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Androvett Blog

by Erin Dooley at 9:40:00 am

 

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Bombarded with voicemails, emails, faxes, texts and tweets, many businesspeople are hoping to cut down on digital clutter. 

A recent New York Times blog post suggests that professionals simply eliminate social niceties. Gestures like saying “hello” in an email, sending a thank-you note, or leaving a voicemail have become passé – disrespectful, even – according to the blog. 

“Of course, some people might think me the rude one for not appreciating life’s little courtesies,” author Nick Bilton admits. “But many social norms just don’t make sense to people drowning in digital communication.”

Though commenters have lamented Bilton’s lack of civility and even called him a “digital jerk,” he makes a valid point: though (or perhaps because) we’re constantly plugged into technology, we can’t keep up with it. And in a sea of digital messages, we need to find a way to stay afloat. 

We’ve all been the author of important emails that remained unopened in a recipient’s inbox or voicemails that went unanswered.  

Bilton suggests that rather than leave repeated voicemail messages urging colleagues to respond to an old email, people should respect colleagues’ time by communicating via text or tweet – or not at all. 

Cut the fluff, he opines. Eliminate the niceties and stick to essential information only. 

But while some may appreciate Bilton’s efforts at brevity, others may be offended by impersonal texts or 140-character tweets. Worse still, they may be put off by what some call techno-elitism, the assumption that everyone wants to use (or can pay for) advanced technology.  

The solution may be simple. Ask your coworkers which method of communication they’d prefer.  Then, mimic their communication style. If they include email salutations and send snail mail, it’s likely they value traditional decorum. If their emails are succinct, chances are, they’d prefer yours be brief too.  

by Robert Tharp at 10:40:00 am

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A bill that would give property owners a streamlined way to finance conservation and clean energy improvements is headed for Texas Governor Rick Perry’s desk.
Known as PACE(Property Assessed Clean Energy), the legislation is designed to provide an innovative and market-based solution to overcome one of the most vexing hurdles for achieving widespread investment in energy efficiency projects for existing structures – obtaining low-cost and long-term financing for conservation projects. Under the bills sponsored by Rep. Jim Keffer in the House and Sen. John Carona in the Senate, owners of commercial and industrial buildings could finance the cost of conservation upgrades for up to 20 years in cities or counties that create the special financing program.

The loan is then attached to the property, rather than the owner, and can be transferred if the property is sold. PACE loans can be issued by city or county financing districts or financial institutions, such as banks.The bill cleared both the Texas House and Senate earlier this month with unanimous votes.

Writes the Austin American-Statesman: The loans are repaid through special property tax assessments. If the property is sold before the loan is repaid, the repayment obligation automatically transfers to the next owner because the lien securing the tax assessment follows title to the property.

The program is expected to allow for the upgrade and enhancement of existing structures, provide substantial water and energy cost savings, and create thousands of jobs statewide. A non-profit association organized by attorneys at Thompson & Knight assisted in the legislative effort.  "A PACE assessment will have the same legal status as a lien for ad valorem taxes," says Stephen Block, a partner in the Houston office of Thompson & Knight. "Because the lien will attach to the land, property owners will be obligated to pay only the portion of the cost that accrues during its period of ownership."

by Dave Moore at 2:45:00 pm

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The Internal Revenue Service’s apparent targeting of tax-exempt conservative groups has set both Republicans and Democrats on a mission to get to the bottom of what’s happening at the agency. 

If political biases were in play at the IRS, or even in the Oval Office, it certainly wouldn’t be the first time.

Political consultant Chris Gober says the reports of the IRS’ apparent selective treatment of conservative political groups are symptoms of a larger problem within the federal government’s tax-collection office.

"The IRS is aware that it also has a problem with its employees illegally disclosing pending applications and donors, having reached out to those who were victims of the improper disclosure,” says Gober of Gober Hilgers PLLC. “But they have not taken steps to quell the fears of further disclosures. Nor have they been completely upfront when saying no targeted applications were denied, as they have not released the number actually approved." 

While Steven Miller, the agency’s acting commissioner was forced to resign in the wake of the scandal, it’s possible more heads will roll before all the dust settles.

by Robert Tharp at 10:30:00 am

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Like voting, the call of jury duty is one of those widely underappreciated privileges of citizenship. In courthouses across the country, judges often have a difficult time getting enough qualified jurors to show up for any given trial.

If anything, a bill making its way through the California legislature is prompting a reexamination of our cavalier attitude about jury service. The proposed bill would expand the jury service privilege to allow permanent legal residents – those living in the U.S. legally but who are not citizens. While this may appear to be a practical solution to the problem of dwindling jury pool numbers, it represents a dilution of the responsibilities of citizenship, says Brian Hail of Dallas' Gruber Hurst Johansen Hail Shank.

"As someone who regularly tries cases before juries, it concerns me to see what could be an erosion of the rights and importance of citizenship," he says. "To serve on a jury is to serve as a representative of your country. To be judged by those without true ownership – citizenship – seems fundamentally contrary to our nation's founding principles."

The proposal is prompting a necessary debate about jury service. Writes the LA Times: Jury service is not burdensome drudge work imposed by an overbearing government on an unwilling citizenry. Nor is it a favor that citizens do for their courts. To the contrary, it is a citizen's chief means of oversight on the judicial branch, allowing him or her not merely to help rule on the facts of a particular case but to keep tabs on the judge, the prosecutors, the public defenders and the court system itself. It's the place where citizens observe firsthand the effect of court budget cuts.
Just as citizens, and only citizens, have the power to elect their executive branch leaders and their delegates to the legislative branch, citizen jurors have the final check on at least some judicial branch decisions.

by Robert Tharp at 2:30:00 pm

Severe thunderstorms in the Houston area last month brought large hail, strong wind gusts and lightening that caused extensive property damage, broken tree limbs and downed power lines. Home and business owners reported roof damage, broken windows and pock-mocked cars.

The hailstorm and flash floods provide a stark reminder that the severe storm season is upon us, and home and business owners should be prepared. After all, a recent study ranks Texas tops for wind and hail damage claims, noting that such storm damage is among the most common and severe causes of property damage.

Houston attorney Phillip Sanov, head of The Lanier Law Firm's Bad Faith Insurance Practice Group, says now’s the time for property owners to make sure polices are up to date and to document the pre-storm condition of homes, offices and belongings.  "Too often, we see insurance companies that deny, delay or vastly underpay legitimate claims, often citing 'pre-existing' conditions," he says.

Among other things, Sanov recommends taking photos and videos of structures and personal property as proof of ownership and existing conditions. "But those pictures do no good if they too are lost in a storm, so be sure to store them online or at a friend's or relative's house," warns Sanov, who represents home and business owners following storms and other disasters.

by Robert Tharp at 4:20:00 pm

There’s a well-documented problem with one of the world’s most popular hunting rifles – a defect in the trigger mechanism makes it susceptible to firing when the trigger is not pulled. Accidental discharges are blamed for two dozen deaths and more than 100 injuries.

Houston attorney Mark Lanier says Remington has known for decades that the design flaw in the trigger mechanism has made the rifle unreasonably dangerous. "Gun owners and their loved ones are literally taking a bullet because Remington Arms decided to put profits over safety," says Lanier. In 2012, The Lanier Law Firm successfully represented a Texas man who was severely injured when his Remington Model 700 rifle fired unexpectedly, striking the man in the foot.

Writes USA Today: The 700 series of rifles dates back to the 1940s, when Remington—which had been purchased a decade earlier by the giant chemical company DuPont—was transitioning from a major supplier of the war effort to a more consumer-oriented company. DuPont, which sold Remington in 1993, declined to be interviewed, referring inquiries to Remington.

The rifle series—which debuted with the Remington 721—featured a unique trigger system patented by a young Remington engineer named Merle "Mike" Walker. Walker has called his design "a perfect trigger," with a smooth pull favored by expert shooters. According to Walker's patent, the secret was a tiny piece of metal called a "trigger connector," which is mounted loosely inside the firing mechanism. But critics, including ballistics experts who have been hired to testify against the company, say small amounts of rust, debris, or even a small jolt can cause the trigger connector to become misaligned, forcing the trigger itself to lose contact with the rest of the firing mechanism. Then, the gun can be fired when other parts are operated, such as the safety or the bolt.

But internal documents obtained by CNBC show that in 1948—before the gun went on the market—Mike Walker himself proposed a design change to prevent the trigger's internal parts from falling out of alignment. Other documents show the added cost for Walker's "trigger block" came to pennies per gun, but with the rifle already over budget, officials decided against making a change.