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Androvett Blog

by Robert Tharp at 4:35:00 pm

The music industry had poor results going after illegal file sharers with a big stick, threatening big civil penalties for those downloading music without paying royalties. As
Apple wrestles with the growing popularity of unauthorized iPhone applications, the company has fewer options for going after scofflaws since the civil penalty for the process known as "jailbreaking" may only be $2,500. But John Mockler, an intellectual property attorney at Munck Carter, says iPhone owners may be less likely to risk downloading unauthorized software of dubious origin that could damage their phones. "People may be less willing to take a chance with their iPhones, especially if downloading software someone literally made in their garage." To interview Mr. Mockler about iPhone jailbreaking, contact Mark Annick at 800-559-4534 or mark@androvett.com.

by Robert Tharp at 4:21:54 pm

The Obama stimulus package stands to have a dramatic impact on health care in the U.S., from health care subsidies for unemployed workers to incentives to promote

the use of health information technology and encourage the use of the most-effective medical treatments. Kathy Poppitt, a healthcare attorney with Thompson & Knight in Austin, says security and privacy rules known as HIPAA also get a shot in the arm from the stimulus package. Language in the stimulus broadens the reach of criminal penalties while establishing a tiered system of civil money penalties, she says. "State attorneys general now will have the authority to bring suit in federal district court against providers and business associates who violate the regulations. To date, there has not been a cause of action allowing an individual to receive damages for a HIPAA violation." To interview Ms. Poppitt about the plan's provisions or HIPAA, contact Barry Pound at 800-559-4534 or barry@androvett.com.

by Robert Tharp at 1:56:29 pm

As if mortgage problems couldn't get any more complicated, consider for a moment something called "Option ARMs." These adjustable-rate lending vehicles are often
sought by savvy borrowers with higher credit scores for a variety of specific purposes. Now there are real concerns that even these borrowers are at risk of defaulting. At stake is nearly $750 billion in such Option ARM mortgages, says  attorney Kenneth Johnston of Dallas' Kane Russell Coleman & Logan. "As this economy stalls further, and more adjustable rate loans recast during 2009 and 2010, we could see a re-do of the subprime problem," Johnston says. "The shock factor for most lenders and consumers may be gone as reality sets in. We'll have to see how the new foreclosure prevention plan will work as banks attempt to shore-up their balance sheets," he says. To interview Mr. Johnston, contact Barry Pound at 800-559-4534 or barry@androvett.com.

by Robert Tharp at 1:41:07 pm

White-collar defense lawyer Dan Cogdell says get ready for string of half-cocked probes
Stung by well-deserved criticism that the Securities and Exchange Commission was far too slow to act on the $50 billion collapse of Bernard Madoff's investment funds,
Houston white-collar defense attorney Dan Cogdell says get ready for the pendulum to swing the other way in terms of SEC probes. Cogdell expects overreactions and half-cocked investigations from the SEC as the agency tries to repair its reputation. The civil charges against Houston-based Stanford Financial Group show such signs, he says. "Like any bureaucracy that has been criticized for inaction, it is now far more likely that the SEC will overreact and be quick to presume misconduct," he says. Like Madoff but on a smaller scale, federal investigators say that Stanford misled investors with fabricated historical investment data and false promises. "Whether its actions were truly malignant or in fact benign, Stanford almost certainly will receive an initial diagnosis of cancer. Anyone who expects objectivity on the part of an investigating agency will be sorely disappointed." To interview Mr. Cogdell about the defense of financial fraud claims, contact Alan Bentrup at 800-559-4534 or alan@androvett.com.

 

by Robert Tharp at 3:46:14 pm

Over at Lynn Tillotson Pinker & Cox, Trey Cox has penned an interesting piece for the National Law Journal that focuses on the increasing challenge that trial lawyers
face communicating with distracted and zoned-out jurors. While Trey's article focuses on the attention economy in the courtroom setting, the analysis offers something for everyone. Let's face it as wireless bandwidth has increased, human bandwidth has narrowed dramatically. Trey borrows from leading business-world thinkers like Made to Stick authors Chip and Dan Heath and Thomas Davenport and John Beck's influential book, The Attention Economy to offer some great takeaways for communicating to distracted jurors.

Juror 12 is adrift. It's not that he doesn't care about the contract dispute tediously unfolding in the courtroom. Who knows -- he might be the kind of natural leader who can rally 11 wafflers behind closed doors during deliberations. The real problem with this hopelessly distracted juror is his irrepressible urge to grab his BlackBerry, manage his bloated e-mail folder and cram as much business as possible into each recess.

Meet today's juror, so overloaded with information that he can barely focus on the important things in his own life. Chances are, more than half the jurors on any given panel belong to Generation X or, even worse, Generation Y -- raised with a television in every room, surfing the Internet, cell phones in their pockets and iPods in their ears. MORE

The piece has already gotten picked up on Twitter and the Interwebs.

by Robert Tharp at 1:33:39 pm

Family law attorney Mary Jo McCurley says key is to neither overblow nor ignore special day
The expectations of Valentine's Day can be a minefield for struggling couples who may be heading for divorce. Ignoring the special day can make a bad situation

unbearable. But going to the opposite extreme be an even bigger mistake, says family law attorney Mary Jo McCurley of McCurley Orsinger McCurley Nelson & Downing. "If you receive roses with a sentimental card filled with commitment, then three weeks later receive divorce papers, the entire process is going to start on a heightened emotional level that might be hard to temper," she says. "Not only might the divorce itself be more contentious, but it could play a role in the proceedings as the court will hear about it and draw its own conclusions as well." To interview Ms. McCurley regarding family law issues, contact Rhonda Reddick at 800-559-4534 or rhonda@androvett.com .

by Robert Tharp at 2:40:59 pm

Thompson & Knight attorneys orchestrate one of the biggest oil-and-gas deals in Peruvian history
So investors in Korea and Columbia put together a mammoth $900 million deal to purchase a Peruvian energy company. What's that got to do with Texas, you ask?

Well, Attorneys in Thompson & Knight's Houston office helped orchestrate the deal as outside counsel for the two buyers, Korea National Oil Corporation and Ecopetrol SA of Columbia. The two firms now each have 50 percent interest in Offshore International Group Inc and its subsidiary, Petro-Tech. Petro-Tech is engaged in the exploration, development, production, and processing of hydrocarbons and is Peru's third-largest crude-oil producer at 12,000 barrels per day.

This acquisition represents one of the largest Peruvian oil and gas deals in recent history and allows KNOC and Ecopetrol to greatly increase their production capabilities. The Thompson & Knight team advising on this project was led by Partner Jerry L. Metcalf and Associate Todd Chen, both from the Firm's Houston office. The team which assisted on this transaction included Sarah E. McLean, Louis J. Davis, Ben H. Welmaker Jr., Pablo C. Ferrante, John R. Cohn, Janet P. Jardin, C. Stoddard (Todd) Lowther II, Nicholas F. Tsai, Mayuca V. Salazar, and Iván Pérez-Arteche. The agreement between the companies was finalized on February 5, 2009.
KNOC is the national oil and gas company of South Korea and one of the most important industrial companies in the country. The company operates oil and gas fields around the globe and had a reported oil production of more than 860.2 million barrels in 2008.
Ecopetrol, the Colombian national oil company, is an integrated oil and gas company ranked among the world's 40 largest energy companies. It is also the largest corporation in Colombia as well as the principal oil and gas company in that country.

by Robert Tharp at 1:54:03 pm

Computer forensics expert Erin Nealy Cox of Stroz Friedberg says companies should have a plan, use common sense when dealing with spam e-mail and electronic threats
Those spam e-mails that bloat your Outlook inboxes aren't just annoying, they also threaten to propagate dangerous computer viruses. Even spammers know that love
can make people do crazy things, so it's not surprising that they've latched onto Valentine's Day to spread e-mail viruses. As snopes.com confirms, spammers are using e-mails with syrupy Valentine's messages in the subject heading to spread the "storm worm," just like they did in 2007. The same virus has been adapted for e-mail messages about the Obama inauguration and a range of other current events. It's not an elaborate ruse, but it's effective.

Erin Nealy Cox, a deputy general counsel and managing director at computer forensic firm Stroz Friedberg's Dallas office, says the potential for such e-mail viruses should serve as a reminder for businesses and individuals to bone up on computer security practices and review e-mail habits. "Computer viruses and electronic security pose enormous financial risks," she says. "Every company should have an information security plan, from defending against viruses to preventing data breaches and responding to litigation." The virus behind the Valentine's Day e-mails has subject lines including "With all my love" and "Me and you." To speak with Ms. Cox about computer forensics, contact Robert Tharp at 800-559-4534 or robert@androvett.com.