NewsWire

Rare Post-Recall Safety Warning on Baby Seats
The Consumer Product Safety Commission has issued another warning about serious safety risks associated with the Bumbo Baby Seat. The CPSC reports more than 45 babies have been injured since the molded rubber seat was placed back on the market after a recent product recall. Stressing that the Bumbo seat should only be placed on the ground and never on any elevated surface, the CPSC also reports that serious skull fractures have occurred even when the seat is used at ground level. "The Bumbo Baby Seat is simply a dangerous product, even when used the way Bumbo says it should be used," says Liz Cunningham of Dallas-based Rose Walker, who represents families of children injured in Bumbo seats. "The likelihood that even the most responsible caregivers will unknowingly misuse this product is so great that it should be permanently taken off the market immediately." For more information, contact Robert Tharp at 800-559-4534 or robert@androvett.com.

More Companies Headed to the Cloud
Cloud computing is expected to be a key driver for corporate IT investments during the next decade, reaching an anticipated global market of $241 billion by 2020. "The cloud infrastructure, particularly through providers such as RackSpace, Google and Amazon, is allowing more companies to engage in a lower-cost form of outsourcing," says Jeff Andrews of Houston's Thompson & Knight. Andrews, who focuses his practice on structuring and negotiating outsourcing agreements, notes a key difference in cloud-based options compared to traditional IT outsourcing. "The cloud computing function is much like a utility or a commodity product. But where traditional IT outsourcings can offer customized solutions, such as unique data safeguarding, public cloud offerings typically don't offer these options. Companies with distinct operational or regulatory requirements need to do their homework when contracting and carefully assess whether the cloud-based providers can and will comply with those demands." For more information, contact Barry Pound at 800-559-4534 or barry@androvett.com.

Oft-Ignored Terms of Service Serve Purpose
At almost every stop on the Internet, users agree to website Terms of Service whether they realize it or not, or they must approve Click Agreements on the initial visit before being allowed to proceed. But if only a fraction of users read the contracts, and even fewer gain a full understanding of the agreements, then who exactly is being protected? "Whether the site is selling goods or services, providing downloads or even hosting any social media-type activities, these agreements are important to the domain owner," says Dallas technology attorney Peter S. Vogel of Gardere Wynne Sewell LLP. For example, he explains, user approval of these agreements helps to limit potential liability and damages from dissatisfied customers. "Not having either Terms of Service or Click Agreements leave website owners vulnerable in many ways, and even more so if they simply 'borrow' an agreement from another business website. Every company has its own unique risks that need to be addressed." For more information, contact Rhonda Reddick at 800-559-4534 or rhonda@androvett.com.

ObamaCare Ruling Could Cause Multiple Ripples
If the U.S. Supreme Court determines that some aspects of Obama's health care reforms are unconstitutional, that decision could call into question the constitutionality of numerous other federal laws, according to Dallas appellate lawyer Carl Cecere of Hankinson LLP. Cecere says one important aspect of the Affordable Care Act is the requirement that states open up their Medicaid programs to all their legal residents who live in poverty, not just children. The Supreme Court has agreed to answer the question of whether these Medicaid expansions overreach in placing greater demands on state Medicaid programs. If the Court decides the Act has exceeded federal authority, that ruling could have ripple effects on other federal laws, he says. "It's likely that the constitutionality of federal laws that protect the environment, deter discrimination and support education would all be brought into question," Cecere says. For more information, contact Dave Moore at 800-559-4534 or dave@androvett.com.

Energy Sector Tops List of FCPA Prosecutions
A new study reveals that the Foreign Corrupt Practices Act passed in 1977 has led to the prosecution of more than 200 cases in 80 countries and more than $4 billion in sanctions. Almost half of those financial penalties relate to the energy sector. "Energy is hardest hit with FCPA investigations because you have to go where the oil and gas are," says Bill Katz of the Dallas office of Thompson & Knight. "Those resources often happen to be in places where corruption is common and, unfortunately, bribery is still considered part of the way of doing business." But there is increasing pressure on Congress from business organizations calling for clarifications to the 34-year-old law. "There is still substantial confusion regarding what is acceptable and what isn't, and signs that the DOJ will introduce new detailed guidance sometime in 2012." For more information, contact Barry Pound at 800-559-4534 or barry@androvett.com.

Banish 'Bossy' From Vocabularies
Anybody looking for ways to help improve their daughter's (or niece's, or granddaughter's) future workplace prospects should start now by working to eliminate the word "bossy" from their vocabulary, Dallas lawyer Kathleen Wu writes in a recent Texas Lawyer commentary. The word is only ever applied to girls, and by scolding them for being "bossy," girls learn that being a leader isn't what "good girls" do, according to Wu. It's also "the precursor to all the other weighted words applied to women leaders, like 'ambitious,' 'shrill' and other PG- and R-rated words," she writes. "Stop telling the young women in our lives not to be bossy, and if we hear someone telling a girl she's too bossy, simply pull her aside and tell her, 'Don't worry, sweetie. You're just being a leader.'" For more information, contact Amy Hunt at 800-559-4534 or amy@androvett.com.

Civil Litigators Paved Path to Vioxx Settlement
Merck & Co.'s agreement to pay $950 million and plead guilty to a criminal charge related to its illegal marketing of the pain medication Vioxx is welcome news to Houston attorney Mark Lanier, founder of The Lanier Law Firm. "This agreed judgment is largely possible because of the hard work of lawyers in the private sector," says Lanier, who served as lead counsel in the first courtroom trial involving Vioxx. "Civil lawyers spent thousands of hours and millions of dollars to develop the case, review millions of pages of documents, and pursue Merck in court." Without this effort, he says, much of the evidence of Merck's wrongdoing would never have come to light. "We are constantly reminded that lawyers have potential to do harm, so we also should be reminded of their important role in securing safety for the public." For more information, contact Alan Bentrup at 800-559-4534 or alan@androvett.com.

MLK Oratory Semifinals Set For Tuesday
Finalists for the 20^th Annual Gardere MLK Jr. Oratory Competition will be selected during the semifinals competition starting at 6:30 p.m., Tuesday, Dec. 6 at the Dallas ISD Headquarters Auditorium. The theme for the event, co-presented by the DISD, is "As a Student of Dr. King's Life, What Message of Hope Do You Think He Would Have for the World Today?" Dwight Francis, Co-Chair of Gardere Wynne Sewell's Diversity Committee, says "The growth of this event has been astounding. The first event in 1993 was held in a conference room in our firm offices with just a handful of participants. This year we had a total of 129 students compete in the in-school contests to select the 20 students who will compete at the semifinals for the eight spots in the Finals." The 2012 Finals of the Annual Gardere MLK Jr. Oratory Competition will be held on Jan. 11 in Austin and Jan. 13 in Dallas and Houston. For more information, contact Rhonda Reddick at 800-559-4534 or rhonda@androvett.com.