Androvett Legal Media Blog

Dallas family law attorney Carmen Eiker: Deion Sanders should think before he rants on social media about divorce

Wed, 09 May 2012 00:00:00 -0500

When tempers boil over during emotional family law matters, social media platforms like Facebook and Twitter are often irresistible for spouses needing to blow off steam. But as any family law attorney will attest to, venting on social media during divorce is a terrible idea. A recent poll by the American Society of Matrimonial Lawyers found that 80 percent of family law attorneys had used social media posts in divorce proceedings.
Dallas Cowboys Hall of Famer Deion Sanders may be the latest to learn this lesson the hard way. Sanders has used his Twitter account to regularly broadcast the latest developments in his high-profile and high-drama breakup with his wife, Pilar. He even brought his young children into the fight by posting photos of the kids purportedly filling out police reports about their mothers behavior.
In this report by KTVT Ch. 11 in Dallas, Dallas family law attorney Carmen Eiker of McCurley Orsinger McCurley Nelson & Downing explains why its a bad idea for spouses going through divorce to lash out on social media. In general, its a bad idea, she says. Thats the kind of thing that reveals a lot about a person Think before you post.

Facebook Firing Report

Thu, 03 May 2012 11:00:00 -0500

The anything-goes nature of communication on Facebook and other social media platforms has created perilous territory for employers and employees alike. In this story by CW 33 in Dallas, reporter Dawn Tongish explores the changing legal landscape and recent NLRB opinions designed to provide much-needed guidance to HR departments. Labor & employment lawyer Audrey Mross of Dallas-based Munck Wilson Mandala explains that many employers are suprised to learn that they cannot implement blanket policies forbidding workers from leveling criticism in online forums.

M&A Lawyer Randy Ray Analyzes US Airways' Interest in Acquiring AMR

Thu, 03 May 2012 08:00:00 -0500

American Airlines highly anticipated descent into Ch. 11 bankruptcy has been keeping North Texas news reporters busy trying to explain the complicated legal twists and turns and the potential impact to the local economy. Interest was amped up a notch when US Airways began manueverings to position itself in front of AMR's creditors with an eye toward acquiring the struggling airline. In this news report by KTVT Ch. 11 in Dallas, business lawyer Randy Ray of Dallas-based Munck Wilson Mandala discusses developments in the American Airlines bankruptcy, including the latest moves by US Airways.

Link Between Drop in Traffic Tickets and Spike in Teen Crash Fatalities?

Thu, 29 Mar 2012 00:00:00 -0500

Does the threat of a traffic ticket have a deterrent effect on reckless and risk-prone drivers? In Texas, where the annual number of speeding and other traffic tickets has dropped by more than 433,000 over the past five years, a recent increase in teen driving fatalities raises real concerns, says Dallas personal injury/criminal defense lawyer Robert S. Gregg.

Gregg notes that teen drivers are a notoriously impulsive, reckless and risk-prone group, and thats just one of the reasons why insurance rates for teen drivers are triple that of most adults. Drivers, and teens in particular, need to know that careless driving habits have real consequences.

If drivers are running more red lights, speeding and violating the law without consequences, youre going to see more wrecks and injuries, says Gregg, whose personal injury practice includes representing individuals who have been injured in crashes caused by reckless and negligent drivers. Gregg has particular expertise representing victims who have been injured by truck drivers and other commercial vehicles. Teens especially need to know that there are serious consequences for reckless driving. This drop in traffic enforcement also represents a significant loss in revenue at a time when city and county budgets are very tight.

Gregg cites an 18 percent increase in teen fatalities statewide between the first half of 2010 and the first half of 2011. Meanwhile, between 2007 and 2011 the annual number of traffic tickets statewide has dropped 10 percent. Dallas police in particular are writing far fewer citations the 223,651 citations written in 2011 represent a drop of 170,000 citations compared to 2007. Heres the Dallas Morning News take on the trend.

Dallas Divorce Attorney Mike McCurley: Facebook, Twitter Still Tempting Couples in Midst of Divorce

Tue, 27 Mar 2012 00:00:00 -0500

Posting thoughts, photos and opinions on Facebook and Twitter has become almost second nature nowadays.

Yet seemingly offhand online comments and photo uploads can become part of the official court record, especially if theyre done in the midst of a divorce. And despite repeated warnings of the potential perils, husbands and wives continue to do so.

Weve been warning clients for years to be much, much more careful in their use of social media, but people in the middle of a divorce are a little bit like people in love they arent always thinking straight, said Dallas attorney Mike McCurley of the family law firm McCurley Orsinger McCurley Nelson & Downing L.L.P.

I advise them to be super cautious about their Facebook and Twitter accounts, and anything else they may have that could show up as evidence against them, McCurley said. If your ex wants to find incriminating evidence, make him or her work a little harder.

A search of social media sites has become de rigueur in divorce cases, writes MSNBC:

Oversharing on social networks has led to an overabundance of evidence in divorce cases. The American Academy of Matrimonial Lawyers says 81 percent of its members have used or faced evidence plucked from Facebook, MySpace, Twitter and other social networking sites, including YouTube and LinkedIn, over the last five years.

Given the content that Facebook, Twitter and other outlets provide, its no wonder theyre becoming a resource for spouses who are looking for evidence to support their divorce claims.

On Eve of Gulf Oil Spill Trial, Sutherland Law Firm Unveils Crisis Management & Complex Litigation Website

Thu, 23 Feb 2012 00:00:00 -0600

With the Gulf Oil spill trial set to start with a day of opening statements in New Orleans Monday, the Houston office of Sutherland Asbill & Brennan LLP , which represents a key player in the trial, launched a Crisis Management and Complex Litigation website to provide clients and potential clients with information on how to handle important legal problems while they continue with ongoing business.

The new website, sutherlandcrisismanagement.com, includes information on Sutherlands crisis management team, its crisis and litigation strengths, the firms experience in complex crisis situations, and news articles of interest on the Crisis Notes page.

Rachel Giesber Clingman, a lead attorney in spill trial and co-partner-in-charge of the Sutherland Houston office, says: Our crisis team was chosen from different legal specialties among Sutherlands offices across the country and is able to immediately address internal and external complex crisis situations for our clients.

The Houston office is growing, see this Houston Chronicle story, and is nationally recognized in energy litigation and crisis management, energy trading and derivative contracts, and offshore marine litigation.

Sutherlands Crisis Management and Complex Litigation Team has advised and defended clients simultaneously on multiple fronts, including parallel civil litigation and criminal investigations, multidistrict proceedings, putative class actions, congressional investigations and hearings, regulatory investigations, internal investigations, shareholder direct and derivative claims, and corporate disclosure issues.

Houston partner Steven L. Roberts, a member of the crisis management team, says Sutherlands extensive experience in crisis situations allows the firm to immediately mobilize a targeted response for clients.

Sutherlands crisis experience includes advising clients from a variety of industries, including an international drilling contractor in all litigation relating to the Gulf of Mexico oil spill; a privately held manufacturing company facing an antitrust problem; a NYSE-listed investment company attacked by a short-selling hedge fund; and a multinational industrial giant with revenue irregularities that were flagged on the eve of a year-end earnings release.

After 10-Year Battle, Burn Victim Prevails With $2.5 Million Award

Tue, 14 Feb 2012 00:00:00 -0600

Legal battles sometimes bring about unusual alliances.

Such is the case of Isabel Molina, who suffered severe burns over her face and body when the food trailer in which she worked caught fire in 2002 in Dallas. Molina sued the operator of the trailer, Juan Miguel Mike Bonilla, in 2003 and eventually won a $1.8 million jury verdict.

Appeals to the Dallas Court of Appeals and later to the Fifth Circuit followed, and in the process, Bonilla joined Molina in a battle to force Bonillas insurance company to cover the District Court's judgment. The insurance provider offered Molina a low six-figure settlement during the 10-year legal battle.

On Feb. 2 nearly 10 years after the fire, and after all appeals were exhausted a federal judge signed a final order requiring the insurance carrier to finally pay the amount of the jury verdict, plus $700,000 in interest.

The Dallas Morning News writes that her attorneys, Mark Sudderth and Chuck Noteboom, of Noteboom: The Law Firm

described their client as courageous and strong in her religious faith throughout the ordeal. They hope the result would help her and her children salvage their lives and get their lives on track.

It was a sad deal, Sudderth said. She had horrific injuries, and she never gave up, and in the end, justice was served.

The case of Molina shows that while the wheels of justice can turn slowly, with patience, perseverance and faith, the outcome can be worthwhile.

Dallas Constitutional Lawyer Carl Cecere: History Indicates Supreme Court Will Uphold the Obama Health Care Law

Thu, 02 Feb 2012 12:42:00 -0600

The Affordable Care Act (also known as Obamacare) spans nearly 2,700 pages. So there should be no surprise that there are lots of questions about what the new law could mean for U.S. citizens who are struggling to obtain health care coverage.

Perhaps the biggest question of all is whether the law is even legaland that question has been posed to the United States Supreme Court. Appellate lawyer and constitutional law expert Carl Cecere of the law firm Hankinson LLP recently gave a preview of the case in an interview with Jane McGarry of NBC5. According to Cecere, The key question is has the government gone beyond the powers vested in it by the Constitution in enacting the law?

Cecere, who is an appellate lawyer with substantial experience in constitutional law, says that he believes that the high court will uphold the law based upon the opinions of the justices in earlier cases.

Adds Cecere, the Acts requirement that individuals insure themselves isnt exactly unique in comparison to other obligations the government imposes upon us, like jury service or even the draft. And he notes that even the Founders thought that the federal government could force individuals to purchase products. The Militia Act of 1792, passed by many of the same members of Congress that drafted the Constitution in 1871, required that men between the ages of 18 and 44 purchase a musket and ammunition.

Congress didnt stop at muskets and ammo with the Militia Act:

Every citizen, so enrolled and notified, shall, within six months thereafter, provide himself with a good musket or firelock, a sufficient bayonet and belt, two spare flints, and a knapsack, a pouch, with a box therein, to contain not less than twenty four cartridges, suited to the bore of his musket or firelock, each cartridge to contain a proper quantity of powder and ball; or with a good rifle, knapsack, shot-pouch, and powder-horn, twenty balls suited to the bore of his rifle, and a quarter of a pound of powder; and shall appear so armed, accoutred and provided, when called out to exercise or into service, except, that when called out on company days to exercise only, he may appear without a knapsack.

Ironically, a quarter pound of gunpowder is enough to cause a substantial health insurance claim if not handled properly.

Dallas Family Law Attorney Brad LaMorgese: Spouse of former Dallas Cowboys star Deion Sanders Trying to Stiff-Arm Prenup

Fri, 27 Jan 2012 13:00:00 -0600

File this one under `Celebrities and Their Spouses Behaving Badly.' The charges have gotten ugly on both sides in former Dallas Cowboys star Deion Sanders breakup with second-wife Pilar Sanders, but the celebrity divorce filed in Dallas County also contains an interesting legal question.

In an effort to stiff-arm the prenup she signed that shields the bulk of Deions assets from her -- including their $21 million North Texas home -- Pilar is claiming that she is entitled to the assets because she signed the papers under duress. In this FOX Ch. 4 report, Dallas family law attorney Brad LaMorgese, of McCurley Orsinger McCurley Nelson & Downing, provides some analysis on the latest legal manueverings. See the video here.

Tax Attorney Todd Lowther: IRS Offers Amnesty for Employers That Improperly Classify Workers

Tue, 17 Jan 2012 15:50:13 -0600

Weve all read about amnesty offered to individuals who turn in unwanted handguns and for deadbeat dads who are behind on child support payments.

Now, the IRS is offering its own sort of amnesty to employers who previously improperly classified workers as consultants or contractors, rather than as employees to avoid the costs associated with hiring them (such as unemployment, workers compensation and overtime).

As the San Francisco Chronicle writes:

Under the amnesty program, if an employer that is not already being audited voluntarily reclassifies its employees, it will pay a fraction of the employment taxes due for the most recent year, no interest or penalties and will not be subject to an IRS employment tax audit for past years. But it's not a get-out-of-jail-almost-free card. The employer could still be liable for unpaid state unemployment insurance and workers' compensation premiums. Workers who had been misclassified could sue to recover pay and benefits they might have been entitled to.

Reclassifying workers under the IRS program could even encourage state agencies and workers to pursue such claims

Still, the IRS initiative has its upside, according to Todd Lowther of the Houston office of Thompson & Knight: The program provides partial relief for eligible companies in allowing them to pay only 10 percent of the employment tax liability that would otherwise have been due in prior years. This essentially means that a business can turn itself in to the IRS before being audited and eliminate the risk of IRS penalties for misclassifying employees.

Lowther says, however, that companies need to consider any potential liability under state employment law before pursuing coverage under the IRS program.