NewsWire

Tiger: A Case Study in a Mishandled Termination
Tiger Woods' highly publicized firing of long-time caddie Steve Williams, and a potential Williams-penned "tell all" book about the golfing great's personal indiscretions, should spark discussion on the treatment of workers and the need to maintain professional boundaries, says Houston employment attorney Neil Martin of Gardere Wynne Sewell LLP. "Subordinates' loyalty following discharge by a highly visible executive is always a concern for any business that promotes the public posture of that executive, especially if the executive has a history of questionable lifestyle choices," says Martin. The use of confidentiality contracts can help limit the risk of embarrassing exposés, but it is just as important to avoid adopting an "imperial" disposition toward staff so that you do not destroy employee loyalty by inappropriate treatment, adds Martin. "Advance planning and appropriately conducted staff reductions or terminations can minimize possible embarrassing disclosures by unhappy employees." For more information, contact Rhonda Reddick at 800-559-4534 or rhonda@androvett.com.

Schools, Coaches Should Game-Plan for the Heat
Over the next few weeks, as triple-digit temperatures blanket much of the country, high schools and colleges will start summer football practices. Heat like that can be deadly, especially during the tough early season workouts conducted at many schools, says Houston attorney Gene Egdorf of The Lanier Law Firm. In 2009, Egdorf negotiated a landmark settlement with the NCAA that resulted in new safety measures for college athletes. He also works with doctors and athletic trainers to educate schools about protecting student athletes in conditioning exercises. "Unfortunately, we've found that too many schools don't follow suggested guidelines, and there is practically zero enforcement from the NCAA or universities when coaches and staff operate outside the rules," says Egdorf, lead counsel for the family of student-athlete Bennie "Buster" Abram, who died last year following football practice at the University of Mississippi. For more information, contact Alan Bentrup at 800-559-4534 or alan@androvett.com.

Heat Wave Causing Sweat for Employers
Even if a company does business in a city where scorching 100-degree days are rare, employers still have a duty to keep employees safe from heat-related injuries. "The general duty for an employer is to maintain a reasonably safe workplace. That holds no matter what the weather," says executive employment lawyer Joe Ahmad of Houston's Ahmad Zavitsanos & Anaipakos. "While most businesses in Houston and Phoenix already have air conditioning and know how to keep employees safe during outdoor summer work, many in the East and Midwest have to learn to avoid injuries and even deaths in the workplace. New York employers may not know the signs of heat stroke, but they need to learn them fast. The duties are the same no matter the latitude." For more information, contact Mary Flood at 800-559-4534 or mary@androvett.com.

New Gun Law Shields Employers from Liability
Under a new law that takes effect Sept. 1, Texans may keep guns and ammunition they are legally authorized to possess in their locked, personal vehicles while in an employer-provided parking area. "Although many employers have policies prohibiting employees from bringing concealed weapons onto any employer property, the new law overrides those policies as to employer-provided parking areas," says Bryan Neal of the Dallas office of Thompson & Knight. "Senate Bill 321 attempts to address employer concerns about potential liabilities by providing that employers generally are not liable for any death, personal injury, or damages resulting from an event involving a firearm or ammunition covered by the law." Neal adds that there are several exceptions in the law, including schools, vehicles owned by employers, and certain chemical and oil and gas operations.  For more information, contact Barry Pound at 800-559-4534 or barry@androvett.com.

Chinese Companies Face SEC Scrutiny
The SEC's efforts to halt new share offerings of two Chinese companies have fueled discussion on cross-border audit oversight. The stop order proceedings were initiated amid concerns over the accuracy of financial statements for China Intelligent Lighting and Electronics and China Century Dragon Media, but they are far from the only Chinese companies to draw attention for their corporate governance practices, says Gardere Wynne Sewell LLP attorney Suzanne Dixon of Dallas. "Sound accounting practices and the independence of directors are of paramount importance to sound corporate governance. Foreign companies, which bring with them different regulatory, governance and financial backgrounds and standards, may pose unique risks for U.S. investors," says Dixon. "Investors should continue to monitor trends with respect to corporate governance deficiencies and accounting fraud. The progress of talks regarding cross-border audit oversight, and whether shareholders are successful in efforts to obtain damages, will likely have a significant impact on future investments in Chinese companies."  For more information, contact Rhonda Reddick at 800-559-4534 or rhonda@androvett.com.

In Down Economy, Legal Malpractice Claims Spike
From fee disputes to allegations of negligent advice, lawyers are facing more malpractice claims from disgruntled former clients. According to a 2011 survey of legal malpractice insurers, malpractice claims spiked as much as 20 percent compared to the prior year. Dallas attorney Nicole LeBoeuf, a partner at Shackelford Melton & McKinley who frequently defends lawyers in malpractice claims, says increased interest in legal malpractice is affected by a number of factors, including a sputtering economy. "In better economic times, people are more likely to move on than to place blame after a deal goes south," LeBoeuf says. "There's more at stake in a down economy and lawyers increasingly are finding themselves blamed when parties try to recoup losses." For more information, contact Robert Tharp at 800-559-4534 or robert@androvett.com.

New Law Firm Doesn't Charge By the Hour
In forming a new Dallas-based national law practice, Paul Skiermont and Donald Puckett are rejecting the traditional hourly billing rate, instead relying exclusively on alternative fee arrangements. "Our fees are linked to successful results and based on the value of our work to our clients, rather than the hourly model that rewards inefficiency," explains Skiermont. "Economic demands are slowly moving the legal industry to consider other financial models, and we're leading that movement. We use a variety of different arrangements that best fit our clients' needs and provide greater certainty to their budgets." Skiermont Puckett LLP uses flat monthly fees, fixed project-based fees, success bonuses, contingent fees, and blended flat fees with bonus or contingent components. The veteran courtroom lawyers, who became friends more than 15 years ago as members of the University of Kentucky debate team, are focused on representing plaintiffs and defendants in patent infringement, antitrust and other complex commercial litigation. For information contact Barry Pound at 800-559-4534 or barry@androvett.com.

Rockin' Out for Legal Aid
In a profession that is better known for "suiting up," it's not often that Dallas lawyers get to cut loose. But on Aug. 20, seven rock bands – whose members are all Dallas-area lawyers and judges – will take to the Granada Theater stage for Law Jam 3. Staged every other year, the concert benefits the Dallas Volunteer Attorney Program. "Although music is a hobby for these bands, they take it very seriously. This is not a night of passable karaoke. These groups will put on an exceptional night of music," says Dallas Bar Association President Barry Sorrels. "Law Jam is about two things, having fun and raising money for an extremely important program." The Dallas Volunteer Attorney Program, a joint initiative of the Dallas Bar Association and Legal Aid of NorthWest Texas, provides pro bono legal assistance to nearly 3,500 families each year. Ticket information is available at www.dbalawjam.org. For more information, contact Rhonda Reddick at 800-559-4534 or rhonda@androvett.com.