NewsWire

Dallas Constables May Expose Landlords to Legal Claims
Tenants weren't the only ones victimized when Dallas County constables allegedly failed to serve notices of lawsuits filed as part of the eviction process, says Martha Hofmeister, whose legal practice includes representing professional service firms, real estate developers, manufacturers and financial institutions at Dallas' Shackelford Melton & McKinley. The landlords who justifiably relied upon constables to serve such notices might now find themselves targets of legal complaints alleging that the eviction process was flawed. "The landlord is responsible for properly conducting an eviction," she says. "From what I read in the paper, these constables might face some criminal consequences for their failures to deliver required notices. Even so, a landlord for whom those notices were not delivered may not have conducted a proper eviction, through no fault of his own." Unfortunately, adds Hofmeister, there might be no satisfactory legal remedy for either the tenant or the landlord. For information, contact Dave Moore at 800-559-4534 or dave@androvett.com.

Try As You May, You Can't Trump Federal Law
It seems no issue is too big for this session's Texas Legislature: Dislike ObamaCare? Draft a law that declares it unconstitutional. Invasive TSA airport searches? Vote to ban them. Cities harboring illegal aliens? Authorize police there to question individuals' citizenship without probable cause. There's one problem with these proposed laws, according to appellate lawyer Jeffrey Levinger - federal laws trump state laws that try to regulate areas that the federal government controls. "The Supremacy Clause of the U.S. Constitution states that federal laws ‘shall be the supreme law of the land,'" says Levinger of Dallas' Hankinson Levinger LLP. "While it might be politically popular to vote on laws that run counter to the U.S. Constitution, our legislators might be more productive in tackling issues they can actually affect, such as the budget." For information, contact Dave Moore at 800-559-4534 or dave@androvett.com.

Methane Found in Water Near Fracking Sites
A recently released study from Duke University has linked potentially toxic levels of methane in drinking water to nearby natural gas drilling sites. While some have been quick to point fingers at the controversial process of hydraulic fracturing, or "fracking," Dallas environmental attorney Cynthia Bishop says the study does not necessarily support those conclusions. "The Duke study notes that although there is methane in the drinking water, there is no evidence of fracking chemicals," says Bishop, a partner at Gardere Wynne Sewell LLP. "It may seem to be splitting hairs, but it is an important distinction to make that the study concluded that the elevated methane was more likely caused by leaky well casings than the actual fracking process." Bishop says that despite those apparent findings, she expects the report will encourage additional litigation. For more information, contact Rhonda Reddick at 800-559-4534 or rhonda@androvett.com.

Trademark Enforcement May Make Strange Bedfellows
While The University of Texas and the University of Oklahoma are bitter rivals, they're also partners in protecting the "Red River Rivalry" brand, for which they jointly hold federal trademark registrations. Munck Carter trademark attorney Dyan House expects the unlikely bedfellows will combine to enforce the "Red River Rivalry" trademark now that the Dallas Mavericks and Oklahoma Thunder basketball teams are dueling in the NBA's Western Conference Finals. "If the universities allow the unauthorized use of the 'Red River Rivalry' brand, it weakens the trademark," House says, adding that she expects the schools to be on alert for unauthorized uses on T-shirts, signs and other promotional materials, so they can take immediate action during the Mavs-Thunder playoff series. For information, contact Dave Moore at 800-559-4534 or dave@androvett.com.

SEC May Require Disclosure of Data Breaches
With identity theft and online fraud rapidly increasing, federal legislators are urging the SEC to require public companies to disclose any instances or attempts to breach corporate data. The Senate's Commerce Committee also wants corporations to regularly disclose corporate efforts to reduce security risks and prevent cyber attacks. "Many companies are understandably reluctant to reveal failed data breaches, believing that disclosure will actually increase their vulnerability," says William Katz of Dallas' Thompson & Knight. "There's also a healthy fear that disclosures can negatively affect the value of a company's stock. However, these requirements are likely to be politically and publicly popular, so companies should begin planning for their adoption." A 2009 study found that 38 percent of Fortune 500 companies did not mention privacy or data security exposures in their annual 10-K filings, and only 7 percent of public companies fully encrypted their confidential data. For information, contact Barry Pound at 800-559-4534 or barry@androvett.com.

Suing Over Wages? There's An App For That
The U.S. Department of Labor has launched a smartphone app that allows workers to log their hours worked, including overtime. Since accurate records are often critical for both sides in wage-and-hour disputes, the emergence of the DOL's iPhone and iPad app serves as another reminder that employers are ultimately responsible for complete and accurate time-keeping records even if the task is delegated to individual workers. "Accurate records can make or break a wage and hour dispute," says labor and employment attorney Audrey Mross of Dallas-based Munck Carter. "If an employer's records are nonexistent or in poor shape, labor department investigators are more likely to place more credibility upon the records kept by an employee using a smartphone." For information, contact Robert Tharp at 800-559-4534 or robert@androvett.com.

Appeals Could Improve Arbitration Process
The Supreme Court of Texas this week issued a ruling that could help solve one of the major complaints about the arbitration process - the lack of any real right of appeal of a runaway award. The Nafta Traders Inc. v. Quinn ruling could have a significant impact on the construction industry, which historically has relied heavily on arbitration to solve disputes, says Dallas attorney John Slates, head of the Construction Practice Group at Gardere Wynne Sewell. "Previously, once parties submitted a dispute to arbitration, that ruling was generally binding, with no opportunity for judicial appeal of the arbitrators' application of the facts or the law," he says. "Now, as long as both parties agree when the original contract is signed that it will be covered by the Texas Arbitration Act, the parties can provide for judicial review of arbitration awards on the terms provided for in their contract. In many ways, the Nafta Traders decision allows construction companies in Texas to get the best of both worlds." For information, contact Rhonda Reddick at 800-559-4534 or rhonda@androvett.com.

Verdict Showcases Dangers in Challenging the FCPA
Last week's criminal conviction of a California company marked the first jury verdict in 34 years involving the Foreign Corrupt Practices Act, and the first ever against a corporation. Hundreds of entities have faced FCPA investigations during the past few years, but each targeted company has pleaded guilty or settled charges before trial. "Companies find it very difficult to fight the FCPA," says Paul Cohen, an international litigator who recently joined the New York office of Thompson & Knight. "Indictments of companies are generally viewed as a corporate death sentence. All the incentives in the DOJ prosecution guidelines are stacked in favor of making a quick and complete mea culpa. This verdict may well compel other corporate targets to think twice before putting up a fight." In the case, Lindsey Manufacturing and two top executives were found guilty of bribing officials of a Mexican utility company in order to win $19 million in contracts. For information, contact Barry Pound at 800-559-4534 or barry@androvett.com.

Houston Lawyer Continues NCAA Sickle Cell Fight
Houston attorney Gene Egdorf from The Lanier Law Firm is continuing his fight to prevent needless deaths among college athletes who carry the sickle cell trait. Egdorf represents the family of 20-year-old Bennie "Buster" Abram, who died following football practice drills at the University of Mississippi last year. In a lawsuit filed this week, Egdorf says Ole Miss staff put Abram through an overly strenuous practice in violation of established guidelines. "Buster's death is a tragedy that should have been prevented," says Egdorf. "The negligence of the NCAA, coaches, trainers and staff combined with senseless off-season workout programs is a recipe for disaster." Egdorf negotiated a landmark settlement with the NCAA last year that resulted in new policies requiring sickle cell testing for all college athletes. For more information, contact Bruce Vincent at 800-559-4534 or bruce@androvett.com.