NewsWire

Resolution of Jackson Will Won't Be Easy
Few deaths attract the massive attention as Michael Jackson's has, but anyone can learn from his estate planning missteps. While Jackson did have a will, it was not as up-to-date as it could have been, says Steve Spitzer, head of the Probate Litigation Section at Cowles & Thompson, P.C. "You need to continually update your will as situations necessitate," he says. Many times, this involves the naming of the executor or a child's guardian. "It is particularly important that parents of minor children include guardianship provisions so that their wishes are made known. As with the naming of an executor, as long as the person named meets basic and minimal qualifications, the courts usually honor the choice expressed in a will." To interview Mr. Spitzer, who also produces www.TexasEstateDisputes.com, contact Rhonda Reddick at 800-559-4534 or rhonda@androvett.com.

Reckless E-Mails Claim Another High-Profile Victim
South Carolina Governor Mark Sanford is only the latest in a long line of public figures and business leaders tarnished by reckless e-mail communications. Computer forensics expert Erin Nealy Cox of Stroz Friedberg LLC says such ill-conceived e-mail, text messages and social media communications increasingly play key roles in government investigations and litigation, while recent studies indicate a growing number of workers are terminated because of electronic communications. "For any person who communicates electronically, it's advisable to assume there is no expectation of privacy," says Nealy Cox. "A good rule of thumb is this: don't write anything that you wouldn't want your boss, an investigator or your mother to read." To interview Ms. Nealy Cox, contact Robert Tharp at 800-559-4534 or robert@androvett.com.

Down Economy Exposes Pyramid Schemes' Shaky Foundations
With promises of stable income and even wealth, many people are drawn to pyramid schemes during harsh economic times. Most pyramid schemes use an intensive campaign to enlist new members, who pay for the rights to sell a product then receive payment for recruiting other participants. Law enforcement officials across the nation report a sharp increase in open investigations into such businesses. "Pyramid schemes may make money for those at the top, but not those at the bottom," says Houston attorney Scott Clearman, who last week filed a federal class action lawsuit against Dallas-based Stream Energy and its "multi-level marketing" division, Ignite Holdings. "The Internet and social networking sites have made these schemes easier to manage, grow and give the appearance of legitimacy, but they still inevitably fail." To interview Mr. Clearman, contact Barry Pound at 800-559-4534 or barry@androvett.com.

Legislation, Supply, Demand Driving Vehicle Natural Gas Use
As the U.S. Senate takes up the debate on climate change legislation, many public and private entities are taking advantage of existing federal incentives that encourage the use of natural gas-powered vehicles. "The final Senate bill will likely echo the House version in extending tax and fuel credits for the use of natural gas into the next decade," says Scott Deatherage of Dallas's Thompson & Knight. "Regardless of what happens legislatively, there is a plentiful domestic supply and a growing market for natural gas as a vehicle fuel, particularly for large fleet operators." Deatherage notes that AT&T recently committed $350 million to buy natural gas vehicles, and more and more entrepreneurs are looking into independent fueling stations to sell liquid or compressed forms of natural gas. To interview Mr. Deatherage, contact Barry Pound at 800-559-4534 or barry@androvett.com.

Due Diligence More Important than Ever
With investor money becoming tighter, it might be tempting for businesses to accept whatever seemingly reasonable investments they might be able to secure. However, says attorney Cliff Risman of Gardere Wynne Sewell LLP, it is more critical than ever to perform thorough due diligence on all investors. "In the current environment, due diligence is critical, and this goes far beyond traditional reviews of business and financial fitness." He notes that checks may involve the State Department, Treasury Department and other governmental agencies, as well as investigations by private investigation services. "Regardless of the domicile or nationality of the investor, care must be taken to be sure the funds are not the proceeds of some form of illegal enterprise and that the investor is not on any of the various terrorism or other watch lists." To interview Mr. Risman, contact Rhonda Reddick at 800-559-4534 or rhonda@androvett.com.

Court Rules E-Mailed Attorney Communication Still Privileged
When a New Jersey woman e-mailed her attorney about a discrimination lawsuit she'd planned to file against her employer, she thought she'd shielded the note by sending it from her personal, Web-based, password-protected e-mail account. Unfortunately though, she used a company-provided laptop to do it, and the messages were recovered by her employer. After the employer sought to use them in the woman's lawsuit, a New Jersey appellate court ordered all messages returned to her. "The ruling was correct in saying that nothing -- even using an employer's computer system -- should trump attorney-client privilege," says employment attorney Stephen Fox of Fish & Richardson. "However, since she was on a company-provided computer, where ordinary rules of privacy are not always respected, she was taking a huge risk." To interview Mr. Fox, contact Rhonda Reddick at 800-559-4534 or rhonda@androvett.com.

Court's Job-Test Ruling Reduces Risk in Employee Hiring, Promotion
A landmark Supreme Court ruling last week upholding the legitimacy of unbiased tests in making employment decisions will likely lead to increased use of such exams, according to a Dallas-based employment attorney. "The Court held that objective tests can be used, so it's likely that they will be used," says Mark Shank of Gruber Hurst Johansen & Hail. "This ruling removes a level of risk for companies and public agencies that use standardized tests in performance evaluations or hiring practices, and will likely reduce litigation for employers that stay within the opinion's boundaries." In the case, the Court found in favor of white New Haven, Conn., firefighters who had challenged the city's decision to reject all results of a promotion exam because no African-Americans scored well enough to advance. To interview Mr. Shank on employment matters, contact Barry Pound at 800-559-4534 or barry@androvett.com.

Political Trouble in Honduras Impacts U.S. Business
The current unrest in Central America over the Honduran government will have a significant effect on business in the U.S., says Dallas attorney Trey Branham, who has interests in Honduras. Branham points to companies such as Fruit of the Loom, Lear, and Russell Athletic, all of which have significant Honduran facilities, as well as 2005 statistics showing bilateral trade between the U.S. and Honduras at more than $7 billion. Honduras also is a significant tourist destination, receiving more than 100 cruise ships every year. "It's pretty simple; stability in the government there is good for business here," Branham says. "And it's good for the people of Honduras as well. It's in both our interests to do whatever possible to help resolve this situation quickly." To interview Mr. Branham, contact Mark Annick at 800-559-4534 or mark@androvett.com.

Appeals Court OKs Multimillion-Dollar Judgment for Dallas Doctor
Dallas doctor Neal Fisher, who two years ago won an $8.6 million judgment against his employer, Pinnacle Anesthesia, won again recently, when an appellate court affirmed the judgment in his favor. With post-judgment interest, the amount of the judgment is now in excess of $10 million. "For the appellate court to rule in his favor on every single issue makes a statement about this case and about the jury's verdict," says attorney Mike Richardson of Rose•Walker, who represented Dr. Fisher at trial. Pinnacle fired Dr. Fisher after he raised concerns about the company's billing practices. Although Pinnacle advertised itself as being "in-network" for all major health care plans, the company allegedly adopted a business plan of intentionally being "out-of-network" thereby making more money. For information on the case, contact Mark Annick at 800-559-4534 or mark@androvett.com.