Bell Nunnally & Martin LLP RSS Feedhttps://www.bellnunnally.com/?t=39&format=xml&stylesheet=rss&directive=0&records=20en-us22 Apr 2019 00:00:00 -0800firmwisehttp://blogs.law.harvard.edu/tech/rssFile Your Liens Like an Avenger - Advanced Classhttps://www.bellnunnally.com/?t=40&an=89290&format=xml&p=7016<strong>Event Details: </strong><br /> <br /> Randy Lindley will present &quot;File Your Liens Like an Avenger&quot; for the National Association of Credit Management (NACM) Southwest. Breakfast and lunch is provided.<br /> <br /> <strong>Date/Time:<br /> </strong><br /> Thursday, May 16, 2019<br /> 9:00 AM - 3:00 PM<strong><br /> <br /> Location:</strong><br /> <br /> Hackberry Creek Country Club<br /> 1901 W Royal Ln<br /> Irving, TX 75063<br /> <br /> <strong>Overview:</strong><br /> <br /> Lindley will cover the following topics:<br /> <ul> <li>Mechanic's &amp; Materialman's Lien Claims Asserted by: <ul> <li>General Contractors</li> <li>Subcontractors</li> <li>Suppliers</li> </ul> </li> <li>Claims Against Leaseholds</li> <li>Claims Against Residential Construction</li> <li>Retainage Issues</li> <li>Perfection of Payment Bond Claims on: <ul> <li>Private Projects</li> <li>State Projects</li> <li>Federal Projects</li> </ul> </li> <li>Lawsuits to Foreclose the Lien</li> <li>Lawsuits Against the Surety on the Board</li> <li>Pay-if-Paid Clause</li> <li>Case Law Updates</li> <li>Trust Fund Statute/Bankruptcy Issues</li> <li>Legislative Updates</li> </ul> <br /> <br /> <strong>For registration information, please click </strong><a href="https://form.jotform.com/90555331881156"><strong>here</strong></a><strong>. </strong>Events16 May 2019 00:00:00 -0800https://www.bellnunnally.com/?t=40&an=89290&format=xmlFile Your Liens Like an Avenger - Beginner Classhttps://www.bellnunnally.com/?t=40&an=89288&format=xml&p=7016<strong>Event Details:&nbsp;</strong><br /> <br /> Randy Lindley will present &quot;File Your Liens Like an Avenger&quot; for the National Association of Credit Management (NACM) Southwest. Breakfast and lunch is provided. <br /> <br /> <strong>Date/Time:<br /> <br /> </strong>Thursday, April 18, 2019<br /> 9:00 AM - 3:00 PM<strong><br /> <br /> Location: </strong><br /> <br /> Hackberry Creek Country Club<br /> 1901 W Royal Ln<br /> Irving, TX 75063<br /> <br /> <strong>Overview:</strong><br /> <br /> Lindley will cover the following topics: <br /> <ul> <li>Mechanic's &amp; Materialman's Lien Claims Asserted by: <ul> <li>General Contractors</li> <li>Subcontractors</li> <li>Suppliers</li> </ul> </li> <li>&nbsp;Claims Against Leaseholds</li> <li>Claims Against Residential Construction</li> <li>Retainage Issues</li> <li>Perfection of Payment Bond Claims on: <ul> <li>Private Projects</li> <li>State Projects</li> <li>Federal Projects</li> </ul> </li> <li>Lawsuits to Foreclose the Lien</li> <li>Lawsuits Against the Surety on the Board</li> <li>Legislative Updates</li> </ul> <br /> <strong>For registration information, please click </strong><a href="https://form.jotform.com/90555091310146"><strong>here</strong></a><strong>. </strong><br />Events18 Apr 2019 00:00:00 -0800https://www.bellnunnally.com/?t=40&an=89288&format=xmlBrent Hockaday Elected Texas Bar Foundation "Fellow"https://www.bellnunnally.com/?t=40&an=90668&format=xml&p=7016<div style="text-align: justify;">Associate Brent D. Hockaday has been elected a Texas Bar Foundation &ldquo;Fellow,&rdquo; a distinction bestowed on only one-third of one percent of all members of the State Bar of Texas in any single year and given in recognition of outstanding contributions to the legal profession and a proven commitment to the community. Hockaday was nominated by members of his District Nominating Committee and elected by the Texas Bar Foundation Board of Trustees. The Texas Bar Foundation is the largest charitably-funded bar foundation in the United States and is committed to a mission of using financial contributions to build a strong justice system for all Texans &ndash; with more than $19 million to date going to nonprofit organizations that advance justice-related programs and services.<br /> <br /> Hockaday joins Bell Nunnally attorneys George W. Coleman, Irene L. Hosford, Danica L. Mathes, Sonja J. McGill, Kassandra G. McLaughlin, Jacob N. Pollack, Mark A. Shoffner, Larry L. Shosid, Christopher B. Trowbridge and Ross A. Williams as Texas Bar Foundation &ldquo;Fellows.&rdquo;</div>News18 Apr 2019 00:00:00 -0800https://www.bellnunnally.com/?t=40&an=90668&format=xmlApproaching Healthcare False Claims Act Cases from Both a Defense and Plaintiff Vantage Pointhttps://www.bellnunnally.com/?t=40&an=90664&format=xml&p=7016<strong>Event Details:</strong><br /> <br /> Partner Jeff Ansely co-presented &quot;Approaching Healthcare False Claims Act Cases from Both a Defense and Plaintiff Vantage Point&quot; (part 2 of a two-part series on the FCA) for the Dallas Bar Association Health Law Section. <br /> <br /> <strong>Date/Time:</strong><br /> <br /> Wednesday, April 17, 2019<br /> 12:00 PM<br /> <br /> <strong>Location:</strong><br /> <br /> The Belo Mansion<br /> 2101 Ross Avenue<br /> Dallas, TX 75201<br /> <br /> <strong>Overview:</strong><br /> <br /> The presentation covered the following topics: <br /> <ul> <li>How Bringing a False Claims Act Case Differs From Other Cases</li> <li>The Granston Memo and the EDPA's Decision in <em>EMD Serono</em></li> <li>Recent Trends in FCA Healthcare Litigation and Notable Cases</li> <li>EKRA</li> <li>HIPPA and Trade Secrets</li> <li>Handling a Civil-Criminal Case from the Defense Side and Counterclaims</li> <li>Take-Aways &amp; Questions</li> </ul> The PowerPoint from the presentation can be viewed <a href="/27F299/assets/files/Documents/RoseMcKennaAnsleyDBAPres040519B.pdf">here</a>.<br /> <br type="_moz" />Events17 Apr 2019 00:00:00 -0800https://www.bellnunnally.com/?t=40&an=90664&format=xmlWhat Kanye Can Teach Us About Litigationhttps://www.bellnunnally.com/?t=40&an=90284&format=xml&p=7016<div style="text-align: justify;"><strong>Event Details:</strong><br /> <br /> Brent Turman will present &quot;What Kanye Can Teach Us About Litigation&quot; for the Tarrant County Young Lawyers Association. <br /> <br /> <strong>Overview:<br /> <br /> </strong>Over the past decade, Kanye West has run the gamut when it comes to civil lawsuits. From copyright and trademark infringement to breaches of contract to class action litigation, West has seen it all. In this presentation, Turman analyzes Kanye&rsquo;s &ldquo;greatest hits&rdquo; in the courtroom and shares lessons other attorneys can learn from his experiences in the courtroom.<strong><br /> <br /> Date/Time:</strong><br /> <br /> April 16, 2019<br /> 11:45 AM - 1:00 PM<br /> <br /> <strong>Location:</strong><br /> <br /> Reata<br /> 310 Houston Street<br /> Fort Worth, TX 76102<br /> <strong><br /> </strong><strong>Overview:</strong><br /> <br /> Over the past decade, Kanye West has run the gamut when it comes to civil lawsuits. From copyright and trademark infringement to breaches of contract to class action litigation, West has seen it all. In this presentation, Turman analyzes Kanye&rsquo;s &ldquo;greatest hits&rdquo; in the courtroom and shares lessons other attorneys can learn from his experiences in the courtroom.<br /> <br /> <strong><br /> For registration Information, please click </strong><a href="http://www.tcyla.org/event/cle-luncheon-2019-4/"><strong>here</strong></a><strong>.</strong></div>Events16 Apr 2019 00:00:00 -0800https://www.bellnunnally.com/?t=40&an=90284&format=xmlThis Is Awkward: Understanding Race, Gender and Generational Gaps, Conquering Communication and Cultural Differenceshttps://www.bellnunnally.com/?t=40&an=90432&format=xml&p=7016<strong>Event Details:</strong><br /> <br /> Saba Syed is presenting &ldquo;This Is Awkward: Understanding Race, Gender and Generational Gaps, Conquering Communication and Cultural Differences,&rdquo; for the Dallas Bar Association as part of the Life Skills for Lawyers series. <br /> <br /> <strong>Date/Time:</strong><br /> <br /> Tuesday, April 16, 2019<br /> 12:00 PM<br /> <br /> <strong>Location:</strong><br /> <br /> 2101 Ross Ave., <br /> Dallas, TX 75201<br /> <br /> <strong>Overview:</strong><br /> <br /> This is a new program series by the DBA offering education and training on various life skills in cultivating and maintaining meaningful connections. The seminar will focus on bridging communication gaps and avoiding communication pitfalls. <br /> <br /> For more information, please click <a href="http://www.dallasbar.org/event/special-cle-program-life-skills-lawyers-0">here</a>. <br /> <br /> <br /> <br />Events16 Apr 2019 00:00:00 -0800https://www.bellnunnally.com/?t=40&an=90432&format=xmlPartner Mark Shoffner Examines SB 112 – Texas Bill Addressing Gender Pay Discriminationhttps://www.bellnunnally.com/?t=40&an=90615&format=xml&p=7016<div style="text-align: justify;">Partner Mark A. Shoffner authored the <em>Texas Lawyer</em> article titled, &ldquo;SB 112 &ndash; Is Change In the Future?&rdquo; The piece explores SB 112 &ndash; a piece of legislation currently pending in the Texas Legislature that would significantly expand and extend the statute of limitations for pay discrimination claims under state law. More specifically, this proposal provides that an employer commits an unlawful act <u>each time</u> an employee is &lsquo;adversely affected by application of a discriminatory compensation decision or other practice,&rsquo; including each time wages affected by the decision or practice are paid.&rdquo; Shoffner notes, &ldquo;this amendment resets the statute of limitations for discriminatory pay decisions or practices with each paycheck reflecting the decision or practice.&rdquo; In addition to an analysis of SB 112, Shoffner also provides historical context for the bill, including the federal &ldquo;Lilly Ledbetter Fair Pay Act,&rdquo; which made similar changes to pay discrimination claims under Title VII and other federal statutes. He concludes by urging employers to regularly audit their pay practices to ensure compliance with applicable law and to closely monitor SB 112&rsquo;s progress until the legislature adjourns on May 27.<br /> <br /> Full text of the article is below and can be viewed on <em>Texas Lawyer&rsquo;s</em> website by clicking <a href="https://www.law.com/texaslawyer/2019/03/29/sb-112-is-change-in-the-future/">here</a>.<br /> <br /> <strong>SB 112 &ndash; Is Change In the Future?</strong><br /> <br /> With perhaps too much fanfare, President Barack Obama signed the Lilly Ledbetter Fair Pay Act in 2009. This law substantially relaxed the deadline to file pay discrimination claims under Title VII and other federal statutes. Some members of the Texas Legislature now want to enact similar legislation in the Lone Star State.<br /> <strong><br /> U.S. Supreme Court Applies Restrictive Statute of Limitations to Wage Claims &mdash; Congress Reverses the Court </strong><br /> <br /> This issue first gained considerable public attention after the U.S. Supreme Court&rsquo;s decision in Ledbetter v. Goodyear Tire &amp; Rubber Co. In that case, the court held that Ms. Ledbetter&rsquo;s claim for gender and pay discrimination was time-barred because she failed to file an Equal Employment Opportunity Commission (EEOC) charge within 180 days of learning of the discriminatory pay practice. Ledbetter filed her administrative claim upon retirement although the pay disparity between her and her male co-workers had existed for several years. In dissent, Justice Ruth Bader Ginsburg concluded that the receipt of each discriminatory paycheck should have reset the 180-day limitations period. She accused the court of employing a parsimonious interpretation of the statute and publicly invited Congress to act. In response, Congress effectively reversed the Supreme Court by amending federal law to adopt Justice Ginsburg&rsquo;s rationale. Now, the clock for filing a pay discrimination claim under Title VII restarts each time a discriminatory paycheck is received.<br /> <strong><br /> Texas Supreme Court Rejects Application of the Ledbetter Act to State Law Wage Claims</strong><br /> <br /> This same limitations issue later reached the Texas Supreme Court in a case under the Texas Commission on Human Rights Act, the state&rsquo;s analog to Title VII. Under the TCHRA, a claimant must file a complaint with the Texas Workforce Commission (TWC) &ldquo;not later than the 180th day after the date an alleged unlawful employment practice occurred.&rdquo; The state supreme court &mdash; like the court in Ledbetter &mdash; held that the unlawful employment practice &ldquo;occurred&rdquo; when a discriminatory employment decision is made, not when the effects of that decision become manifest in later events and that in the case of a discriminatory pay rate the act of setting the pay rate is the only act taken with a discriminatory motive. The court also concluded that Ledbetter Act does not apply to state law pay discrimination claims and declined to &ldquo;make law&rdquo; absent clear legislative intent. The court then invited the legislature to enact changes to the law as it deemed fit. The Republican-controlled Texas Legislature did so and passed a law substantially similar to the Ledbetter Act, but then-Governor Perry vetoed the bill in 2013.<br /> <br /> <strong>Texas Legislature Again Considers Adoption of the Ledbetter Act</strong><br /> <br /> In the current Texas Legislative session, some lawmakers are again attempting to make changes to the Labor Code that would modify the deadline to bring pay discrimination claims. Specifically, Senate Bill 112 would allow employees subjected to pay discrimination to file a charge of discrimination with the TWC 180 days after the last paycheck reflecting the discriminatory rate of pay. More specifically, this proposal provides that an unlawful employment act occurs each time an employee is &ldquo;adversely affected by application of a discriminatory compensation decision or other practice,&rdquo; including each time wages affected by the decision or practice are paid. So this amendment resets the statute of limitations for discriminatory pay decisions or practices with each paycheck reflecting the decision or practice.<br /> <br /> For employers, this statute would mean that there is no effective statute of limitations for wage discrimination claims, as long as an employee continues to receive allegedly discriminatory paychecks. In other words, a claim for wage discrimination would only accrue upon receipt of a final discriminatory paycheck. It is possible that a decision made years or even decades earlier &mdash; by former management or supervisors &mdash; could become the focus of pay discrimination litigation. Given that the passage of time can have a serious impact on the witnesses and available evidence, these cases would be particularly difficult to defend. This is added incentive for Texas employers to regularly monitor and audit their pay practices to ensure compliance with federal and state law.<br /> <br /> There a few other notable features of the proposed legislation. First, it would allow an aggrieved employee to recover back pay for up to two years prior to filing a charge with the TWC even if the discriminatorily motivated decision occurred outside the period for filing a complaint. Second, while pay discrimination is often associated with gender discrimination, the Texas law &mdash; like the Ledbetter Act &mdash; would modify the statute of limitations for all pay discrimination claims, including those claims that allege pay disparities based on race, color, disability, religion, sex, national origin, or age.<br /> <br /> Proponents of Senate Bill 112 contend that it is difficult for employees to discover the discriminatorily motivated acts because of the secrecy of compensation decisions and that passage of this law will further diminish the pay disparity between men and women. While opponents of the bill assert that the proposed change will open the floodgates for wage discrimination claims and permit lawsuits to be filed years after an allegedly discriminatory act occurred. At this point, it is uncertain whether this bill will ultimately be signed into law by Gov. Greg Abbott, but given similar legislation passed a few years ago, Texas lawyers and employers should closely monitor the progress of Senate Bill 112 until the Legislature adjourns on May 27.<br /> <br /> Reprinted with permission from the April 1, 2019 edition of Texas Lawyer. &copy;2019 ALM Media Properties, LLC. All rights reserved. Further duplication without permission is prohibited.</div>News16 Apr 2019 00:00:00 -0800https://www.bellnunnally.com/?t=40&an=90615&format=xmlBell Nunnally Named "Preferred Legal Counsel" for Dallas' AT&T Performing Arts Centerhttps://www.bellnunnally.com/?t=40&an=90569&format=xml&p=7016<div style="text-align: justify;">Bell Nunnally is proud to announce that it has partnered with the <a href="https://www.attpac.org/">AT&amp;T Performing Arts Center</a> to serve as its &ldquo;Preferred Legal Counsel.&rdquo; The AT&amp;T Performing Arts Center is a $354M multi-venue center located in the Dallas Arts District. The Center&rsquo;s mission is to provide a public gathering place that strengthens community and fosters creativity through the presentation of performing arts and arts education programs. The AT&amp;T Performing Arts Center is composed of premier performance venues, including the Margot and Bill Winspear Opera House, Dee and Charles Wyly Theatre, and Annette Strauss Square, as well as the Elaine D. and Charles A. Sammons Park. The Center hosts performances of theater, dance, and music, as well as concerts, performers, and various speakers and events, and serves as the home of five of the city&rsquo;s leading arts institutions: Anita N. Martinez Ballet Folklorico, Dallas Black Dance Theatre, The Dallas Opera, Dallas Theater Center, and Texas Ballet Theater. Celebrating its 10 year anniversary, the venue has hosted well-known performers such as jazz musician Branford Marsalis, tenor Jos&eacute; Carreras, and comedian Billy Crystal. Bell Nunnally is neighbors with the AT&amp;T Performing Arts Center, having moved to the Dallas Arts District in the summer of 2018.<br /> <br /> &ldquo;We&rsquo;re excited and proud to serve as Preferred Legal Counsel to the AT&amp;T Performing Arts Center, one of Dallas&rsquo; premier arts venues,&rdquo; said Bell Nunnally Partner Danica L. Mathes, head of the firm&rsquo;s Entertainment, Advertising and New Media and Intellectual Property practice areas who routinely represents creative artists, arts organizations, and companies who create and utilize creative content and products. &ldquo;We look forward to being of assistance to the Center as it pursues its mission of enriching the community through the arts.&rdquo;</div>News15 Apr 2019 00:00:00 -0800https://www.bellnunnally.com/?t=40&an=90569&format=xmlBell Nunnally Partner Alana Ackels Profiled in Dallas Business Journal as Part of its "40 Under 40"https://www.bellnunnally.com/?t=40&an=90474&format=xml&p=7016<div style="text-align: justify;">Bell Nunnally Partner Alana K. Ackels was recently profiled in the <em>Dallas Business Journal</em> as part of its 2019 &ldquo;40 Under 40&rdquo; class. She was selected by a judging panel comprised of past winners from a wide range of industries and roles in the private, public and non-profit sectors and from among several hundred nominations submitted to the publication. Ackels was honored at an award ceremony on March 21 and featured in the March 23 print issue. Here are excerpts of her profile:<br /> <br /> <strong>On her practice, as company-side labor and employment attorney:</strong><br /> <br /> This includes things like protecting their trade secrets when an employee leaves, preparing key employment agreements and policies, counseling on employee leaves of absence and the FMLA, conducting misconduct investigations, advising on difficult employment terminations, and partnering with the organization through reductions in force, just to name a few.<br /> <br /> <strong>On helping companies mitigate risk, or litigate, when necessary:</strong><br /> <br /> As a seasoned trial lawyer, I use my experience in the courtroom to try and prevent litigation for my clients as much as possible. When necessary, though, and the stakes are high, I try cases.<br /> <br /> <strong>Publication Q+A Excerpts:</strong><br /> <br /> <strong>What&rsquo;s something that you can do better than (just about) anybody else? </strong><br /> <br /> Cook Greek food&hellip;.I have a huge family, and we all love to eat&hellip;.Our family events are big, loud, and full of good food and love.<br /> <br /> <strong>What did you want to be when you were growing up? </strong><br /> <br /> A psychologist, and later, by high school, a lawyer.<br /> <br /> <strong>What do you want to be doing 10 years from now? </strong><br /> <br /> Practicing law and raising my family.<br /> <br /> <strong>Non-profit Involvement</strong><br /> <br /> I serve on the board of Women With Promise, a diverse group of business women dedicated to improving the lives of women in need in North Texas. Women With Promise supports area agencies to give women a hand up to help them escape poverty, domestic violence, or homelessness&hellip;.The goal is that each of the women we support will break the cycle of poverty in their families and become self-sustaining members of the community.<br /> <br /> To read the full profile, please click <a href="https://www.bizjournals.com/dallas/news/2019/03/22/alana-ackels-bell-nunnally.html?s=print">here</a>.<br /> <br /> To read a press release detailing Ackels&rsquo; selection, please click <a href="https://www.bellnunnally.com/bell-nunnally-partner-alana-ackels-recognized-among-dallas-business-journals-40-under-40">here</a>.</div>News10 Apr 2019 00:00:00 -0800https://www.bellnunnally.com/?t=40&an=90474&format=xmlIra Perez Explores in TESLAW Journal Taylor Swift's Landmark Music Contracthttps://www.bellnunnally.com/?t=40&an=90455&format=xml&p=7016<div style="text-align: justify;">Bell Nunnally attorney Ira B. Perez authored the Texas Entertainment and Sports Law Journal (TESLAW Journal) article titled, &ldquo;Raging Against the [Big] Machine: What does Taylor Swift&rsquo;s new record deal mean for the music industry?&rdquo; The piece explores musician Taylor Swift&rsquo;s recent record deal with Universal Music Group (UMG). Perez, whose practice covers a broad range of transactional and business contract matters, breaks down two unique aspects of the deal, which is the first new contract for the multi-platinum selling 29-year-old artist since she signed with Big Machine Records at 15.<br /> <br /> The first notable aspect of her deal with UMG, as chronicled by Perez, is that Swift will retain ownership of the masters of her recordings &ndash; a key difference from her Big Machine agreement and a provision which artists have increasingly demanded, albeit without much success until now. &ldquo;UMG&rsquo;s highly publicized decision to allow Taylor Swift to retain ownership of her master recordings is the kind of move that could send a signal to other artists that UMG may be adopting a more artist-friendly approach in negotiating record deals. At the very least, it sets a precedent for other artists at the peak of their career to demand the same,&rdquo; noted Perez.<br /> <br /> The second landmark aspect of Swift&rsquo;s deal affects far more than just herself: she secured a pledge from UMG to distribute a portion of the proceeds of any sale of its equity in Spotify to all of the record label&rsquo;s artists on the streaming platform. &ldquo;What makes the agreement significant is that Swift used her leverage to benefit other artists. Thanks to Swift, UMG&rsquo;s commitment to its artists is now an enforceable covenant in a written agreement, and the payout will be non-recoupable&mdash;that is, UMG must make the payments to each of its artists without regard to whether any such artist has earned enough royalties for the label to recoup all advances made to or on behalf of the artist,&rdquo; said Perez.<br /> <br /> Swift commanded unique leverage in her negotiations with UMG, forging a lucrative, artist-friendly pact that may serve as a template for future artists.<br /> <br /> To read the full text of Perez&rsquo; article, please click <a href="http://texasbar.informz.net/texasbar/data/images/Sections/2018-2019/entertainment/43535-TESLAW%20Journal%20Spring%2019%20P2.pdf">here</a>.</div>News09 Apr 2019 00:00:00 -0800https://www.bellnunnally.com/?t=40&an=90455&format=xml