-- Brenda Sapino Jeffreys
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-- John Council
UPDATE: A statement on Bill White's campaign Web site reads as follows: "Since Friday a week ago Texans from all backgrounds and all regions have asked me to consider running to be our next Governor of Texas. Today I agree to consider running for Governor, and shall make a decision by Friday, December 4th."
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State of play: Some landowners are unhappy about leasing issues in the Barnett Shale. Senior reporter Brenda Sapino Jeffreys looks at a trio of firms that have banded together and signed up hundreds of clients. Lawyers Randal Mathis, Kip Petroff and Christopher Payne (from left to right) are ready to drill down.
Recusal motion: Senior reporter Mary Alice Robbins learns that a criminal defendant is trying to recuse 140th District Judge Jim Bob Darnell from his case. Why? The defendant alleges Darnell is beholden to the Lubbock County DA's Office for the way it handled a case involving the judge's son, Jared.
Anybody here?: Why is minority representation so low among law clerks at staff attorneys at the state's appellate courts? Senior reporter Mary Alice number looks at the numbers and talks to the judges.
Anatomy of Gray's: Merchant mariner, policeman, lawyer, judge. Senior reporter talks to a U.S. District Judge Gray Miller (pictured), who's patrolled the high seas and mean streets.
Inadmissible. Discipline. VerdictSearch.
Stee-rike! Baseball players cry foul on the Stanford receiver. Senior reporter Brenda Sapino Jeffreys sees how the refs called the plays.
Look your best: Corporate counsel and stylista Kasia Benson on painlessly updating your wardrobe, developing a signature style and the best fashion blogs.
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Advance man: 28 days after Baseline Oil and Gas Corp. of Houston filed a voluntary Chapter 11 petition, a judge confirmed the reorganization plan. Senior reporter Brenda Sapino Jeffreys talks to Rhett Campbell (pictured), one of the lawyers who made the quick turnaround happen.
Crunching the numbers: From firms to industries to businesses, check out the statistics on energy company litigation in federal districts courts in Texas for the first 10 months of 2009.
CREZ-y for you: Hannah Wiseman explores why the push to increase renewable energy capacity and transmit power means work for lawyers.
Tick-tock: Nolan Knight tracks some fast-approaching deadlines for emissions monitoring and reporting.
Danger in the pool: Norma Rosner Iacovo explains how to craft pooling clauses to avoid the results of Wagner & Brown Ltd. v. Sheppard.
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The U.S. Sentencing Commission today held its second day of hearings on federal sentencing guidelines in Austin. Edith Jones, chief judge of the 5th U.S. Circuit Court of Appeals, was one of the speakers at the morning session, held at the University of Texas School of Law. Jones’ first suggestion to the commission was to continue to seek advice from 5th Circuit judges to take advantage of their particular sentencing expertise. As Jones pointed out, the 5th Circuit handles about 18 percent of the entire federal criminal docket. During a break in this morning’s hearing, William K. Sessions III, the commission’s chairman, says the two days of hearings in Austin are part of a series of seven hearings that the commission is holding around the country to receive input on the sentencing guidelines. Sessions, a U.S. district judge for the District of Vermont, says the commission generally has heard from judges and others that the advisory system now in place is working well. But he says others have expressed concerns that the advisory system has increased disparities in sentencing, not only among different regions of the country but within individual courthouses. The commission will report to Congress on mandatory minimum sentencing and its relationship to sentencing policy by the end of October 2010, Sessions says.
-- Mary Alice Robbins
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One of the first things I noticed when I moved to Texas was the remarkably high number of beautiful manicures and pedicures. From French white to bright colors to tiny designs and jewels glued near the tips, I had never seen such elaborately cared-for nails. The casual, uneven-and-chipped approach I had always taken embarrassed me as a Dallas newcomer. Over time, I realized that most of these manicures and pedicures were helped along by acrylic and weekly trips to the nail salon. We certainly have an unlimited number of nail salons and spas to choose from in Texas cities and neighborhoods. I also came to enjoy the pampering of it all: hot towels, warm paraffin, a shoulder and foot massage, perhaps a glass of wine. Particularly considering my pathetic nail-care record in the past, I consider myself a bit of a nail salon connoisseur these days. My friends joke that I choose a restaurant based on its walking distance from my favorite salon (actually, it’s just that the salon's neighborhood has some terrific little places to eat, and I might as well grab a manicure if I’m going to be there for dinner anyway). Sometimes, which salon I visit will depend on my mood. If I’m feeling stressed I’ll visit a high-end spa for an artiste's heavenly pedicure. If I’m in a rush, I’ll dart in and out of a shop in a funky locale. When I’m feeling sociable, I hang out with the girls at my neighborhood shop and get a fantastic brow wax while I’m at it. I have even managed to persuade a few of my male friends into accepting the wonders of a regular pedicure for themselves. Like most everything else in life, a manicure can be a reflection of your style and personality. (No wonder my pre-Tex manicure was casual, uneven and chipped! Much better now: shiny-pink.) While those of us in the legal profession probably limit ourselves to more neutral polish hues and natural-looking nails, I recently came across a few inspiring trends I just had to share.
Kasia Benson is corporate counsel at Essilor of America Inc. in Dallas. She also is the founder of Wardrobe Peace, which provides sensible, “use what you’ve got” wardrobe consulting services to lawyers and other busy professionals.
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The Lubbock firm of Glasheen, Valles, Inderman & DeHoyos has sued State Comptroller Susan Combs and the firm’s former client Steven Phillips to prevent Combs from paying Phillips more than $1 million that the firm claims it is owed as a contingent fee. In its original petition in Glasheen, Valles, Inderman & DeHoyos v. Phillips, et al., filed Nov. 16 in a Travis County district court, the firm alleges that it is entitled to $1,024,166.67 on its contingent fee under a contract that Phillips signed in December 2008. Attached as an exhibit to the petition is the claim that Phillips filed Sept. 11 with the State of Texas Comptroller’s Office for about $4 million, half of which would be paid in a lump-sum amount and the rest to be paid in installments through an annuity. The money is compensation for 24 years Phillips spent in prison. In 2008, DNA testing exonerated Phillips of a sexual assault and burglary conviction. Glasheen, Valles alleges in its petition that Phillips discharged the firm and breached his contract with the firm after the firm “successfully procured a substantial increase in the compensation” that state law provides for persons in the same circumstances as Phillips. Glasheen, Valles further alleges that the comptroller has ignored the firm’s Nov. 13 claim and request for payment of the amount the firm claims it is owed. In its petition, the firm asks the Travis County court to enjoin the comptroller from paying Phillips until the resolution of Phillips v. Glasheen, et al. — which involves Phillips’ declaratory judgment suit against Kevin Glasheen and Glasheen, Valles and Glasheen’s counterclaim against Phillips — pending in the 95th District Court in Dallas. At Glasheen’s request, the 95th District Court canceled a temporary injunction hearing set for today in the Dallas case. Glasheen did not immediately return a telephone call seeking comment. R.J. DeSilva, spokesman for the comptroller’s office, says the comptroller’s office has not yet been served with the suit. Bob Bragalone, an attorney representing Phillips and a partner in Gordon & Rees in Dallas, says, “We’ll be arguing that it’s the state’s duty to pay him [Phillips].”
-- Mary Alice Robbins
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The committee tasked with helping pick a founding dean for the soon-to-open UNT Dallas College of Law may have a substantive update on its progress as early as the end of the month, according to Cynthia Hall, a spokeswoman for the UNT System. The first new public law school in Texas in more than 40 years will be located in downtown Dallas in the old municipal building. Hall says the dean selection committee has received "a lot of applicants" and "scheduled interviews." But, Hall says, she is reluctant to go into further details of the committee's activities, such as how many candidates are now under consideration and who they are, at this delicate stage. Lee Jackson, the chancellor of the UNT System, has set late January or February as the final deadline for dean selection, so whoever is chosen may prepare the school for classes that will start in the spring of 2011. The committee is led by U.S. District Judge Ed Kinkeade and Dallas' Godwin Ronquillo partner Marcos Ronquillo.
-- Miriam Rozen
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The Texas Access to Justice Commission (TAJC) in Austin recently gave St. Mary’s University School of Law its 2009 Law School Commitment to Service Award in recognition of the school’s efforts in serving the poor. “We are very passionate about providing services to the community and particularly to those members of the community who can’t get legal services anywhere else,” says Ana M. Novoa, associate dean for clinical education and public interest for the San Antonio law school. Novoa notes that working with homeless people, for example, presents unique challenges for volunteer attorneys. “They won’t come into the office, they don’t have telephones and they don’t have places where you can send mail,” she says. “We focus on the populations that are difficult for other people to service.” The law school’s Center for Legal and Social Justice includes three clinical programs that handled 1,465 cases and served 2,700 people during 2008, Novoa says. “During that calendar year we obtained $22,089 in monthly benefits and $295,026 in lump sum benefits for our clients, most of whom were homeless,” she says. The clinical programs represent clients in matters including family law issues; Social Security disability claims; consumer claims including identity theft, misdemeanors and low grade felonies; and deportation proceedings, Novoa says. The TAJC’s award, which was presented to St. Mary’s law school on Nov. 16, recognizes an American Bar Association-accredited Texas law school for advocating for underserved populations and providing pro bono legal service opportunities to its students, according to information on the TAJC Web site. Another criteria considered by the TAJC is the number of the law school’s legal services student groups. “We are passionate about teaching our students not just law, but how to practice law, and in a way that recognizes and supports the enormous need there is for legal services in the community,” she says.
-- Jeanne Graham
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