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Dallas Bar AssociationHEADNOTESNovember 2010 Volume 34 Number 11Haynes and Boone:Pro Bono Firm of the Yearby Rob RamageThe Dallas Volunteer Attorney Program(DVAP) presented the Dallas Office of Haynesand Boone LLP with the Pro Bono Law Firm ofthe Year Award at the annual awards receptionOctober 28.Each year, DVAP, a joint project of the Dallas Bar Association and Legal Aid of NorthwestTexas, honors the lawyers, judges and other legalprofessionals who donate pro bono services.This year, the award for Pro Bono Law Firmof the Year was given to the Dallas Office ofHaynes and Boone. Haynesand Boone has made a firmwide commitment to providing pro bono services notonly here in Dallas, but alsonationwide, proving theirmotto of “serving the common good where we liveand practice” to be a reality. Serving the local Dallascommunity, as well as others, is not a new concept at Haynes and Booneas their Pro Bono/Public Service Committeewas formed nearly 20 years ago.In 2010, Haynes and Boone donated nearly1,500 hours of pro bono services to DVAP clients, and numerous partners and associates inthe firm’s Dallas office participated in the program by staffing clients or taking cases. Haynesand Boone partner Jonathan Wilson said that“providing pro bono services to our communityand those in need is something very importantto us here at Haynes and Boone.” Mr. Wilsonadded that “providing pro bono legal services isencouraged at all levels throughout Haynes andBoone and is something we are honored to do.”At Haynes and Boone, each attorney isencouraged to aspire to at least 50 hours of probono legal service per year, reporting them inthe same fashion as they report billable hours.Obtaining 17,500 pro bono hours annually is atestament to the commitment that Haynes andFocusBoone has made to providing pro bono services.Pro Bono matters undertaken by Haynes andBoone have been as diverse as society’s needsand consist of: helping abused and neglectedchildren, death penalty cases, assisting indigentclients with matters involving family violence,landlord tenant litigation, estate matters, seekers of political asylum who face violence ordeath if they return to their home countries, andassisting with the diverse legal needs of manyfine charitable causes and shelters. Haynes andBoone is also a very active participant in theEast Clinic where they routinely screen candidates for pro bono services,provide legal guidance andaccept pro bono cases asneeded.Haynes and Boonerecently paired up withthe in-house legal department at American Airlinesto support DVAP and toincrease and enhance probono services in Dallas.After conducting an in-house training session,Haynes and Boone enlisted more than 30 volunteer attorneys and accepted 17 cases.In addition to Haynes and Boone’s pro bonowork with DVAP, the firm is also involved inother pro bono activities throughout Dallas,including Camp Fire U.S.A., Goodwill Industries of Dallas, Human Rights Initiative ofNorth Texas, Justice for Children, Kids in Needof Defense, National Center for Missing andExploited Children, Promise House, State Barof Texas Access to Justice Commission and Volunteer Legal Services of Central Texas.DVAP congratulates Haynes and Boone asthe 2010 Pro Bono Firm of the Year and thankseach and every one of its attorneys for their service and commitment to providing these proHNbono services. Rob Ramage is a Member of the Dallas Office of Dykema Gossett. He canbe reached at RRamage@dykema.com.Focus Intellectual Property LawPro Bono Lawyer of the Year:Sean M. Whyte, Jones Dayby Jessica D. SmithSean M. Whyte, an associate at JonesDay, was presented the Dallas VolunteerAttorney Program (DVAP) Pro BonoLawyer of the Year Award at the annualawards reception October 28.Mr. Whyte donated more than 700hours to the Dallas Volunteer AttorneyProgram during a 12-month period.A 2004 graduate of The University ofTexas at Austin Law School, Mr. Whytepractices general civil litigation and hasassisted in the defense of clients in toxictort, intellectual property and securitiescases in state and federal courts. He also hassignificant class action experience, having participated in the defense of severalclass actions in federal courts throughoutthe country. Before joining Jones Day, Mr.Whyte completed all of the course requirements for a doctoral degree in philosophyand taught at several small colleges inMichigan and Ohio.In 2009, Mr. Whyte served as JonesDay’s second attorney to participate inthe Lend-A-Lawyer program, which isa unique program in which a firm commits to pay one associate attorney’s normal salary and benefits while that attorney works in-house for the Dallas Volunteer Attorney Program. He workedon matters including contract disputes,divorces, SAPCRs, consumer mattersand landlord/tenant disputes.According to coworkers at DVAP, Mr.Whyte was always willing to step up andhelp out, particularly in cases with deadlines quickly approaching where theywould have had extreme difficulty findinganother pro bono lawyer willing to acceptthe case. He even took one of the probono consumer cases all the way througha jury trial in Justice Court in 2009, working under severe time pressure.As part of the Lend-A-Lawyer program,Mr. Whyte said he “enjoyed being able tolevel the playing field for people who werepreviously pro se in cases where the opponent had counsel. [Pro bono work] is agreat opportunity to grow as a lawyer.”Mr. Whyte is oneof the founding members of the Jones DayDallas Associate ProBono Committee.This committee haspartnered with several of the pro bonoservice providers inDallas,includingtheDallasVolunteerSean M. WhyteAttorney Programand Legal Aid of NorthWest Texas, tohelp staff emergency pro bono cases withJones Day partners and associates.“In addition to being a fine lawyerand committed to pro bono, Sean is adelightful person who has been an excellent ambassador for Jones Day, DVAPand pro bono overall,” said DBA President Ike Vanden Eykel.Mr. Whyte has helped staff legal clinics and has assisted in the representationof DVAP clients, as well as Jones Daypro bono clients, since he began practicing law in 2004. He has also participatedin numerous DVAP clinics, includingSouth Dallas, East Dallas, Garland andHNthe Wills Clinic. For more information about DVAP or pro bono opportunities, visit www.dallasvolunteerattorneyprogram.org or contact Alicia Hernandez at ahernandez@dallasbar.org. Jessica D. Smith is the DBA’s Communications/Media Director.She can be reached at jsmith@dallasbar.org.Intellectual Property LawUsing a Residuals Clause In a Nondisclosure Agreementby Jonathan K. HustisYour client wants to look at confidential informationfrom a prospective business partner or acquisition targetand has been asked to sign a nondisclosure agreement.Before you sign and receive any confidential information,why should you consider using a “residuals clause” and othermeasures to protect your client?Background: The Risk of ContaminationThe review of another company’s secrets may contaminate your client’s reviewing employees and inhibit its ability to use them on future assignments. That may impactyour plans to move into markets where the disclosing partyalso intends to operate.Here’s why. In trade secret and employment law, courtshave permitted claims where former employers have used thedoctrines of “misappropriation by memory” and of “inevitable disclosure” to seek injunctive relief against an employeewho had gone to work for a competitor. The most prominent recent lawsuit advancing this theory was reported thismonth in the September 7 The New York Times. Reporting on HP’s California lawsuit against its former CEO MarkHurd, the Times said that “[t]he suit accused Mr. Hurd ofviolating his severance agreement to protect HP’s confidential information by taking a job as co-president of Oracle,Inside5IP Due Diligence in Mergers & Acquisitions8DBA Salutes Veterans11 Intellectual Property in Corporate Transactions13 Trademark Basics for Small Businesses—Common Pitfallsan HP rival and partner.” In these cases the claimants allegethat the former employee has necessarily retained tradesecrets in memory and that the former employee cannothelp but employ that information in his or her new positionwith the competitor.The same concepts logically apply to the situation where areceiving company returns or destroys the confidential information in tangible, written form, but then uses its same employees who reviewed that information in competition against thedisclosing company. The disclosing party may claim that byusing these employees in a competitive activity, the receivingcontinued on page 12
2 He a d n o t e s l D a l l a s B a r A s s o ciationCalendarNovember EventsNOVEMBER 5 – BeloNoon“The Best Defense Is A Strong Offense: Navigating Patent Litigation,” Tonya Gray and Kacy Miller.(MCLE 1.00)*. RSVP to kzack@dallasbar.org. At Two Lincoln Centre, 5420 Lyndon B. Johnson Frwy.,Suite 240 Dallas, Texas 75240. Parking is available in the Visitor’s Lot located in front of the entrance to Two and Three Lincoln Centre. There are several delis within the building. Food is allowedinside the Conference Center. Thank you to our sponsor, Griffith Nixon Davison, P.CTax Section“International Tax Primer,”Willie Hornberger. (MCLE 1.00)*5 p.m.TUESDAY, NOVEMBER 2Corporate Counsel Section“Ripped from the Headlines: The Story Behind theCorporate Fraud Headlines,” Susan Hartman andSusan Markel. (MCLE 1.00)*Tort and Insurance Section“Recent Insurance Cases at the Fifth Circuit,”Hon. Catharina Haynes.(MCLE 1.00)*6 p.m.Home Project CommitteeLaw Day CommitteeMorris Harrell Professionalism Committee“Texas Disciplinary Rules of ProfessionalConduct,” Linda Eads. (Ethics 1.00)*DAYL CLE Committee“Capital Punishment on Trial: Furman v.Georgia and the Death Penalty in ModernAmerica,” Dr. David M. Oshinsky. Sponsoredby the Appellate Law Section, Criminal LawSection, CLE Committee, and Legal HistoryDiscussion Group, The J.L. Turner LegalAssociation, and The Department of History ofthe University of Texas at Austin. (MCLE 1.00)*Employee Benefits/ExecutiveCompensation Section“DOL/EBSA Dallas Region Update,”Susan Hensley. (MCLE 1.00)*Solo & Small Firm Section“Future of Estate Planning in UncertainTimes,” Joe Chenoweth and Lynn Smith.(MCLE 1.00)*Dallas Hispanic Bar Association“The Emerging Hispanic Workforce—FromI-90s to English Only Rules and Beyond,”Fred Gaona, Jamie Ramon, Gail Salcido andMaricela Siewczynski. (MCLE 1.00)*FRIDAY, NOVEMBER 5Noon3:30 p.m.Friday Clinic – Belo“Top 10 Cocktail Party Topics,” Cass Callaway,Liza Farrow-Gillespie, Hon. Dennise Garciaand Jennifer M. Trulock. (MCLE 1.00)*7:45 a.m.Dallas Area Real Estate LawyersDiscussion GroupNoonFamily Law Section“Understanding the Diagnosis and Treatment ofAddiction” and “Helpful Ideas on How to Interactwith Clients who Have Personality Disorders,”Chris Jones and Mary Sanger. (MCLE 1.00)*Sports & Entertainment Section“Legal Aspects of Purchasing a Major LeagueBaseball Club out of Bankruptcy,”Chuck Greenberg. (MCLE 1.00)*5:15 p.m.District Attorney Forum Held at BeloLegalLine—Volunteers welcome.Second floor Belo.Collaborative Law Section“Ethical Implications of the Use of Cooperative Law,”Norma L. Trusch, Esq. (MCLE 1.00, Ethics 0.50)*Christian Legal SocietyUPL Subcommittee3:30 p.m.DBA Board of Directors5:30 p.m.DBA New Member Reception. Honoring ourNew DBA Members and Newly LicensedAttorneys. For more information, contact KimWatson at kwatson@dallasbar.org. or(214) 220-7414.FRIDAY, NOVEMBER 198 a.m.Publications CommitteeDallas Asian American Bar AssociationJ.L. Turner Legal AssociationFRIDAY, NOVEMBER 12Friday Clinic – North Dallas*“The Best Defense Is A Strong Offense: NavigatingPatent Litigation,” Kacy Miller and Tonya Gray.(MCLE 1.00)Noon11:45 a.m. J. Reuben Clark SocietyNoonNoonCriminal Justice CommitteeTUESDAY, NOVEMBER 23NoonTUESDAY, NOVEMBER 168:30 a.m.NoonJustice in Education Symposium, speakersinclude Dr. Michael Hinojosa, Hon. Teresa GuerraSnelson and more. Registration 35, includeslunch. RSVP to ahernandez@dallasbar.orgGovernment Law Section“Three Secrets to Effective Witness Presentation,”Asst. U.S. Attorney Shane Read. (MCLE 1.00)*International Law SectionTopic Not Yet AvailableCommunity Involvement CommitteeEntertainment CommitteeLaw in the Schools and Community CommitteeDAYL Animal Welfare CommitteeDAYL Elder Law CommitteeThe DBA Public Forum Committee hosted a District Attorney Forum for the two candidates forDallas County DA: Craig Watkins and Danny Clancy. The event was moderated by KXAS-TVreport Ken Kalthoff (back, center). Other participants of the event included panelists (front row,left to right) Russell Wilson II, Sandy Grayson and Laura Benitez-Geisler; and Cheryl Camin,Committee Co-Chair. (Back row, left to right) Aaron Tobin, Committee Vice Chair; Mr. Kalthoff;Vincent Ansiaux, Committee member; and Philip Kingston, Committee Co-Chair.Securities Section“Get Ready—Shareholder Proxy Access is Here,”C. Alex Frutos and Kevin Jones. (MCLE 1.00)*Computer Law SectionTopic Not Yet AvailableMONDAY, NOVEMBER 15Labor & Employment Law Section“Cyber Issues in Employment Law: How Internet,Email and Technological Advances are CreatingWorkplace Headaches,” Mike Birrer and AngelinaLaPenotiere. (MCLE 1.00)*Friday Clinic – BeloTopic Not Yet AvailableMONDAY, NOVEMBER 22Trial Skills Section“Ethical Issues in Discovery: What You Do or Don’tDo In Discovery Can Hurt You At Trial,” Kirby Drake.(MCLE 1.00)NoonJuvenile Justice Committee, “Off the BeatenPath: Engaging Parents, Children And Families inCPS Cases,” 8 a.m. -4:30 p.m. Numerous topicsand speakers. For more information, contactAHernandez@dallasbar.org. (MCLE 6.25,Ethics 1.00)*Tort and Insurance Practice Section“Trial Practice Essentials: Tools You Need to WinYour Case,” (MCLE 5.25, including .5 Ethics)*Christian Lawyers Fellowship6 p.m.Appellate Law Section“The Law Governing Jury Selection,”Hon. Jim Jordan. (MCLE 1.00)*Minority Participation CommitteeAdmissions and Membership CommitteeBusiness Litigation Section“The Personal Injury Lawyer Handling CommercialLitigation,” Frank Branson. (MCLE 1.00)*Mergers & Acquisitions Section“Panel Discussion on Developments in DistressedNoon11:45 a.m. DAYL Barristers for BabiesNoonLegalLine—Volunteers welcome.Second floor Belo.THURSDAY, NOVEMBER 18THURSDAY, NOVEMBER 11TUESDAY, NOVEMBER 9Noon5:15 p.m.Dallas Gay and Lesbian Bar AssociationHouse Committee11:30 a.m. Federalist SocietyReal Property Law Section“Acquisitions and Dispositions of Non-Performingand Sub-Performing Mortgage Loans,” William T.Cavanaugh, Jr. (MCLE 1.00)*Non-Profit Law Study GroupAntitrust & Trade Regulation Section“Federal Trade Commission Update,”Commissioner Edith Ramirez. (MCLE 1.00)*4 p.m.DBA Annual MeetingAlternative Dispute Resolution Section“Dealing with Egomaniacs, Jerks and Subterfugein Mediations,” Hesha Abrams. (MCLE 1.00)*Municipal Justice Bar AssociationCLE CommitteeMONDAY, NOVEMBER 8NoonPro Bono Activities CommitteeWEDNESDAY, NOVEMBER 10Family Law Section BoardSt. Thomas More SocietyWEDNESDAY, NOVEMBER 3NoonSenior Lawyers CommitteeLawyer Referral Service CommitteeMentoring CommitteeEnergy Law Section“Online County Filings and Court Records,”Robert J. Stack. (MCLE 1.00)*4 p.m.Bankruptcy & Commercial Law Section“Fiduciary Duties – In and AroundBankruptcy,” Ian E. Roberts and Joseph J.Wielebinksi. (MCLE 1.00)*Construction Law Section“The Impact of Recent Insurance CoverageDecisions on the Construction Industry,” LeeShidlofsky. (MCLE 1.00)*NoonHealth Law Section“Chapter 74’s Unanswered Questions,”Charles Josef Blanchard.” (MCLE 1.00)*THURSDAY, NOVEMBER 4NoonWEDNESDAY, NOVEMBER 17DVAP New Lawyer Luncheon. For moreinformation, contact Chris Reed-Brown atreed-brownc@lanwt.org.Legal Ethics CommitteePublic Forum CommitteePeer Assistance CommitteeNoonDAYL Equal Access to Justice CommitteeTopic Not Yet AvailableMONDAY, NOVEMBER 1NoonMergers & Acquisitions.” (MCLE 1.00)*“Top 10 Cocktail Party Topics,” Cass Callaway, Liza Farrow-Gillespie, Hon. Dennise Garciaand Jennifer M. Trulock. (MCLE 1.00)*NOVEMBER 19 – BeloNoonVisit www.dallasbar.org for updates on Friday Clinics and other CLEs.FRIDAY CLINICSNOVEMBER 12 – North Dallas**NoonNovem ber 2010Probate, Trusts & Estates Section“Multiple Party Representation Ethics,” Bill Elliott.(Ethics 1.00)*Courthouse CommitteeAmerican Immigration Lawyers Association6 p.m.Dallas Hispanic Bar AssociationWEDNESDAY, NOVEMBER 24NoonJuvenile Justice CommitteeTHURSDAY, NOVEMBER 25DBA Offices Closed for Thanksgiving HolidayFRIDAY, NOVEMBER 26DBA Offices Closed for Thanksgiving HolidayMONDAY, NOVEMBER 29NoonNo DBA Meetings ScheduledTUESDAY, NOVEMBER 30NoonNo DBA Meetings ScheduledDBA Justice in Education SymposiumTuesday, November 16 8:30 a.m. to 1:30 p.m. Belo MansionSpeakers include DISD Supt. Dr. Michael Hinojosa, Susan Hoff, Rene Martinez and various panels.The Jack Lowe Sr. Award for Community Leadership will be presented toCharles “C.J.” Johnson during the luncheon.Registration 35, includes lunch. Contact Alicia Hernandezat (214) 220-7499 or ahernandez@dallasbar.orgIf special arrangements are required for a person with disabilities to attend a particular seminar, please contact Cathy Maher at 214/220-7401 as soon as possible and no later than two business days before the seminar.All Continuing Legal Education Programs Co-Sponsored by the DALLAS BAR FOUNDATION.*For confirmation of State Bar of Texas MCLE approval, please call Teddi Rivas at the DBA office at 214/220-7447.**For information on the location of this month’s North Dallas Friday Clinic, contact KZack@dallasbar.org.
N ove mb e r 2 0 10D al l as Bar A ssoci ati on l Headnotes 3Goranson, Bain, Larsen, Greenwald, Maultsby & Murphy, PLLCDallas 214.373.7676 Plano 214.473.9696 :: gbfamilylaw.com
4 He a d n o t e s l D a l l a s B a r A s s o ciationNovem ber 2010HeadnotesPresident's ColumnPublished by:DALLAS BAR ASSOCIATIONMore Hidden Treasuresby ike vanden eykelAs 2010 begins to wind down, I feel compelled to highlight several more important members of TEAM DBA that don’t alwaysget the recognition they deserve, especially when you consider howimportant they are to our overall success. As with any team youassemble, it takes the consistent work and execution of all membersof the team to be able to achieve the best possible result from yourefforts. TEAM DBA is no exception to that principle.Dallas Lawyers AuxiliaryThis organization has been a part of TEAM DBA for manydecades. Some people are aware that the festive look of our BeloMansion during the holidays is due to the hard work and precisionof this group. They annually turn our headquarters into a holidaydestination and our thanks go out to them for this effort. They alsosponsor the annual Justinian Award and banquet, which is one ofthe most successful events at the Belo Mansion each year.Since 1987, the Dallas Lawyers Auxiliary has alsodistributed a booklet, Now You Are 18, to highschool seniors in Dallas County. In Octoberthese booklets were again delivered to requestinghigh schools and others such as judges with teensunder their supervision, rehab organizations andcitizenship classes. The booklet covers subjectssuch as marriage, making contracts, jury service,drinking and driving, apartment leasing andmilitary service. Schools may disseminate thisinformation in government classes or in homerooms and libraries. The Dallas Lawyers Auxiliary piloted this program originally, and it is nowavailable in 239 counties in Texas. A copy of thisgreat piece of literature can be obtained by contacting Marianne Gwinn, DLA Third Vice President, at (214) 528-7144 or Marianne@gwinn.net.As a quiet partner in the success of the DBA, we salute theDallas Lawyers Auxiliary. Your support of TEAM DBA continuesto be extremely important and much appreciated.Our Sister Bar AssociationsWhen Team DBA takes the field, it does so with the supportof several important and significant bar associations who work asintegral
Litigation,” Frank Branson. (MCLE 1.00)* Mergers & Acquisitions Section “Panel Discussion on Developments in Distressed Mergers & Acquisitions.” (MCLE 1.00)* DAYL Equal Access to Justice Committee DVAP New Lawyer Luncheon. For more information, contact Chris Reed-Brown at r
