered both TDS attorneys to appear for the show-cause hearing.&amp;#0160;Black also filed an identical sworn statement with the CCA today.&amp;#0160;University of Texas School of Law professor Jordan Steiker, who represents Dow and Black, told the CCA that there is “very good reason” for the court not to set the bar so high that it conflicts with a lawyer’s zealous representation of a client. Steiker said the TDS attorneys had three options: They could have filed pleadings before those pleadings were legally and actually sound; they could file untimely pleadings with an affidavit attached to explain why they could not file earlier; or they could have filed nothing at all.&amp;#0160;The first and third options were unacceptable, he said.&amp;#0160;Steiker also noted that Dow and Black did not receive Simpson’s files until Nov. 9.&amp;#0160;“This is not a case where the lawyers were sitting on this claim for months or years,” Steiker said. Dow told the CCA that it could stop last-minute filings on execution days by improving the quality of lawyers appointed to represent death-row inmates in habeas corpus writ applications.&amp;#0160;Presiding Judge Sharon Keller did not participate in the Simpson case or in the show-cause hearing.&amp;#0160;Keller faces &lt;a href="http://www.law.com/jsp/tx/PubArticleTX.jsp?id=1202433233721"&gt;ethics charges&lt;/a&gt; filed by the &lt;a href="http://www.law.com/jsp/tx/PubArticleTX.jsp?id=1202428450730"&gt;State Commission on Judicial Conduct&lt;/a&gt; related to the case of death-row inmate &lt;a href="http://www.law.com/jsp/tx/PubArticleTX.jsp?id=900005496157"&gt;Michael Richard&lt;/a&gt;, who was executed in 2007; Dow&amp;#0160;represented Richard. At the conclusion of today&amp;#39;s hearing, CCA Judge Lawrence Meyers said the court would issue a statement or opinion at a later time. &lt;br /&gt;-- &lt;em&gt;Mary Alice Robbins&lt;/em&gt;&lt;/p&gt;</content:encoded>



<dc:creator>Colleen McGushin</dc:creator>
<pubDate>Wed, 02 Dec 2009 13:14:21 -0600</pubDate>

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<title>Perry pulls two trial court judges up to the appellate bench</title>
<link>http://texaslawyer.typepad.com/texas_lawyer_blog/2009/12/perry-pulls-two-trial-court-judges-up-to-the-appellate-bench.html</link>
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<description>Gov. Rick Perry appointed two long-time trial court judges to appellate benches today -- good news for the pair of Republican trial judges who would have faced difficult re-election bids in counties that have been trending Democratic. Perry appointed 295th...</description>
<content:encoded>&lt;p&gt;&lt;a href="http://texaslawyer.typepad.com/.a/6a00d83469361a53ef0120a6ff3155970b-pi" style="FLOAT: left"&gt;&lt;img alt="Myers_judge_lana_128x150" class="asset asset-image at-xid-6a00d83469361a53ef0120a6ff3155970b " src="http://texaslawyer.typepad.com/.a/6a00d83469361a53ef0120a6ff3155970b-120wi" style="MARGIN: 0px 5px 5px 0px" /&gt;&lt;/a&gt; Gov. Rick Perry appointed two long-time trial court judges to appellate benches today --&amp;#0160;good news for the pair&amp;#0160;of&amp;#0160;Republican trial judges who would&amp;#0160;have faced difficult re-election bids in counties that have been trending Democratic. Perry appointed 295th District Judge Tracy Christopher of Harris County to Houston’s 14th Court of Appeals and 203rd District Judge &lt;a href="http://www.law.com/jsp/tx/PubArticleTX.jsp?id=1202423816913"&gt;Lana Myers&lt;/a&gt; (pictured)&amp;#0160;of Dallas County to Dallas’ 5th Court of Appeals. “I’m excited about it. I think it’s going to be a new challenge and interesting work,” Christopher says. Myers did not immediately return a telephone call seeking comment.&amp;#0160;Christopher&amp;#39;s and Myers&amp;#39; terms on their trial court benches end in 2010. All but three of Harris County&amp;#39;s trial court races were won by&amp;#0160;Democrats in the 2008 general election. And Democratic challengers won all 41 Dallas County trial court benches in the 2006 general election. However, the 14th Court and the 5th Court&amp;#0160;are considered safe seats for Republicans because their multicounty jurisdictions include numerous GOP-leaning areas.&lt;/p&gt;
&lt;p&gt;-- &lt;em&gt;John Council&lt;/em&gt;&lt;/p&gt;</content:encoded>



<dc:creator>Colleen McGushin</dc:creator>
<pubDate>Wed, 02 Dec 2009 12:21:46 -0600</pubDate>

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<title>Rule changes at the 5th Circuit</title>
<link>http://texaslawyer.typepad.com/texas_lawyer_blog/2009/12/rule-changes-at-the-5th-circuit.html</link>
<guid isPermaLink="true">http://texaslawyer.typepad.com/texas_lawyer_blog/2009/12/rule-changes-at-the-5th-circuit.html</guid>
<description>A whole lot of new rules went into effect yesterday, involving procedures in filing appeals and documents with the 5th U.S. Circuit Court of Appeals. Most of the new rules have to do with electronic filing of documents -- in...</description>
<content:encoded>A &lt;a href="http://www.ca5.uscourts.gov/news/news/Order%20Dec%202009%20Rules%20Changes.pdf"&gt;whole lot of new rules&lt;/a&gt;&amp;#0160;went into effect yesterday, involving procedures in filing appeals and documents with the 5th U.S. Circuit Court of Appeals. Most of the new rules have to do with electronic filing of documents -- in other words, get ready for a mostly paperless world when it comes to dealing with the 5th Circuit. There are some other notable changes involving &lt;a href="http://www.law.com/jsp/tx/PubArticleTX.jsp?id=1202435868473"&gt;death penalty cases&lt;/a&gt;&amp;#0160;when an execution date is looming. From now on, lawyers must “exercise reasonable diligence” in moving for a certificate of appealability, for permission to file a successive habeas petition, the appeal of an adverse district court ruling, or a stay of execution at least seven days before a scheduled execution. If they file any of those motions less than seven days before an execution, they have to show good cause as to why they did so and can be sanctioned if they don’t.&lt;br /&gt;-- &lt;em&gt;John Council&lt;br /&gt;&lt;/em&gt;</content:encoded>



<dc:creator>Colleen McGushin</dc:creator>
<pubDate>Wed, 02 Dec 2009 12:17:04 -0600</pubDate>

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<title>Lawyers create Timothy Cole Memorial Scholarship </title>
<link>http://texaslawyer.typepad.com/texas_lawyer_blog/2009/12/lawyers-create-timothy-cole-memorial-scholarship-.html</link>
<guid isPermaLink="true">http://texaslawyer.typepad.com/texas_lawyer_blog/2009/12/lawyers-create-timothy-cole-memorial-scholarship-.html</guid>
<description>In a ceremony scheduled for 3 p.m. today, Texas Tech University School of Law will receive a $100,000 scholarship endowed by four attorneys in memory of a wrongfully convicted man who died in prison. Jeff Blackburn, chief counsel for the...</description>
<content:encoded>&lt;p&gt;In a ceremony scheduled for 3 p.m. today, Texas Tech University School of Law will receive a $100,000 scholarship endowed by four attorneys in memory of a wrongfully convicted man who died in prison. &lt;a href="http://www.law.com/jsp/tx/PubArticleTX.jsp?id=1202422790640"&gt;Jeff Blackburn&lt;/a&gt;, chief counsel for the Innocence Project of Texas, and Kevin Glasheen, Noe Valles and Chad Inderman, partners in Glasheen, Valles, Inderman &amp;amp; DeHoyos in Lubbock, created the Timothy Cole Memorial Scholarship.&amp;#0160;A Lubbock jury convicted Cole of aggravated sexual assault in 1986, but another man confessed to the crime in 1995.&amp;#0160;However, Cole died in prison in 1999. In April, Judge &lt;a href="http://texaslawyer.typepad.com/texas_lawyer_blog/2009/12/299th-district-court-judge-charlie-baird-of-austin-to-retire.html"&gt;Charlie Baird&lt;/a&gt; of Austin’s 299th District Court &lt;a href="http://texaslawyer.typepad.com/texas_lawyer_blog/2009/04/judge-this-is-the-most-important-opinion-of-my-career-.html"&gt;posthumously exonerated Cole&lt;/a&gt;.&amp;#0160;Calvin Lewis, the Texas Tech law school associate dean for student affairs and diversity, says&amp;#0160;scholarships will be awarded to students interested in public service who best demonstrate Cole’s perseverance and never-give-up attitude.&amp;#0160;Cole’s mother, Ruby Session, and other relatives are expected to attend the ceremony, Lewis says.&lt;br /&gt;-- &lt;em&gt;Mary Alice Robbins&lt;/em&gt;&lt;/p&gt;</content:encoded>



<dc:creator>Colleen McGushin</dc:creator>
<pubDate>Wed, 02 Dec 2009 11:20:41 -0600</pubDate>

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<title>299th District Judge Charlie Baird of Austin to retire</title>
<link>http://texaslawyer.typepad.com/texas_lawyer_blog/2009/12/299th-district-court-judge-charlie-baird-of-austin-to-retire.html</link>
<guid isPermaLink="true">http://texaslawyer.typepad.com/texas_lawyer_blog/2009/12/299th-district-court-judge-charlie-baird-of-austin-to-retire.html</guid>
<description>Austin’s 299th District Court Judge Charlie Baird (pictured), a Democrat, announced today that he will not seek re-election when his term ends on Dec. 31, 2010. In a press release announcing his decision not to run again, Baird writes, “I...</description>
<content:encoded>&lt;p&gt;&lt;a href="http://texaslawyer.typepad.com/.a/6a00d83469361a53ef01287601773e970c-pi" style="FLOAT: left"&gt;&lt;img alt="Baird_judge_charlie_128x150" class="asset asset-image at-xid-6a00d83469361a53ef01287601773e970c " src="http://texaslawyer.typepad.com/.a/6a00d83469361a53ef01287601773e970c-120wi" style="MARGIN: 0px 5px 5px 0px" /&gt;&lt;/a&gt; Austin’s 299th District Court Judge &lt;a href="http://www.law.com/jsp/tx/PubArticleTX.jsp?id=1202428062513"&gt;Charlie Baird&lt;/a&gt; (pictured), a Democrat, announced today that he will not seek re-election when his term ends on Dec. 31, 2010. In a press release announcing his decision not to run again, Baird writes, “I am leaving the best job on earth, to devote more time to life’s most important job, being a parent.” Baird is the father of two preschool-aged children.&amp;#0160;However, the 54-year-old Baird did not rule out a future run for political office, writing in the release, “There will be an appropriate opportunity for me to return to public service but now is the time to devote to my family.”&amp;#0160;Baird served on the Texas Court of Criminal Appeals from 1990 through 1998 and served as a visiting judge prior to his &lt;a href="http://www.law.com/jsp/tx/PubArticleTX.jsp?id=900005466975"&gt;election&lt;/a&gt; to the&amp;#0160;&lt;a href="http://www.law.com/jsp/tx/PubArticleTX.jsp?id=900005448914"&gt;district court bench&lt;/a&gt;&amp;#0160;in 2006.&amp;#0160;Baird made history &lt;a href="http://texaslawyer.typepad.com/texas_lawyer_blog/2009/04/judge-this-is-the-most-important-opinion-of-my-career-.html"&gt;in April&lt;/a&gt; when he presided over a court of inquiry and posthumously exonerated Timothy Cole, who was &lt;a href="http://www.law.com/jsp/tx/PubArticleTX.jsp?id=1202422790640"&gt;wrongly convicted&lt;/a&gt; of an aggravated sexual assault in Lubbock in 1986 and died in prison in 1999. When Baird announced his decision to exonerate, he said it was probably the most important opinion of his judicial career.&lt;br /&gt;-- &lt;em&gt;Mary Alice Robbins&lt;/em&gt;&lt;/p&gt;</content:encoded>



<dc:creator>Colleen McGushin</dc:creator>
<pubDate>Wed, 02 Dec 2009 11:14:33 -0600</pubDate>

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<title>Hot check writers in El Paso can pay outstanding checks online</title>
<link>http://texaslawyer.typepad.com/texas_lawyer_blog/2009/12/hot-check-writers-in-el-paso-can-pay-outstanding-checks-online.html</link>
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<description>El Paso County Attorney Jo Anne Bernal launched the county’s “Hot Check E-Pay” service Nov. 25. According to the news release announcing the new online service, the El Paso County Attorney’s Office offers free hot check collection services to county...</description>
<content:encoded>El Paso County Attorney &lt;a href="http://texaslawyer.typepad.com/texas_lawyer_blog/2009/11/el-pasos-new-county-attorney-will-do-double-duty.html"&gt;Jo Anne Bernal&lt;/a&gt; launched the county’s “Hot Check E-Pay” service Nov. 25.&amp;#0160; According to the news release announcing the new online service, the El Paso County Attorney’s Office offers free hot check collection services to county residents and businesses that have trouble locating check-writers. Elhiu Dominguez, public affairs officer for the county attorney’s office, says the office currently is trying to collect $3.24 million in worthless checks. In the past, check writers had to pay off hot checks in person on the fifth floor of the El Paso County Courthouse. Dominguez says some people had expressed fear about coming to the courthouse because they might be arrested before they could pay the outstanding amounts. Dominguez says El Paso is one of several Texas counties offering online payment services for hot check writers. Persons with outstanding hot checks in El Paso can make online payments with credit cards by visiting the &lt;a href="http://www.epcounty.com/ca."&gt;county attorney’s Web page&lt;/a&gt;. &lt;br /&gt;-- &lt;em&gt;Mary Alice Robbins&lt;/em&gt;</content:encoded>



<dc:creator>Colleen McGushin</dc:creator>
<pubDate>Wed, 02 Dec 2009 02:00:00 -0600</pubDate>

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<title>Grant to help fund forum on self-represented litigants</title>
<link>http://texaslawyer.typepad.com/texas_lawyer_blog/2009/12/grant-to-help-fund-forum-on-selfrepresented-litigants.html</link>
<guid isPermaLink="true">http://texaslawyer.typepad.com/texas_lawyer_blog/2009/12/grant-to-help-fund-forum-on-selfrepresented-litigants.html</guid>
<description>A forum scheduled April 8-9, 2010, at the Belo Mansion in Dallas will launch a statewide effort to provide Texas courts the tools to help people who represent themselves navigate the court system. The state’s Office of Court Administration announced...</description>
<content:encoded>A forum scheduled April 8-9, 2010, at the Belo Mansion in Dallas will launch a statewide effort to provide Texas courts the tools to help people who represent themselves navigate the court system.&amp;#0160; The state’s Office of Court Administration announced Monday it has received a $10,000 grant from the Texas Bar Foundation to help fund the forum. Katie Bond, the OCA&amp;#39;s assistant general counsel, says that while the OCA does not collect figures on the number of self-represented litigants in Texas, anecdotal stories from judges indicate that number is on the rise. According to an OCA press release announcing the grant, the OCA, Texas Access to Justice Commission, Texas Legal Services Center, Legal Services Corporation and the Texas Access to Justice Foundation will co-sponsor the forum, which is entitled, “The Texas Forum on Self-Represented Litigants and the Courts.” Carl Reynolds, the OCA administrative director, writes in the press release, “Given the current economy, it is more important than ever to discuss alternative solutions to assist the courts and litigants and low- and moderate-income persons have meaningful access to the legal system.” Bond says speakers at the forum will include Chief Justice Wallace Jefferson and Justice Harriet O’Neill of the Texas Supreme Court, Justice Jess Dickinson of the Mississippi Supreme Court, and Richard Zorza of Washington, D.C., founder and head of the Self Represented Litigation Network. The OCA is applying for a grant from the State Justice Institute to help defray the costs for the approximately 125 judges, clerks, court administrators and others who will be invited to participate in the forum, Bond says.&amp;#0160; &lt;br /&gt;-- &lt;em&gt;Mary Alice Robbins&lt;/em&gt;&lt;br /&gt;</content:encoded>



<dc:creator>Colleen McGushin</dc:creator>
<pubDate>Tue, 01 Dec 2009 11:55:23 -0600</pubDate>

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<title>Dallas County DA Craig Watkins to appear on "The Colbert Report"</title>
<link>http://texaslawyer.typepad.com/texas_lawyer_blog/2009/12/dallas-county-da-watkins-will-appear-on-the-colbert-report.html</link>
<guid isPermaLink="true">http://texaslawyer.typepad.com/texas_lawyer_blog/2009/12/dallas-county-da-watkins-will-appear-on-the-colbert-report.html</guid>
<description>For those who want a dose of “truthiness” and Dallas County District Attorney Craig Watkins at the same time, tune into Comedy Central’s "The Colbert Report" tomorrow at 10:30 p.m. Texas' most high-profile prosecutor will make an appearance, according to...</description>
<content:encoded>For those who want a dose of “truthiness” and Dallas County District Attorney &lt;a href="http://www.law.com/jsp/tx/PubArticleTX.jsp?id=1202434126940"&gt;Craig Watkins&lt;/a&gt; at the same time, tune into Comedy Central’s &lt;a href="http://www.colbertnation.com/home"&gt;&amp;quot;The Colbert Report&amp;quot;&lt;/a&gt; tomorrow at 10:30 p.m. Texas&amp;#39; most &lt;a href="http://www.law.com/jsp/tx/PubArticleTX.jsp?id=900005499105"&gt;high-profile prosecutor&lt;/a&gt; will make an appearance, according to an announcement from Watkins&amp;#39; campaign. Stephen Colbert likely will ask Watkins the hard questions about whether facts are “liberal” and the like. But for a real Texas-style grilling of Watkins, go to the&lt;a href="http://www.law.com/jsp/tx/PubArticleTX.jsp?id=1202433815689&amp;amp;slreturn=1&amp;amp;hbxlogin=1"&gt; Sept. 14 edition of &lt;em&gt;Texas Lawyer&lt;/em&gt;&amp;#39;s Reversed and Remanded&lt;/a&gt; video blog, where the DA talks about the car he crashed in college and how he really feels about his in-laws. Oh, and he also tells Reversed and Remanded viewers: “I think this is the best opportunity I’ve had to be on film.” Take that, Colbert Nation.&lt;br /&gt;&lt;br /&gt;-- &lt;em&gt;John Council&lt;/em&gt;</content:encoded>



<dc:creator>Colleen McGushin</dc:creator>
<pubDate>Tue, 01 Dec 2009 09:20:05 -0600</pubDate>

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<title>This Week in Texas Lawyer</title>
<link>http://texaslawyer.typepad.com/texas_lawyer_blog/2009/11/this-week-in-texas-lawyer-4.html</link>
<guid isPermaLink="true">http://texaslawyer.typepad.com/texas_lawyer_blog/2009/11/this-week-in-texas-lawyer-4.html</guid>
<description>Phoenix from the flames:Carla Powers Herron (pictured) survived a childhood in a religious cult and a violent, alcoholic, pyromaniac father. She went on to become the worldwide head of litigation for Royal Dutch Shell in Houston. Senior reporter Mary Alice...</description>
<content:encoded>&lt;p&gt;&lt;a href="http://texaslawyer.typepad.com/.a/6a00d83469361a53ef0120a6f0cb2b970b-pi" style="FLOAT: left"&gt;&lt;img alt="Herron_carla" class="asset asset-image at-xid-6a00d83469361a53ef0120a6f0cb2b970b " src="http://texaslawyer.typepad.com/.a/6a00d83469361a53ef0120a6f0cb2b970b-120wi" style="MARGIN: 0px 5px 5px 0px" /&gt;&lt;/a&gt; &lt;strong&gt;Phoenix from the flames:&lt;/strong&gt;Carla Powers Herron&amp;#0160;(pictured) survived a &lt;a href="http://www.law.com/jsp/tx/PubArticleTX.jsp?id=1202435898673"&gt;childhood in a religious cult and a violent, alcoholic, pyromaniac father&lt;/a&gt;. She went&amp;#0160;on to become the&amp;#0160;worldwide head of litigation for Royal Dutch Shell in Houston. Senior reporter Mary Alice Robbins looks back at the&amp;#0160;key decisions that helped Herron&amp;#0160;overcome early hardship to achieve&amp;#0160;success.&lt;/p&gt;
&lt;p&gt;&lt;strong&gt;Play it again:&lt;/strong&gt; The Texas Supreme Court grants &lt;a href="http://www.law.com/jsp/tx/PubArticleTX.jsp?id=1202435898800"&gt;rehearing in companion oil and gas cases&lt;/a&gt;. Senior reporter John Council drills into the controversy.&amp;#0160;&lt;/p&gt;
&lt;p&gt;&lt;a href="http://texaslawyer.typepad.com/.a/6a00d83469361a53ef0120a6f0e506970b-pi" style="FLOAT: left"&gt;&lt;img alt="Quisenberry_graham_" class="asset asset-image at-xid-6a00d83469361a53ef0120a6f0e506970b " src="http://texaslawyer.typepad.com/.a/6a00d83469361a53ef0120a6f0e506970b-120wi" style="MARGIN: 0px 5px 5px 0px" /&gt;&lt;/a&gt; &lt;/p&gt;
&lt;p&gt;&lt;strong&gt;Rural route:&lt;/strong&gt;Judge Graham Quisenberry (pictured) speaks candidly about &lt;a href="http://www.law.com/jsp/tx/PubArticleTX.jsp?id=1202435898553"&gt;what frustrates him as a judge&lt;/a&gt; and where you&amp;#39;ll find him and his two-wheeled steed this spring or early summer.&lt;/p&gt;
&lt;p&gt;&lt;strong&gt;Lump of coal or necessary stand?:&lt;/strong&gt; A lawyer who owns an office building has &lt;a href="http://www.law.com/jsp/tx/PubArticleTX.jsp?id=1202435898716"&gt;sued a nearby homeless day center&lt;/a&gt;.&lt;/p&gt;
&lt;p&gt;&lt;strong&gt;On the level:&lt;/strong&gt; Kathleen Wu examines how client pressure may &lt;a href="http://www.law.com/jsp/tx/PubArticleTX.jsp?id=1202435898361"&gt;force firms to get real about flextime&lt;/a&gt;.&lt;/p&gt;
&lt;p&gt;&lt;a href="http://www.law.com/jsp/tx/PubArticleTX.jsp?id=1202435898065"&gt;&lt;strong&gt;Correction.&lt;/strong&gt;&lt;/a&gt;&lt;strong&gt; &lt;/strong&gt;&lt;a href="http://www.law.com/jsp/tx/PubArticleTX.jsp?id=1202435898283"&gt;&lt;strong&gt;Inadmissible.&lt;/strong&gt;&lt;/a&gt;&lt;strong&gt; &lt;/strong&gt;&lt;a href="http://www.law.com/jsp/tx/PubArticleTX.jsp?id=1202435898321"&gt;&lt;strong&gt;VerdictSearch.&lt;/strong&gt;&lt;/a&gt;&lt;strong&gt; &lt;/strong&gt;&lt;a href="http://www.law.com/jsp/tx/PubArticleTX.jsp?id=1202435898104"&gt;&lt;strong&gt;Discipline.&lt;/strong&gt;&lt;/a&gt;&lt;strong&gt; &lt;/strong&gt;&lt;a href="http://www.law.com/jsp/tx/PubArticleTX.jsp?id=1202435898245"&gt;&lt;strong&gt;Newsmakers.&lt;/strong&gt;&lt;/a&gt;&lt;/p&gt;</content:encoded>



<dc:creator>Colleen McGushin</dc:creator>
<pubDate>Mon, 30 Nov 2009 16:13:32 -0600</pubDate>

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<title>Cayce announces he’s stepping down from the 2nd Court</title>
<link>http://texaslawyer.typepad.com/texas_lawyer_blog/2009/11/cayce-announces-hes-stepping-down-from-the-2nd-court.html</link>
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<description>The chiefs are leaving their appellate benches in North Texas. First it was Linda Thomas, who left the center spot at Dallas' 5th Court of Appeals on Oct. 31. Now it’s John Cayce (pictured), who’s announcing he’ll leave his job...</description>
<content:encoded>&lt;p&gt;&lt;a href="http://texaslawyer.typepad.com/.a/6a00d83469361a53ef012875f3ed67970c-pi" style="FLOAT: left"&gt;&lt;img alt="JCayceBW" class="asset asset-image at-xid-6a00d83469361a53ef012875f3ed67970c " src="http://texaslawyer.typepad.com/.a/6a00d83469361a53ef012875f3ed67970c-120wi" style="MARGIN: 0px 5px 5px 0px" /&gt;&lt;/a&gt; The chiefs are leaving their appellate benches&amp;#0160;in North Texas. First it was Linda Thomas, who left the center spot at Dallas&amp;#39; 5th Court of Appeals on Oct. 31. Now it’s John Cayce (pictured), who’s announcing he’ll leave his job as chief justice of Fort Worth’s 2nd Court of Appeals on Dec. 31. In a press release, Cayce writes he’ll join Fort Worth’s Kelly Hart &amp;amp; Hallman in the new year. “Serving the people of Texas as Chief Justice of the Second Court of Appeals has been a tremendous honor for which I am deeply grateful,”&amp;#0160;writes Cayce, who has served on the court for 14 years. “I have had the privilege of working with some of the finest appellate judges and court staff in the state, as well as many outstanding lawyers who practice before the Court. I am proud to have served with colleagues and friends of such high integrity and professionalism.” Cayce will be in good company at Kelly Hart. He’ll join David Keltner, a former 2nd Court of Appeals justice, in heading up the firm’s appellate section. The firm also snagged Len Wade, former judge of the 141st District Court in Tarrant County, earlier this year to join the firm’s litigation and appellate practice groups.&lt;/p&gt;
&lt;p&gt;-- &lt;em&gt;John Council&lt;br /&gt;&lt;/em&gt;&lt;/p&gt;</content:encoded>



<dc:creator>Colleen McGushin</dc:creator>
<pubDate>Mon, 30 Nov 2009 16:10:50 -0600</pubDate>

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<title>Be diverse or don’t get hired</title>
<link>http://texaslawyer.typepad.com/texas_lawyer_blog/2009/11/be-diverse-or-dont-get-hired.html</link>
<guid isPermaLink="true">http://texaslawyer.typepad.com/texas_lawyer_blog/2009/11/be-diverse-or-dont-get-hired.html</guid>
<description>Firms better have a diverse assortment of lawyers if they want to get the business of corporations that care about legal representation that reflects their customer base. That’s what a panel of three corporate general counsel told a meeting of...</description>
<content:encoded>&lt;span lang="EN"&gt;
&lt;p&gt;Firms better have a diverse assortment of lawyers if they want to get the business of corporations that&amp;#0160;care about legal representation that reflects their customer base. That’s what a panel of three corporate general counsel told a meeting of the Dallas Diversity Task Force today at the Dallas Bar Association’s Belo Mansion. &amp;quot;We’ll ask about diversity in the firm,&amp;quot; says Janet Dhillon, executive vice president and GC of JCPenney Co. Inc. &amp;quot;And if they don’t have a minority attorney recruitment program, well, why not?&amp;quot; The panel discussion was held in conjunction with the release of the task force’s Law Firm Diversity Report, which had some good and bad news about the state of employment of minority lawyers in Big D. Among the good news is that the percentage of equity partners in Dallas County’s 20 largest firms increased from 2008 to 2009. The bad news is that of the 900 equity partners at those firms, only 5 percent are minority lawyers. Retaining minority lawyers should fall on the shoulders of firm management, Dhillon told the audience. &amp;quot;Firm leaders need to understand why it’s important,&amp;quot; Dhillon says. &amp;quot;It comes down to firm leadership. They really need to take that on.&amp;quot;&lt;/p&gt;
&lt;p&gt;-- &lt;em&gt;John Council&lt;/em&gt;&lt;/p&gt;&lt;/span&gt;</content:encoded>



<dc:creator>Colleen McGushin</dc:creator>
<pubDate>Mon, 30 Nov 2009 16:07:30 -0600</pubDate>

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<title>Fashion Fridays: 10 mix-and-match items for no-stress holiday style</title>
<link>http://texaslawyer.typepad.com/texas_lawyer_blog/2009/11/fashion-fridays-10-mixandmatch-items-for-nostress-holiday-style.html</link>
<guid isPermaLink="true">http://texaslawyer.typepad.com/texas_lawyer_blog/2009/11/fashion-fridays-10-mixandmatch-items-for-nostress-holiday-style.html</guid>
<description>Recently I looked through some old family holiday photos. My mother, a phenomenal seamstress (a trait I did not inherit) used to create matching ensembles for me, my brother and two sisters each Christmas. In this particular batch of photos,...</description>
<content:encoded>&lt;p&gt;Recently I looked through some old family holiday photos. My mother, a phenomenal seamstress (a trait I did not inherit) used to create matching ensembles for me, my brother and two sisters each Christmas. In this particular batch of photos, we were clad head-to-toe in thick, red velvet. Granted, it was the early 1980s, when velvet overload wasn’t exactly a crime, but the restraint my brother showed by suffering through wearing homemade red velvet trousers to visit two sets of grandparents and an eccentric great aunt that year was tremendous. Thankfully, my mother’s sewing has evolved to creating practical things like aprons and bathrobes; when we are lucky enough to be together for the holidays, the only wardrobe commonality among us these days is sweat pants. Unfortunately, sweat pants won’t fly for the company or client Christmas party. If you’re anything like me and are beginning to stress over the fact that there is only a single little black dress (LBD) in your closet that still fits but more than one holiday party on the calendar, take heart. Spend a little time to gather the following 10 items from your own closet or from one of the various department store sales going on:&lt;/p&gt;
&lt;ol&gt;
&lt;li&gt;Your LBD – sleeveless or cap sleeved if possible, 
&lt;li&gt;A long strand of pearls, 
&lt;li&gt;A colored shawl or scarf, long and wide, 
&lt;li&gt;A white button-down shirt, 
&lt;li&gt;Metallic or black evening shoes or sandals, 
&lt;li&gt;&amp;#0160;One pair of opaque or patterned tights (black is best), 
&lt;li&gt;One pair of large gemstone stud earrings, 
&lt;li&gt;Jeweled brooch, 
&lt;li&gt;Metallic or patent black skinny belt, and&amp;#0160; 
&lt;li&gt;An evening clutch. &lt;/li&gt;
&lt;/li&gt;&lt;/li&gt;&lt;/li&gt;&lt;/li&gt;&lt;/li&gt;&lt;/li&gt;&lt;/li&gt;&lt;/li&gt;&lt;/li&gt;&lt;/ol&gt;
&lt;p&gt;Now that you&amp;#39;re outfitted, see the following suggestions for mixing and matching these items to suit different holiday party situations.&lt;/p&gt;
&lt;ul&gt;
&lt;li&gt;&lt;em&gt;A formal affair:&lt;/em&gt; Word on the street is that many firms have cut their lavish holiday parties this year. But if you find yourself headed to a charity event or fancy ball, pair your LBD with the pearls, doubled or tripled up around your neck, and pin the strands together on one side with the jeweled brooch. Step into your evening sandals (with a tidy pedicure, of course), wrap the scarf around your shoulders, finish off with the earrings, grab your clutch and &lt;em&gt;voilà &lt;/em&gt;– you’re set! 
&lt;li&gt;&lt;em&gt;Corporate party:&lt;/em&gt;&amp;#0160; Whether for a client or your own employer, I try to err on the side of “business casual.” Start with your white button-down and layer your LBD over it. Buckle the skinny belt around your waist, and finish off with sandals and earrings. For a bit of added sparkle, pin the brooch to your belt. 
&lt;li&gt;&lt;em&gt;Dinner party with friends and neighbors:&lt;/em&gt; These are occasions where I want to look put together but definitely need to maintain all-night comfort. Again, start with your white button-down. This time, wrap your shawl tightly around your waist like a towel, and gather the loose ends up to the side with the brooch. Add your black tights, sandals and pearls – this time in one long, bohemian strand. 
&lt;li&gt;&lt;em&gt;Family Christmas: &lt;/em&gt;Mine is usually spent lugging trunkfuls of packages around in the cold and from house to house. You need to be able to move freely but stay warm. Layer your white button-down on top of your LBD. Wrap your shawl around your shoulders so that it hangs down your front on either side. Wrap your skinny belt around your waist, over the shawl, so that it buckles in front. Make sure to layer on your tights for added warmth. If the sandals aren’t practical, substitute a pair of riding boots. The key to this outfit is all-day sustainability. 
&lt;li&gt;&lt;em&gt;New Year’s Eve:&lt;/em&gt; Each year when the clock strikes midnight, I inevitably will be at the one party I swore I’d leave two hours ago. It’s best to be prepared for any atmosphere, which means keep it simple. Start with your LBD over your black tights. Add your earrings, sandals, and -- for a little more glitz -- pin the brooch to a bobby pin and clip into one side of your hair. If it’s chilly, add the shawl or substitute&amp;#0160; a denim jacket or boyfriend blazer. Grab your clutch, make sure it contains a few extra dollars for a cab, and enjoy the evening! &lt;/li&gt;
&lt;/li&gt;&lt;/li&gt;&lt;/li&gt;&lt;/li&gt;&lt;/ul&gt;
&lt;em&gt;&lt;a href="http://texaslawyer.typepad.com/.a/6a00d83469361a53ef01157065aba0970c-pi" style="FLOAT: left"&gt;&lt;img alt="Kasia" class="at-xid-6a00d83469361a53ef01157065aba0970c " src="http://texaslawyer.typepad.com/.a/6a00d83469361a53ef01157065aba0970c-120wi" style="MARGIN: 0px 5px 5px 0px" /&gt;&lt;/a&gt; Kasia Benson is corporate counsel at Essilor of America Inc. in Dallas.&amp;#0160;She is also the founder of Wardrobe Peace, which provides sensible, “use what you’ve got” wardrobe consulting services to lawyers and other busy prof&lt;/em&gt;&lt;em&gt;essionals.&lt;/em&gt;</content:encoded>



<dc:creator>Colleen McGushin</dc:creator>
<pubDate>Fri, 27 Nov 2009 02:00:00 -0600</pubDate>

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