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    <title>GDHM News</title>
    <link>http://gdhm.com/news/</link>
    <description>GDHM Graves Dougherty Hearon and Moody is an Austin, Texas-based law firm with more than 60 attorneys focused on delivering results that make a positive difference for clients and the community.</description>
    <dc:language>en</dc:language>
    <dc:creator>abussey@gdhm.com</dc:creator>
    <dc:rights>Copyright 2013</dc:rights>
    <dc:date>2013-05-07T04:08:23+00:00</dc:date>
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    <item>
      <title>Keeping Secrets: Your Policy on Confidentiality of Employee Investigations Might Not Be Lawful</title>
<link>http://www.gdhm.com/index.php/site/news/keeping_secrets_your_policy_on_confidentiality_of_employee_investigati/</link>
      <guid>http://www.gdhm.com/index.php/site/keeping_secrets_your_policy_on_confidentiality_of_employee_investigati/#When:03:08:23Z</guid>
      <!--<description>Employee Investigations and Confidentiality:
Employers have an obvious interest in keeping employee investigations confidential. It is common for employers to instruct employees participating in the investigation that they must keep matters related to the investigation confidential. However, the NLRB&#39;s General Counsel&#39;s Office recently released an advice memorandum in the case of Verso Paper stating that an employer&#39;s policy categorically prohibiting employees from disclosing information about employee investigations is unlawfully overbroad and interferes with employees&#39; Section 7 Rights. In that same memorandum, the General Counsel provided an example of lawful confidentiality language that employers may use for policies and forms related to confidentiality in employee investigations.
&amp;nbsp;
Facts of Verso Paper Case:
The employer, Verso Paper, maintained a confidentiality provision in its code of conduct stating that:
Verso has a compelling interest in protecting the integrity of its investigations. In every investigation, Verso has a strong desire to protect witnesses from harassment, intimidation and retaliation, to keep evidence from being destroyed, to ensure that testimony is not fabricated, and to prevent a cover&#45;up. To assist Verso in achieving these objectives, we must maintain the investigation and our role in it in strict confidence. If we do not maintain such confidentiality, we may be subject to disciplinary action up to and including immediate termination.
&amp;nbsp;
The General Counsel&#39;s Office concluded that these blanket confidentiality requirements are unlawful under the NLRB&#39;s decision in a previous case, Banner Health System dba Banner Estrella Medical Center and James Navarro, Case 28&#45;CA&#45;023438, July 30, 2012. The General Counsel&amp;rsquo;s Office also stated that:

The first two sentences setting out potential interests in confidentiality were lawful.
The unlawful provision could be remedied if the employer had employees acknowledge: 

[Employer] may decide in some circumstances that in order to achieve these objectives, we must maintain the investigation and our role in it in strict confidence. If [Employer] reasonably imposes such a requirement and we do not maintain such confidentiality, we may be subject to disciplinary action up to and including immediate termination



&amp;nbsp;
Take Aways for Employers:

Although this advice memorandum is not binding precedent from the panel (Board) heading the judicial functions of the NLRB, employers might consider shoring up policies regarding confidentiality and forms they use during investigations to include:
Statements like those in the first two sentences of Verso&#39;s provision.
An employee acknowledgment similar to the one suggested by the General Counsel&#39;s Office.

&amp;nbsp;
Please contact the head of GDHM&amp;rsquo;s Employment Law group, Susan Burton, at sburton@gdhm.com or 512.480.5738 for more information about employee investigations, or any other employment law related questions.
&amp;nbsp;
Notice: We are providing this client alert as a commentary on current legal issues, and it should not be considered legal advice, which depends on the facts of each situation. Receipt of this client alert does not establish an attorney&#45;client relationship. The listed attorneys and / or other attorneys may provide services in connection with a particular matter.</description>-->
      <dc:subject>Client Alerts</dc:subject>
      <dc:date>2013-05-07T03:08:23+00:00</dc:date>
    </item>

    <item>
      <title>Pete Kennedy Arguing for the First Amendment and Beer</title>
<link>http://www.gdhm.com/index.php/site/news/pete_kennedy_arguing_for_the_first_amendment_and_beer/</link>
      <guid>http://www.gdhm.com/index.php/site/pete_kennedy_arguing_for_the_first_amendment_and_beer/#When:19:18:04Z</guid>
      <!--<description></description>-->
      <dc:subject>Publications</dc:subject>
      <dc:date>2013-04-15T19:18:04+00:00</dc:date>
    </item>

    <item>
      <title>GDHM welcomes Matt Kutac</title>
<link>http://www.gdhm.com/index.php/site/news/gdhm_welcomes_matt_kutac/</link>
      <guid>http://www.gdhm.com/index.php/site/gdhm_welcomes_matt_kutac/#When:21:43:11Z</guid>
      <!--<description>GDHM welcomes Matthew Kutac to the firm.
&amp;nbsp;
Kutac joins the real estate practice at Graves Dougherty focusing on real estate transactions and development, special districts, and water and wastewater utilities.
&amp;nbsp;
Prior to practicing at Graves Dougherty, Kutac worked at Barrett &amp;amp; Smith PLLC in Austin. He earned his Bachelor of Business Administration in finance from The University of Texas&#45;Pan American, where he was a member of the NCAA Division I baseball team. He earned his doctorate of jurisprudence from The University of Texas School of Law.
&amp;nbsp;
In his spare time, Kutac enjoys spending time with his wife of nine years and their two children.</description>-->
      <dc:subject>News, Environment and Natural Resources: Oil, Gas, Land &amp; Water, Real Estate</dc:subject>
      <dc:date>2013-03-13T21:43:11+00:00</dc:date>
    </item>

    <item>
      <title>Danny Ramon will be named the new president of the Austin LGBT Bar Association</title>
<link>http://www.gdhm.com/index.php/site/news/danny_ramon_will_be_named_the_new_president_of_the_austin_lgbt_bar_associat/</link>
      <guid>http://www.gdhm.com/index.php/site/danny_ramon_will_be_named_the_new_president_of_the_austin_lgbt_bar_associat/#When:21:22:16Z</guid>
      <!--<description>Danny Ramon will be named the new president of the Austin LGBT Bar Association, beginning March 1, 2013.
&amp;nbsp;
Ramon concentrates his practice in general civil litigation, at the trial and appellate level, and employment law. His experience covers a wide range of subject areas including: complex business disputes, real estate and construction litigation, employment discrimination and retaliation lawsuits.
&amp;nbsp;
Ramon earned his undergraduate degree from Stanford University and his law degree from The University of Texas School of Law. During his time at UT Law, Ramon served as the president of Outlaw, a social and political student organization dedicated to serving the LGBT community at the law school.
&amp;nbsp;
Prior to joining Graves Dougherty in 2007, Ramon was the legislative director for State Representative Roberto R. Alonzo. He currently is involved in several organizations including Equality Texas, the Hispanic Bar Association of Austin, Texas Young Lawyers Association and the Austin Bar Association.</description>-->
      <dc:subject>News</dc:subject>
      <dc:date>2013-02-27T21:22:16+00:00</dc:date>
    </item>

    <item>
      <title>Appellate Law Blog</title>
<link>http://www.gdhm.com/index.php/site/news/appellate_law_blog/</link>
      <guid>http://www.gdhm.com/index.php/site/appellate_law_blog/#When:15:01:26Z</guid>
      <!--<description>Please visit the&amp;nbsp;Appellate Law Blog for insights and updates published by GDHM&#39;s Appellate Lawyers.</description>-->
      <dc:subject>Blogs</dc:subject>
      <dc:date>2013-02-16T15:01:26+00:00</dc:date>
    </item>

    <item>
      <title>GDHM is proud to support the Texas Film Hall of Fame Awards</title>
<link>http://www.gdhm.com/index.php/site/news/gdhm_is_proud_to_support_the_texas_film_hall_of_fame_awards/</link>
      <guid>http://www.gdhm.com/index.php/site/gdhm_is_proud_to_support_the_texas_film_hall_of_fame_awards/#When:23:03:27Z</guid>
      <!--<description>GDHM is proud to annsupport the 2013 Texas Film Hall of Fame Awards.
&amp;nbsp;
&amp;ldquo;This firm has a long history of giving back to the community,&amp;rdquo; Rick Triplett,&amp;nbsp;Shareholder&amp;nbsp;at GDHM who practices in the fields of entertainment and commercial real estate and an Austin Film Society board member since 2000, said. &amp;ldquo;We are particularly excited about this opportunity because of the importance of the film industry to Austin&amp;rsquo;s culture and economy.&amp;rdquo;
&amp;nbsp;
The 13th annual Texas Film Hall of Fame Awards will be held Thursday, March 7 at 6 p.m. at Austin Studios and will honor a legendary group of Texas artists in film and television. This year&amp;rsquo;s honorees are a talented group that includes Academy, Golden Globe, Gotham, Spirit and Emmy Award&#45;nominated actors. One hundred percent of the evening&amp;rsquo;s proceeds benefit the Austin Film Society&amp;rsquo;s filmmaking grants and educational programs, which discover and fund emerging talent throughout the state of Texas, often launching significant careers in the arts.&amp;nbsp;</description>-->
      <dc:subject>News</dc:subject>
      <dc:date>2013-02-15T23:03:27+00:00</dc:date>
    </item>

    <item>
      <title>Join us for TEDxAustin FearLess!</title>
<link>http://www.gdhm.com/index.php/site/news/join_us_for_tedxaustin_fearless/</link>
      <guid>http://www.gdhm.com/index.php/site/join_us_for_tedxaustin_fearless/#When:14:55:14Z</guid>
      <!--<description>Join us at Graves, Dougherty, Hearon &amp;amp; Moody
To watch the webcast live from
Circuit of the Americas
Austin, Texas, USA
Saturday, Feb. 9, 2013




&amp;nbsp;
We&amp;rsquo;ll be showing the live broadcast at our offices.
Come enjoy the view, food and drinks, and the company of like&#45;minded folks interested in
TEDxAustin FearLess
401 Congress Avenue
Floor 22 of the Frost Bank Building
Austin, Texas 78701
Parking provided
This event is FREE, however space is limited. Please register to ensure your spot.
&amp;nbsp;




TEDxAustin FearLess is a full day of talks broken into three sessions.
10:00 a.m. &amp;ndash; 12:00 p.m.
1:30 &amp;ndash; 3:15 p.m.
4:00 &amp;ndash; 6:00 p.m.
Feel free to come for just one, or all of the sessions.
We&amp;rsquo;ll have snacks, and suggestions for near&#45;by dining during the lunch&#45;time break.




&amp;nbsp;
About TEDxAustinIn the spirit of ideas worth spreading, TED has created a program called TEDx. TEDx is a program of local, self&#45;organized events that bring people together to share a TED&#45;like experience. Our event is called TEDxAustin, where x = independently organized TED event. At our TEDxAustin event, TEDTalks video and live speakers will combine to spark deep discussion and connection in a small group. The TED Conference provides general guidance for the TEDx program, but individual TEDx events, including ours, are self&#45;organized. Learn more at ted.com/tedx.
&amp;nbsp;




To view photos and videos from previous TEDxAustin events, visit tedxaustin.com/relive</description>-->
      <dc:subject>News</dc:subject>
      <dc:date>2013-02-01T14:55:14+00:00</dc:date>
    </item>

    <item>
      <title>Tips for Preventing Against and Defending Unpaid Overtime Lawsuits</title>
<link>http://www.gdhm.com/index.php/site/news/tips_for_preventing_against_and_defending_unpaid_overtime_lawsuits/</link>
      <guid>http://www.gdhm.com/index.php/site/tips_for_preventing_against_and_defending_unpaid_overtime_lawsuits/#When:22:18:23Z</guid>
      <!--<description>Lawsuits for unpaid overtime continue to be one of the more prevalent types of employment claims brought against all types of employers.
&amp;nbsp;
One proactive and preventative strategy to avoid such lawsuits is to have a company policy prohibiting employees from working more than forty hours a week without prior approval.
&amp;nbsp;
Such a policy is a good step towards managing the risk of lawsuits for unpaid overtime. However, employees who sue for overtime often claim that the employer circumvented or did not follow its own policy because supervisors:

withheld overtime approval;
required employees to either clock out but continue working or not clock in during working time i.e. during &amp;ldquo;on&#45;call&amp;rdquo; time;
falsified their employees&amp;rsquo; time records to avoid reporting of overtime.

&amp;nbsp;
If an employee makes these types of claims, the employer must then be able to present credible evidence (i.e. documentation) that the employee is wrong. &amp;nbsp;If a group of employees presents a consistent story, &amp;nbsp;i.e. that supervisors would not let them report overtime, then it will be difficult for the employer to win on this fact question.&amp;nbsp;&amp;nbsp;Even if the employer has good policies, if the supervisors are not enforcing them, the employer may be liable for unpaid overtime and the other damages and attorneys&amp;rsquo; fees that are available in unpaid overtime cases.
Employers with &amp;ldquo;overtime approval required&amp;rdquo; policies should &amp;nbsp;remember these tips:

Train your supervisors on the company policies regarding overtime and remind them that employees must be paid for all overtime worked, even if it was not authorized. If it was worked, it needs to be paid.
It deserves repeating &#45;&#45; non&#45;exempt employees who violate the policy and work more than 40 hours without approval must still be paid for all hours worked.
Employees who violate the policy can and should be consistently and equally disciplined.
The discipline for failing to obtain prior approval should usually be progressive discipline (everything from &amp;ldquo;don&amp;rsquo;t do it again&amp;rdquo; for the first offense to &amp;ldquo;you&amp;rsquo;re fired!&amp;rdquo; after appropriate warnings and reprimands have been given to no avail).

&amp;nbsp;
Please contact the head of GDHM&amp;rsquo;s Employment Law group, Susan Burton, at sburton@gdhm.com or 512.480.5738 for more information about overtime laws, or any other employment law related questions.
&amp;nbsp;
Notice: We are providing this client alert as a commentary on current legal issues, and it should not be considered legal advice, which depends on the facts of each situation. Receipt of this client alert does not establish an attorney&#45;client relationship. The listed attorneys and / or other attorneys may provide services in connection with a particular matter.</description>-->
      <dc:subject>Client Alerts</dc:subject>
      <dc:date>2013-01-31T22:18:23+00:00</dc:date>
    </item>

    <item>
      <title>David Smith comments on possible $29 million endangered species listing</title>
<link>http://www.gdhm.com/index.php/site/news/david_smith_comments_on_possible_29_million_endangered_species_listing/</link>
      <guid>http://www.gdhm.com/index.php/site/david_smith_comments_on_possible_29_million_endangered_species_listing/#When:15:48:55Z</guid>
      <!--<description>David Smith comments on cost of designating land as critical habitat for the four salamanders proposed for endangered species listing.</description>-->
      <dc:subject>News, Environment and Natural Resources: Oil, Gas, Land &amp; Water, Real Estate</dc:subject>
      <dc:date>2013-01-25T15:48:55+00:00</dc:date>
    </item>

    <item>
      <title>Michelle Alcala Receives Board Certification in Labor and Employment Law</title>
<link>http://www.gdhm.com/index.php/site/news/michelle_alcala_receives_board_certification_in_labor_and_employment_l/</link>
      <guid>http://www.gdhm.com/index.php/site/michelle_alcala_receives_board_certification_in_labor_and_employment_l/#When:14:29:08Z</guid>
      <!--<description>Michelle Alcala&amp;nbsp;has become&amp;nbsp;Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization (TBLS).&amp;nbsp;
&amp;nbsp;
Board Certified attorneys must be licensed for at least five years, devote a required percentage of practice to a specialty area for at least three years, attend continuing education seminars, pass an evaluation by fellow lawyers and judges and pass a six&#45;hour written examination.
&amp;nbsp;
&amp;ldquo;An attorney has to do something extra to get certified, and then they have to continue to work and acquire knowledge in their specialty area to remain certified,&amp;rdquo; Judy Lenox, chairman of the TBLS Board of Directors, said. &amp;ldquo;This is a life&#45;long commitment.&amp;rdquo;
&amp;nbsp;
Alcala is a 2003 graduate of Harvard Law School. She has been with Graves, Dougherty, Hearon &amp;amp; Moody since 2004 and was licensed by the State Bar of Texas in 2003.
&amp;nbsp;
Board Certification is offered to attorneys in 21 specific areas of law. Initial certification is valid for five years. To remain certified, attorneys and paralegals must apply for recertification every five years and meet substantial involvement, peer review and continuing legal education requirements for their specialty area.</description>-->
      <dc:subject>News, Employment Law</dc:subject>
      <dc:date>2013-01-22T14:29:08+00:00</dc:date>
    </item>

    <item>
      <title>Bill Locke&#8217;s article in the ABA, Environmental Transactions and Brownfields Committee newsletter</title>
<link>http://www.gdhm.com/index.php/site/news/bill_lockes_article_in_the_aba_environmental_transactions_and_brownfie/</link>
      <guid>http://www.gdhm.com/index.php/site/bill_lockes_article_in_the_aba_environmental_transactions_and_brownfie/#When:20:40:12Z</guid>
      <!--<description>Bill Locke&amp;rsquo;s article &amp;ldquo;Selling &amp;lsquo;As Is&amp;rsquo; in a Contaminated World&amp;rdquo; was published in the December newsletter for the Environmental Transactions and Brownfields Committee of the ABA Section on Environment, Energy and Resources.</description>-->
      <dc:subject>News</dc:subject>
      <dc:date>2013-01-17T20:40:12+00:00</dc:date>
    </item>

    <item>
      <title>David Smith on deciding between two green priorities â€” endangered species and wind power</title>
<link>http://www.gdhm.com/index.php/site/news/david_smith_on_deciding_between_two_green_priorities_endangered_species_and/</link>
      <guid>http://www.gdhm.com/index.php/site/david_smith_on_deciding_between_two_green_priorities_endangered_species_and/#When:14:49:48Z</guid>
      <!--<description>In an article published by the Texas Tribune, David Smith talks about the implications certain endangered species listings could have on the oil, gas and wind industries.</description>-->
      <dc:subject>News, Administrative &amp; Regulatory Litigation, Environment and Natural Resources: Oil, Gas, Land &amp; Water</dc:subject>
      <dc:date>2013-01-14T14:49:48+00:00</dc:date>
    </item>

    <item>
      <title>Danny Ramon selected for Leadership Academy</title>
<link>http://www.gdhm.com/index.php/site/news/danny_ramon_selected_for_leadership_academy/</link>
      <guid>http://www.gdhm.com/index.php/site/danny_ramon_selected_for_leadership_academy/#When:23:22:35Z</guid>
      <!--<description>Congratulations to Danny Ram&amp;oacute;n&amp;nbsp;on being&amp;nbsp;selected as a member of the 2013 class&amp;nbsp;of&amp;nbsp;Austin Bar/Austin Young Lawyers Association Leadership Academy.
&amp;nbsp;
The goal of the Austin Bar/AYLA Leadership Academy (the &amp;ldquo;Academy&amp;rdquo;) is to assist Austin&#45;area lawyers in making a difference in our community and in service to the Bar.</description>-->
      <dc:subject>News</dc:subject>
      <dc:date>2012-12-10T23:22:35+00:00</dc:date>
    </item>

    <item>
      <title>GDHM named Go&#45;To Law Firm for Intellectual Property Litigation</title>
<link>http://www.gdhm.com/index.php/site/news/gdhm_named_go-to_law_firm_for_intellectual_property_litigation/</link>
      <guid>http://www.gdhm.com/index.php/site/gdhm_named_go-to_law_firm_for_intellectual_property_litigation/#When:15:19:52Z</guid>
      <!--<description>Graves Dougherty has been named a 2013 &amp;ldquo;Go&#45;To Law Firm&amp;rdquo; in ALM&amp;rsquo;s In&#45;House Law Departments at the Top 500 Companies. This distinction places Graves Dougherty in an elite group that delivers exceptional work for the in&#45;house legal departments at Fortune 500 companies.&amp;nbsp; Graves Dougherty was selected by client Dell Inc. as a Go&#45;To Law Firm for Intellectual Property Litigation.
&amp;nbsp;
ALM, a leading provider of legal news and publications such as Corporate Counsel, The American Lawyer and The National Law Journal, compiles the rankings through annual surveys among Fortune 500 general counsel and other leaders regarding law firms on which they rely for outside counsel, in addition to in&#45;depth research of public records, including court dockets and securities filings.</description>-->
      <dc:subject>News, Intellectual Property</dc:subject>
      <dc:date>2012-12-05T15:19:52+00:00</dc:date>
    </item>

    <item>
      <title>Congratulations to Mary Nichols on receiving a Magna Stella Award</title>
<link>http://www.gdhm.com/index.php/site/news/congratulations_to_mary_nichols_on_receiving_a_magna_stella_award/</link>
      <guid>http://www.gdhm.com/index.php/site/congratulations_to_mary_nichols_on_receiving_a_magna_stella_award/#When:17:13:15Z</guid>
      <!--<description>Congratulations to Mary B. Nichols, senior vice president and general counsel for Texas Mutual Insurance Company in Austin, on receiving the 2012 Magna Stella Award for Major Litigation from the Texas General Counsel Forum.
&amp;nbsp;
Each year, The General Counsel Forum&amp;nbsp;presents the Magna Stella Awards for in&#45;house excellence in leadership and management.
&amp;nbsp;
We are proud to work with outstanding lawyers like Mary.</description>-->
      <dc:subject>News</dc:subject>
      <dc:date>2012-11-26T17:13:15+00:00</dc:date>
    </item>

    <item>
      <title>Cecile Richards acknowledges Graves Dougherty at the Choice for Generations Dinner</title>
<link>http://www.gdhm.com/index.php/site/news/cecile_richards_acknowledges_graves_dougherty_at_the_choice_for_genera/</link>
      <guid>http://www.gdhm.com/index.php/site/cecile_richards_acknowledges_graves_dougherty_at_the_choice_for_genera/#When:15:04:00Z</guid>
      <!--<description>Cecile Richards acknowledges Graves Dougherty at the Choice for Generations Dinner for Planned Parenthood of Greater Texas
&amp;nbsp;
&amp;ldquo;We are thankful for the amazing attorneys from the law firm Graves, Dougherty, Hearon &amp;amp; Moody including Pete Schenkkan, Susan Conway, Will Dibrell, Mike McKetta, Boyce Cabaniss, Michael Whellan, and Matt Baumgartner, some of whom I had the pleasure to thank in person.&amp;nbsp; They have literally given hundreds of hours of their time and expertise to represent Planned Parenthood in court as we fight to stay in the Women&amp;rsquo;s Health Program.&amp;rdquo; &amp;ndash; Cecile Richards</description>-->
      <dc:subject>News</dc:subject>
      <dc:date>2012-11-16T15:04:00+00:00</dc:date>
    </item>

    <item>
      <title>Brian Cumings recognized at UT&#8217;s annual Bankruptcy Conference</title>
<link>http://www.gdhm.com/index.php/site/news/brian_cumings_recognized_at_uts_annual_bankruptcy_conference/</link>
      <guid>http://www.gdhm.com/index.php/site/brian_cumings_recognized_at_uts_annual_bankruptcy_conference/#When:15:17:12Z</guid>
      <!--<description>At this year&#39;s 31st Annual Jay L. Westbrook Bankruptcy Conference hosted by the University of Texas, Graves Dougherty Bankruptcy attorney, Brian Cumings was recognized as the Outstanding Oral Advocate of the 20th Annual Hon. Conrad B. Duberstein Bankruptcy Moot Court Competition.
&amp;nbsp;
Brian and his teammate, Eric Werlinger,&amp;nbsp;won the competition becoming UT Law&#39;s National Championship Team.
&amp;nbsp;
Also at the conference, Litigation shareholder, Mike McKetta, spoke about expert witnesses in his presentation &quot;Using and Excluding Experts.&quot;</description>-->
      <dc:subject>News, Bankruptcy and Creditors&#39; Remedies</dc:subject>
      <dc:date>2012-11-09T15:17:12+00:00</dc:date>
    </item>

    <item>
      <title>Tom Mason to discuss what the election results mean for water issues in next Legislature</title>
<link>http://www.gdhm.com/index.php/site/news/tom_mason_to_discuss_what_the_election_results_mean_for_water_issues_i/</link>
      <guid>http://www.gdhm.com/index.php/site/tom_mason_to_discuss_what_the_election_results_mean_for_water_issues_i/#When:23:10:57Z</guid>
      <!--<description>Tom Mason speaks on a panel discussing water issues facing the next Legislature.
&amp;nbsp;
The panel is part of an event hosted by the Texas Tribune to talk about what the results of the 2012 election portend for the 83rd session of the Texas Legislature.
&amp;nbsp;
The panel, which will be moderated by James Henson, Director of the Texas Politics Project at UT&#45;Austin, includes Tom Mason;&amp;nbsp;Robert Scott, former Commissioner of Education; Deirdre Delisi, former chairwoman, Texas Transportation Commission; and&amp;nbsp; Albert Hawkins, former commissioner of Texas Health and Human Services Commission.</description>-->
      <dc:subject>News, Administrative &amp; Regulatory Litigation, Environment and Natural Resources: Oil, Gas, Land &amp; Water, Water Law</dc:subject>
      <dc:date>2012-11-07T23:10:57+00:00</dc:date>
    </item>

    <item>
      <title>MORE SPOOKY NEWS FOR EMPLOYERS FROM THE NLRB</title>
<link>http://www.gdhm.com/index.php/site/news/more_spooky_news_for_employers_from_the_nlrb/</link>
      <guid>http://www.gdhm.com/index.php/site/more_spooky_news_for_employers_from_the_nlrb/#When:18:45:04Z</guid>
      <!--<description>MORE SPOOKY NEWS FOR EMPLOYERS FROM THE NLRB: National Labor Relations Board Limits the Confidentiality of Workplace Investigations
&amp;nbsp;
Employers may have to think twice about requiring, or even requesting, employee confidentiality during employee investigations, following a recent ruling by the National Labor Relations Board.
&amp;nbsp;
Section 7 of the National Labor Relations Act (the &amp;ldquo;NLRA&amp;rdquo;) guarantees most private&#45;sector employees&amp;mdash;both union and non&#45;union&amp;mdash;the right to organize and &amp;ldquo;engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.&amp;rdquo;&amp;nbsp; Section 7 of the NLRA protects employees&amp;rsquo; rights to discuss their wages, hours, and other terms and conditions of employment, and Section 8(a)(1) makes it unlawful for an employer to interfere with or restrain its employees&amp;rsquo; exercise of these rights.&amp;nbsp;
&amp;nbsp;
The National Labor Relations Board, the entity that enforces the NLRA, has historically taken a broad view of what constitutes protected &amp;ldquo;concerted activity&amp;rdquo; under Section 7. &amp;nbsp;
&amp;nbsp;
On July 30, 2012, the Board expanded that view even further, ruling that an employer&amp;rsquo;s policy of routinely asking employees not to discuss ongoing internal investigations with their co&#45;workers was unlawful, even where the employer did not threaten to take disciplinary action if the employee breached confidentiality. &amp;nbsp;According to the Board, an employer&amp;rsquo;s &amp;ldquo;generalized concern with protecting the integrity of its investigations is insufficient to outweigh employees&amp;rsquo; Section 7 rights.&amp;rdquo; &amp;nbsp;The Board concluded that the employer should have first made a determination that it needed to request or require confidentiality because it had &amp;ldquo;a legitimate business justification that outweigh[ed] employees&amp;rsquo; Section 7 rights.&amp;rdquo; &amp;nbsp;The Board suggested that circumstances that would justify an instruction to employees to maintain confidentiality might include whether: 
&amp;nbsp;

witnesses needed protection;
evidence was in danger of being destroyed;
testimony was in danger of being fabricated; and/or
&amp;nbsp;there was a need to prevent a cover up. 

&amp;nbsp;
This decision complicates matters for employers conducting internal investigations, which still have a duty to protect the confidentiality of employee complaints to the extent possible, according to the EEOC.&amp;nbsp;
&amp;nbsp;
So what is the solution for employers? &amp;nbsp;
&amp;nbsp;
Based on the Board&amp;rsquo;s July 30th decision, employers should no longer have a blanket policy prohibiting employees from discussing employee investigations.&amp;nbsp; Instead, when the need for an investigation arises, employers should require or request confidentiality only after they have documented up&#45;front, on a case&#45;by&#45;case basis, the specific factors that justify why any confidentiality directives or requests were given.&amp;nbsp; Employers should also review their investigation policies and consult with employment law counsel as to whether such policies should be revised in order to set forth which factors will be taken into account when considering whether confidentiality is appropriate in an investigation (such as whether the complaining party requests confidentiality, whether confidentiality is needed to protect witnesses, evidence, or testimony, etc.).&amp;nbsp;
&amp;nbsp;
The Board continues to be very active in issuing decisions that affect all employers, including non&#45;unionized employers. &amp;nbsp;All employers should be aware of the protections given to employees who engage in protected &amp;ldquo;concerted activity&amp;rdquo; by the NLRA&amp;mdash;whether it be in the context of employee investigations, use of social media, or complaints to supervisors about the workplace.
&amp;nbsp;
Please contact the head of GDHM&amp;rsquo;s Employment Law group, Susan Burton,&amp;nbsp;at sburton@gdhm.com&amp;nbsp;or 512.480.5738 for more information about the NLRB, or any other employment law related questions.
&amp;nbsp;
Notice: We are providing this client alert as a commentary on current legal issues, and it should not be considered legal advice, which depends on the facts of each situation.&amp;nbsp; Receipt of this client alert does not establish an attorney&#45;client relationship.&amp;nbsp; The listed attorneys and / or other attorneys may provide services in connection with a particular matter.</description>-->
      <dc:subject>Client Alerts</dc:subject>
      <dc:date>2012-10-30T18:45:04+00:00</dc:date>
    </item>

    <item>
      <title>Texas Supreme Court issues favorable ruling for firm client, further strengthens Texas Workers Comp</title>
<link>http://www.gdhm.com/index.php/site/news/texas_supreme_court_issues_favorable_ruling_for_firm_client_further_st/</link>
      <guid>http://www.gdhm.com/index.php/site/texas_supreme_court_issues_favorable_ruling_for_firm_client_further_st/#When:19:58:56Z</guid>
      <!--<description>Today the Texas Supreme Court issued an important decision in favor of the firm&amp;rsquo;s client Texas Mutual Insurance Company.&amp;nbsp; Today&amp;rsquo;s ruling in Texas Mutual Insurance Company v. Morris (per curiam) affirms the Court&amp;rsquo;s landmark decision earlier this year in Texas Mutual Insurance Company v. Timothy J. Ruttiger holding that Texas robust workers&amp;rsquo; compensation system precludes &amp;ldquo;bad faith&amp;rdquo; lawsuits.&amp;nbsp;&amp;nbsp;Today&amp;rsquo;s ruling in Morris also holds that Texas Mutual did not commit an Insurance Code &amp;ldquo;misrepresentation&amp;rdquo; violation by following the Division of Workers&amp;rsquo; Compensation procedure for resolving a dispute over a worker&amp;rsquo;s claim.
&amp;nbsp;
For the full text of the opinion, please see:
http://www.supreme.courts.state.tx.us/historical/2012/oct/090495.pdf</description>-->
      <dc:subject>News, Appellate Law, Civil Litigation</dc:subject>
      <dc:date>2012-10-26T19:58:56+00:00</dc:date>
    </item>

    <item>
      <title>Cliff Ernst Named Chair of the Board of Trustees for the Long Center for Performing Arts</title>
<link>http://www.gdhm.com/index.php/site/news/cliff_ernst_named_chair_of_the_board_of_trustees_for_the_long_center_f/</link>
      <guid>http://www.gdhm.com/index.php/site/cliff_ernst_named_chair_of_the_board_of_trustees_for_the_long_center_f/#When:14:06:51Z</guid>
      <!--<description>Corporate attorney Cliff Ernst has been named chair of the board of trustees for the Long Center for the Performing Arts for 2012&#45;2013. Ernst was unanimously elected for this position by the board.
&amp;nbsp;
Ernst is actively involved in the community, having served as president of Ballet Austin, Austin Sunshine Camps and Young Men&#39;s Business League of Austin, prior to taking his position as chair of the board of trustees at the Long Center. An advocate for the arts, Ernst also held the position of chair of the Austin Business Committee for the Arts.
&amp;nbsp;
&amp;ldquo;Cliff Ernst is a great asset to the Long Center,&amp;rdquo; Jamie Grant, executive director and CEO of the Long Center, said. &amp;ldquo;I look forward to working with him as chair.&amp;rdquo;
&amp;nbsp;
As an attorney for Graves Dougherty, Ernst&amp;rsquo;s work in the corporate and finance practice encompasses mergers and acquisitions; venture capital and debt financings; equity offerings; limited liability companies and partnerships; general contracting; and general corporate counseling.&amp;nbsp; Ernst&amp;rsquo;s clients include governmental agencies and a full range of businesses from start&#45;up companies to large corporations in a variety of industries including real estate, professional services, health care, technology, oil and gas, and publishing.
&amp;nbsp;
About the Long Center for the Performing Arts
The Joe R. and Teresa Lozano Long Center for the Performing Arts&amp;minus;Austin&#39;s Creative Home&amp;trade;&amp;minus; opened in&amp;nbsp;March 2008. The Long Center&#39;s mission is to nurture and inspire cultural arts in&amp;nbsp;Austin&amp;nbsp;by encouraging and supporting&amp;nbsp;Austin&amp;nbsp;artists (both the large established arts groups as well as emerging arts groups and individual artists) and by making opportunities available for education, cross&#45;pollination and inspiration through presentation of visiting artists. The Long Center features two performance venues&amp;mdash;the 2,400&#45;seat Michael &amp;amp;&amp;nbsp;Susan Dell Hall&amp;nbsp;and the 240&#45;seat Debra and Kevin Rollins Studio Theatre. The Long Center is home to performances of the Austin Lyric Opera, Austin Symphony Orchestra, Ballet Austin, Austin Shakespeare, Pollyanna Theatre Company, and Tapestry Dance Company and to productions in the Long Center Presents series. The Long Center was built using private funds raised by the nonprofit organization that operates the facility and leases it from the&amp;nbsp;City of Austin. For more information about the Long Center, visit&amp;nbsp;www.thelongcenter.org.</description>-->
      <dc:subject>News, Corporate &amp; Securities</dc:subject>
      <dc:date>2012-10-26T14:06:51+00:00</dc:date>
    </item>

    <item>
      <title>Council approves six story development at Riverside RunTex site</title>
<link>http://www.gdhm.com/index.php/site/news/council_approves_six_story_development_at_riverside_runtex_site/</link>
      <guid>http://www.gdhm.com/index.php/site/council_approves_six_story_development_at_riverside_runtex_site/#When:21:00:38Z</guid>
      <!--<description>October 22, 2012
Council approves six story development at Riverside RunTex site
By Josh Rosenblatt
Re&#45;printed with Permission from In Fact Daily. www.infactdaily.com
&amp;nbsp;
Austin City Council approved on Thursday the rezoning of a large property on the northeast corner of Riverside Drive and South 1st Street to allow for the construction of a six story mixed&#45;use building that will include 9,000 square feet of pedestrian&#45;oriented uses, up to 240 multifamily residential units and&amp;nbsp; a three&#45;level garage.
&amp;nbsp;
The site is best known now as the home of a low&#45;slung building that houses RunTex, the Austin athletic shoe and sportswear retailer.
&amp;nbsp;
Staffers determined that rezoning the property to a planned unit development (PUD) would be the only way to allow the project to exceed the South Shore Subdistrict of the Waterfront Overlay&amp;rsquo;s maximum 60&#45;feet height allowance. The developer requested 75 feet of height for the project.
&amp;nbsp;
In addition, the proposed project would require waivers and variances from the Riverside Drive Scenic Roadway Overlay, which requires a minimum setback of 35 feet from Riverside Drive and 25 feet along S. 1st. The applicant, Alliance Residential, requested a setback of 15 feet along Riverside and no minimum on South 1st.
&amp;nbsp;
Several citizen/neighborhood groups, along with Council Members Laura Morrison and Kathie Tovo, opposed the PUD rezoning, saying the resulting development would defy the guidelines of the waterfront overlay, fly in the face of the Bouldin Creek neighborhood plan and mar the &amp;ldquo;view&amp;rdquo; of the area.
&amp;nbsp;
&amp;ldquo;One of the troubling parts of the development is they&amp;rsquo;re encroaching upon the setback and the slope&amp;rdquo; requirements of the waterfront overlay, said Save Town Lake board member Jack Graham. &amp;ldquo;This affects the viewscape of Auditorium Shores, the Long Center, Butler Park, the trail, the lake. From a pedestrian aspect, it&amp;rsquo;s not an urban corner; it&amp;rsquo;s a pedestrian&#45;oriented environment. This viewscape encroachment is one of the most important reasons we are opposing the development.&amp;rdquo;
&amp;nbsp;
Both the Environmental Board and the Planning Commission endorsed the PUD, with the Waterfront Planning Advisory Board opposed.
&amp;nbsp;
Attorney Michael Whellan, who spoke on behalf of the owner/applicant, said opponents of the rezoning don&amp;rsquo;t object to the project but simply to the property becoming a PUD, which is a type of development that allows a developer to meet overall community density and land use goals without being bound by existing zoning requirements.
&amp;nbsp;
&amp;ldquo;I don&amp;rsquo;t think they (opponents) have much objection to the project itself, as a six&#45;story multi&#45;family project with underground parking, pedestrian&#45;oriented uses and environmental features,&amp;rdquo; Whellan said. &amp;ldquo;It is the PUD process that they object to. We disagree with them. We think using the PUD is a great way to be innovative with some of the requests that have been made by staff and by others.&amp;rdquo;
&amp;nbsp;
Whellan said that his client would be building a 2&#45;star green building, with reduced impervious cover, a public plaza and onsite affordable housing or payment of a fee&#45;in&#45;lieu.
&amp;nbsp;
Those concessions, however, didn&amp;rsquo;t satisfy Morrison and Tovo, both of whom said the project does not meet the &amp;ldquo;superior development&amp;rdquo; standards the city set for PUD applications and ignores the guidelines and regulations of the waterfront overlay.
&amp;nbsp;
&amp;ldquo;This is a project that is not going to be developed in accordance with our waterfront overlay,&amp;rdquo; Tovo said. &amp;ldquo;It flies in the face of the neighborhood plan. And I think those are both governing documents for how we develop our city.&amp;rdquo;
&amp;nbsp;
Morrison, meanwhile, argued that allowing the project to move forward as a PUD would mean a &amp;ldquo;breakdown in the regulations that we have set to protect out Lady Bird Lake views.&amp;rdquo;
&amp;nbsp;
But Council Member Chris Riley, who made the motion to approve the rezoning, disagreed with his colleagues, making the argument that, rather than defying the waterfront overlay, the project would move the area toward the original goals of the overlay.
&amp;nbsp;
&amp;ldquo;By and large, this area has just been stagnant,&amp;rdquo; Riley said. &amp;ldquo;We&amp;rsquo;ve seen nothing but surface parking lots and one&#45;story retail uses for decades now. The area does not reflect a local character; it is not oriented toward the waterfront. It is not activated with pedestrians. It&amp;rsquo;s not what had been envisioned at the time the waterfront overlay was studied and the documents were put in place. This is one step toward finally moving toward achieving the vision set out in those planning documents.&amp;rdquo;
&amp;nbsp;
In particular, Riley continued, because the property is located on the bus rapid&#45;transit line, the building will fit in with the city&amp;rsquo;s goal to increase transit&#45;oriented development.
&amp;nbsp;
Council voted 5&#45;2 in favor of the rezoning, with Council members Morrison and Tovo voting against. The final agreement included two amendments added by Riley. The first directs the owner to incorporate seating associated with pedestrian&#45;oriented uses, such as a coffee shop, in the onsite public plaza. The second calls for the city to place a bike kiosk on the property for use in the city&amp;rsquo;s future bike&#45;sharing program.
&amp;nbsp;</description>-->
      <dc:subject>News, Civil Litigation</dc:subject>
      <dc:date>2012-10-23T21:00:38+00:00</dc:date>
    </item>

    <item>
      <title>GDHM Welcomes Brian T. Cumings</title>
<link>http://www.gdhm.com/index.php/site/news/gdhm_welcomes_brian_t._cumings/</link>
      <guid>http://www.gdhm.com/index.php/site/gdhm_welcomes_brian_t._cumings/#When:13:51:25Z</guid>
      <!--<description>Graves Dougherty is pleased to welcome Brian Cumings to the Bankruptcy and Creditors&#39; Remedies practice. Brian&amp;nbsp;received his JD from the University of Texas in May 2012.&amp;nbsp; He attended Calvin College and received a BA in Secondary Education and History with a minor in Spanish.&amp;nbsp; Brian clerked with Judge Gargotta and interned with Judge Mott, both at the U. S. Bankruptcy Court, Western District of Texas.&amp;nbsp; He also worked as a research intern with the Chapter 13 Trustee, Deborah B. Langehennig.</description>-->
      <dc:subject>News, Bankruptcy and Creditors&#39; Remedies</dc:subject>
      <dc:date>2012-09-28T13:51:25+00:00</dc:date>
    </item>

    <item>
      <title>Graves Dougherty welcomes Russell Booth to the Estate Planning, Tax &amp;amp; Probate practice</title>
<link>http://www.gdhm.com/index.php/site/news/graves_dougherty_welcomes_russell_booth_to_the_estate_planning_tax_pro/</link>
      <guid>http://www.gdhm.com/index.php/site/graves_dougherty_welcomes_russell_booth_to_the_estate_planning_tax_pro/#When:14:03:06Z</guid>
      <!--<description>Graves Dougherty is pleased to welcome Russell E. Booth to the firm&amp;rsquo;s Estate Planning, Tax &amp;amp; Probate practice.
Russell&#39;s practice focuses on a broad range of client needs including taxation, estate planning, business formation, and probate and estate administration, with a particular emphasis on complex federal tax issues and the preservation of wealth through efficient transfer techniques. By utilizing a variety of methods, including wills, trusts, and business organizations, he works to provide comprehensive planning for individuals and closely held business owners. He also assists clients with federal income tax planning, creation of tax&#45;exempt entities, and taxation of estates and trusts.</description>-->
      <dc:subject>News, Estate Planning, Tax &amp; Probate, Tax Exempt/Non&#45;Profit Organizations</dc:subject>
      <dc:date>2012-09-07T14:03:06+00:00</dc:date>
    </item>

    <item>
      <title>Robin Melvin on Sovereign and Governmental Immunity: When Do They Bar Suit Against State Agencies an</title>
<link>http://www.gdhm.com/index.php/site/news/robin_melvin_on_sovereign_and_governmental_immunity_when_do_they_bar_suit_a/</link>
      <guid>http://www.gdhm.com/index.php/site/robin_melvin_on_sovereign_and_governmental_immunity_when_do_they_bar_suit_a/#When:18:12:22Z</guid>
      <!--<description>The Summer 2012 issue of the Texas Tech Administrative Law Journal&amp;nbsp;includes an&amp;nbsp;article by Robin Melvin,&amp;nbsp;&amp;ldquo;Sovereign and Governmental Immunity:&amp;nbsp;When Do They Bar Suit Against State Agencies and Local Governments?&amp;rdquo;</description>-->
      <dc:subject>News, Administrative &amp; Regulatory Litigation</dc:subject>
      <dc:date>2012-08-31T18:12:22+00:00</dc:date>
    </item>

    <item>
      <title>True or False? Test Your Exempt or Non&#45;Exempt IQ.</title>
<link>http://www.gdhm.com/index.php/site/news/true_or_false_test_your_exempt_or_non-exempt_iq/</link>
      <guid>http://www.gdhm.com/index.php/site/true_or_false_test_your_exempt_or_non-exempt_iq/#When:21:13:56Z</guid>
      <!--<description>True or False? Test Your Exempt or Non&#45;Exempt IQ.
&amp;nbsp;
One of the most confusing areas in the Fair Labor Standards Act (&amp;ldquo;FLSA&amp;rdquo;) law is regarding the classification of employees as exempt or non&#45;exempt. Misclassifications are the most common FLSA mistakes made by employers.&amp;nbsp; Answer these True or False statements to&amp;nbsp;test your FLSA classification knowledge.&amp;nbsp; How well will you do?&amp;nbsp;
&amp;nbsp;
Before you begin, here is a basic review:




Non&#45;exempt employees:

Are paid for all hours worked
Must be paid for overtime
Must take rest and meal breaks



Exempt employees:

Are paid the same regardless of the number of hours they work
Are not eligible for overtime
Are not required to take rest and meal breaks





&amp;nbsp;
TRUE OR FALSE:&amp;nbsp;All salaried employees are exempt.
FALSE &#45;&amp;nbsp;Some employers make the mistake of assuming simply because an employee is paid a salary, is called &amp;ldquo;salaried&amp;rdquo; or exempt, or has a professional title, the employee will be exempt from overtime pay.&amp;nbsp;This is false! &amp;nbsp;Many non&#45;exempt employees are paid salaries such as secretaries, receptionists, and assistants.&amp;nbsp; Similarly, giving the employee an important&#45;sounding title such as &amp;ldquo;Vice President of Sales&amp;rdquo; or &amp;ldquo;Administrative Assistant&amp;rdquo; will make no difference if the employee&amp;rsquo;s duties do not satisfy the Department Of Labor&amp;rsquo;s (&amp;ldquo;DOL&amp;rdquo;) criteria found in its duties test for an exemption category.&amp;nbsp; In short, the DOL and court care about actual job duties, not&amp;nbsp; how a person is paid or what they are called.&amp;nbsp; Therefore, employers need to review actual job duties to determine whether employees should be classified as exempt or non&#45;exempt.
&amp;nbsp;
TRUE OR FALSE:&amp;nbsp;My employee likes the status of having an exempt position and agrees the salary she is paid covers all the time she works, thus she is exempt.
FALSE &#45; By law, an employee cannot waive their right to be non&#45;exempt if their job duties don&amp;rsquo;t meet the requirements for an exempt status.&amp;nbsp; Regardless of the amount of salary, and regardless if the employee agreed that the salary covers both overtime and non&#45;overtime hours, if the employee&amp;rsquo;s job duties don&amp;rsquo;t meet requirements for exempt status, the DOL and the court will rule that the employer must pay overtime.&amp;nbsp; Therefore, it is not a defense to claim the employee wanted to be exempt.&amp;nbsp; Employers need to guard against misclassification by careful use of exemptions.
&amp;nbsp;
TRUE OR FALSE:&amp;nbsp;They&amp;rsquo;re contractors, so they don&amp;rsquo;t get overtime.
TRUE &#45; It is true that independent contractors aren&amp;rsquo;t entitled to overtime, since contractors are not employees and therefore not covered by the FLSA.&amp;nbsp; However, it takes a lot more than a contract and calling someone a contractor to be legally classified as an independent contractor!&amp;nbsp; What matters is the underlying nature of the work relationship and whether that relationship falls under the DOL&amp;rsquo;s definition of independent contractor.&amp;nbsp; There is no way to contract around paying overtime if workers are truly non&#45;exempt employees and work more than 40 hours a week.&amp;nbsp; Employers must be familiar with the various DOL tests to determine whether a worker is an employee or an independent contractor.
&amp;nbsp;
TRUE OR FALSE:&amp;nbsp;The job requires the employee to be a &amp;ldquo;rule maker,&amp;rdquo; thus she is exempt.
TRUE &#45; A general rule of thumb is that if the employee spends most of their time exercising discretion and independent judgment and makes rules and policies regarding matters of major significance, they are likely exempt.&amp;nbsp; On the other hand, if the employee usually follows procedures and policies instead of having the authority to create new ones, the job is likely non&#45;exempt.
&amp;nbsp;
TRUE OR FALSE:&amp;nbsp;My employee is non&#45;exempt, but he doesn&amp;rsquo;t mind working off the clock and answering the telephone while he eats lunch at his desk, so I don&amp;rsquo;t have to pay him for time he chooses not to record.
FALSE &#45; Again, there is no such thing as &amp;ldquo;waiving&amp;rdquo; rights to overtime, including volunteering to work &amp;ldquo;off the clock.&amp;rdquo;&amp;nbsp; Nonexempt employees must be paid for all the time they work, including if you interrupt them during their lunch period (even if they are at their desk).&amp;nbsp; If an employee eats lunch at their desk and answers the phone, then the entire meal period may be compensable working time.&amp;nbsp; CAUTION:&amp;nbsp; Often employees do not complain about this time until they are fired or become disgruntled, and by then it is too late for the employer to stop the work from being done!&amp;nbsp; Employers must ensure that all non&#45;exempt employees properly record all time worked and that they are paid for all such time.
&amp;nbsp;
TRUE OR FALSE:&amp;nbsp;The company doesn&amp;rsquo;t have to keep track of hours worked for exempt employees.
TRUE &#45; The FLSA only requires employers to maintain detailed records of hours worked by each non&#45;exempt employee, but if your employee is misclassified and you provide no time records to show how many hours the employee actually worked, the DOL and the courts will accept the employee&amp;rsquo;s records as valid unless there is a good reason to doubt the credibility of those records.&amp;nbsp; Therefore, it is a good practice to keep track of hours worked for all employees, including those that are classified as exempt.
&amp;nbsp;
Please contact the head of GDHM&amp;rsquo;s Employment Law group, Susan Burton,&amp;nbsp;at sburton@gdhm.com&amp;nbsp;or 512.480.5738 for more information about the FLSA laws regarding classification of employees, or any other employment law related questions.
&amp;nbsp;
Notice: We are providing this client alert as a commentary on current legal issues, and it should not be considered legal advice, which depends on the facts of each situation.&amp;nbsp; Receipt of this client alert does not establish an attorney&#45;client relationship.&amp;nbsp; The listed attorneys and / or other attorneys may provide services in connection with a particular matter.</description>-->
      <dc:subject>Client Alerts</dc:subject>
      <dc:date>2012-08-29T21:13:56+00:00</dc:date>
    </item>

    <item>
      <title>David Smith and Tom Mason present at Texas Lyceum 2012 Water Conference</title>
<link>http://www.gdhm.com/index.php/site/news/david_smith_and_tom_mason_present_at_texas_lyceum_2012_water_conference/</link>
      <guid>http://www.gdhm.com/index.php/site/david_smith_and_tom_mason_present_at_texas_lyceum_2012_water_conference/#When:19:57:58Z</guid>
      <!--<description>David Smith and Tom Mason are presenting at the Texas Lyceum&#39;s 2012 Water Conference, Liquid Gold: The Texas Water Crisis. David will be moderating a panel called&amp;nbsp;&quot;Hydrology 101: The Science and the Law Behind Fresh Water,&quot; and Tom is on a panel discussing &quot;Consumption Competition: Municipal vs. Industrial vs. Agriculture.&quot;
&amp;nbsp;
Other speakers include Andy Sansom, T. Boone Pickens and Evan Smith; and a special performance of Buffalo Altar: A Texas Symphony.</description>-->
      <dc:subject>News, Environment and Natural Resources: Oil, Gas, Land &amp; Water, Water Law</dc:subject>
      <dc:date>2012-08-09T19:57:58+00:00</dc:date>
    </item>

    <item>
      <title>Employment Law Alert: What&#8217;s age got to do with it?</title>
<link>http://www.gdhm.com/index.php/site/news/texas_supreme_court_narrows_the_scope_of_age_discrimination_cases/</link>
      <guid>http://www.gdhm.com/index.php/site/texas_supreme_court_narrows_the_scope_of_age_discrimination_cases/#When:14:13:58Z</guid>
      <!--<description>The Texas Supreme Court, in Mission Consolidated Independent School District. v. Gloria Garcia, recently issued an important decision for Texas employers.&amp;nbsp; The Court held that an employee who was fired and replaced by an older employee could not proceed with her lawsuit based on age discrimination.&amp;nbsp; While this outcome may seem obvious, prior to this case, lower courts allowed such lawsuits.
&amp;nbsp;
Despite being replaced by an older employee, Ms. Garcia sued Mission School District alleging that her termination was because of her age.&amp;nbsp; The legal standards appeared to allow her to bring her suit, but the Texas Supreme Court clarified that, unless she had &amp;ldquo;direct evidence&amp;rdquo; that she was fired because of her age, the fact that she was replaced by an older employee precluded her claim.
&amp;nbsp;
The Supreme Court&amp;rsquo;s 6&#45;3 decision in Mission means that, for the most part, successful suits concerning age discrimination will involve a plaintiff who has been replaced by a younger employee.&amp;nbsp;
&amp;nbsp;
Although the Supreme Court did not address any type of discrimination claim other than age, the Mission case may also have broader ramifications in the employment law context.&amp;nbsp; For example, employers who are sued for gender or race&#45;based discrimination, and who replace the terminated employee with an employee of the same gender or race, could potentially assert a defense based on Mission.
&amp;nbsp;
For more information regarding this Texas Supreme Court decision, discrimination claims, or any other employment law related questions, please contact the head of GDHM&amp;rsquo;s Employment Law group, Susan Burton, at sburton@gdhm.com, or 512.480.5738.
&amp;nbsp;
Notice: We are providing this client alert as a commentary on current legal issues, and it should not be considered legal advice, which depends on the facts of each situation.&amp;nbsp; Receipt of this client alert does not establish an attorney&#45;client relationship.&amp;nbsp; The listed attorneys and / or other attorneys may provide services in connection with a particular matter.</description>-->
      <dc:subject>Client Alerts</dc:subject>
      <dc:date>2012-08-01T14:13:58+00:00</dc:date>
    </item>

    <item>
      <title>Michelle Alcala selected for Las Comadres Leadership Program</title>
<link>http://www.gdhm.com/index.php/site/news/michelle_alcala_selected_for_las_comadres_leadership_program/</link>
      <guid>http://www.gdhm.com/index.php/site/michelle_alcala_selected_for_las_comadres_leadership_program/#When:17:03:22Z</guid>
      <!--<description>Congratualtions to&amp;nbsp;Shareholder, Michelle Alcala,&amp;nbsp;on being&amp;nbsp;selected&amp;nbsp;for the&amp;nbsp;Las Comadres Legacy Programs Institute,&amp;nbsp;Texas Public Policy and Civic Engagement Training Program class of 2012.&amp;nbsp;This is a statewide program for a limited number of people who are committed to servant leadership and civic engagement.</description>-->
      <dc:subject>News</dc:subject>
      <dc:date>2012-07-27T17:03:22+00:00</dc:date>
    </item>

    <item>
      <title>Bill Locke awarded &#8220;Best CLE Paper&#8221; at State Bar of Texas Annual Advanced Real Estate Course</title>
<link>http://www.gdhm.com/index.php/site/news/bill_locke_awarded_best_cle_paper_at_state_bar_of_texas_annual_advanced_rea/</link>
      <guid>http://www.gdhm.com/index.php/site/bill_locke_awarded_best_cle_paper_at_state_bar_of_texas_annual_advanced_rea/#When:15:43:53Z</guid>
      <!--<description>Bill Locke received The Jerry Charles Saegert Award for &quot;Best CLE Paper&quot; for his paper: Annotated Insurance Specifications.
&amp;nbsp;
The planning committee of The State Bar of Texas Annual Advanced Real Estate Course gives awards each year for outstanding speakers and papers presented during the prior year&amp;rsquo;s course.
&amp;nbsp;
The Jerry Charles Saegert Award for &quot;Best CLE Paper&quot; is given for the best article presented at the previous year&#39;s course as determined by the planning committee for the current year&#39;s course.&amp;nbsp;
&amp;nbsp;
&amp;nbsp;
&amp;nbsp;
&amp;nbsp;</description>-->
      <dc:subject>News, Real Estate</dc:subject>
      <dc:date>2012-07-12T15:43:53+00:00</dc:date>
    </item>

    <item>
      <title>GDHM Welcomes the 2012 Summer Law Clerks</title>
<link>http://www.gdhm.com/index.php/site/news/gdhm_welcomes_the_2012_summer_law_clerks/</link>
      <guid>http://www.gdhm.com/index.php/site/gdhm_welcomes_the_2012_summer_law_clerks/#When:19:31:31Z</guid>
      <!--<description>We are pleased to have four law clerks join us this summer.
&amp;nbsp;
Michelle K. Arishita is a first year law student at The University of Texas School of Law and graduated from Texas A&amp;amp;M University with a B.S., cum laude, in Psychology.&amp;nbsp;Michelle studied abroad in Germany, Fiji and Australia, where she experienced scuba diving in the Great Barrier Reef.&amp;nbsp; She spent approximately two years working for Kaplan as an SAT, ACT and PSAT teacher and tutor.&amp;nbsp;She enjoys running, kayaking, Mexican food, and baking.&amp;nbsp;Michelle&amp;rsquo;s areas of interest are Administrative &amp;amp; Regulatory Litigation, Labor &amp;amp; Employment Law and Litigation.
&amp;nbsp;
Chelsea L. Belote is a first year law student at The University of Virginia School of Law and graduated from the University of Texas with a B.S., cum laude, in Communication Studies (Political Communication).&amp;nbsp;Chelsea served as a Legislative Intern for Representative Jerry Madden for over two years and worked as a Publicity Executive for Ignite.&amp;nbsp;She enjoys spending time with friends and family, swimming, reading, volunteering and many Austin locales and restaurants. Chelsea&amp;rsquo;s areas of interest are Administrative &amp;amp; Regulatory Litigation, Real Estate and Litigation.
&amp;nbsp;
Caitlin A. Bubar is a first year law student at The University of Texas School of Law and graduated from Texas A&amp;amp;M University with a B.B.A., summa cum laude, in Finance and was a member of Phi Kappa Phi.&amp;nbsp;She enjoys Italian and Japanese food, NFL Football, movies (especially 80s), reading mystery novels and biographies. Caitlin&amp;rsquo;s areas of interest are Business/Corporate/Banking, Real Estate and Wills/Estate/Tax.
&amp;nbsp;
Melaney C. Whiting&amp;nbsp;is a first year law student at&amp;nbsp;the Thurgood Marshall School of Law and graduated from Texas Southern University with Masters of Public Administration.&amp;nbsp;She also received a B.A. in Mass Communications from Tennessee State University.&amp;nbsp;She enjoys movies, literature, art, music, cuisine, and history. Melaney&amp;rsquo;s areas of interest are Labor &amp;amp; Employment Law, Real Estate and Wills/Estate/Tax.</description>-->
      <dc:subject>News</dc:subject>
      <dc:date>2012-07-02T19:31:31+00:00</dc:date>
    </item>

    <item>
      <title>GDHM hosting Judge Suzanne Covington Pro Bono Service Award Reception</title>
<link>http://www.gdhm.com/index.php/site/news/gdhm_hosting_judge_suzanne_covington_pro_bono_service_award_reception/</link>
      <guid>http://www.gdhm.com/index.php/site/gdhm_hosting_judge_suzanne_covington_pro_bono_service_award_reception/#When:15:01:29Z</guid>
      <!--<description>Graves Dougherty is honored to host this year&#39;s Judge Suzanne Covington Pro Bono Service Award Reception.
&amp;nbsp;
Each year, Volunteer Legal&amp;nbsp;Services of Central Texas along with the&amp;nbsp;Travis County Judiciary, recognize&amp;nbsp;the firms and attorneys who exhibit an outstanding commitment to providing pro bono legal services in Travis County.</description>-->
      <dc:subject>News</dc:subject>
      <dc:date>2012-06-26T15:01:29+00:00</dc:date>
    </item>

    <item>
      <title>Texas Supreme Court Decision in Texas Mutual Insurance v. Ruttiger Strengthens Workers&#8217; Comp Law</title>
<link>http://www.gdhm.com/index.php/site/news/texas_supreme_court_decision_in_texas_mutual_insurance_v._ruttiger_str/</link>
      <guid>http://www.gdhm.com/index.php/site/texas_supreme_court_decision_in_texas_mutual_insurance_v._ruttiger_str/#When:19:31:04Z</guid>
      <!--<description>The Supreme Court of Texas issued a landmark decision today in favor of the firm&amp;rsquo;s client Texas Mutual Insurance Company affecting millions of Texans.&amp;nbsp;&amp;nbsp;
&amp;nbsp;
FOR IMMEDIATE RELEASE: June 22, 2012
AUSTIN, Texas&amp;mdash;The Supreme Court of Texas issued a landmark decision today in Texas Mutual Insurance Company v. Timothy J. Ruttiger that strengthens a law affecting millions of Texans&amp;mdash;the Workers&amp;rsquo; Compensation Act&amp;mdash;and found that a bad faith cause of action is inconsistent with the current workers&amp;rsquo; compensation system.
&amp;nbsp;
In a 5&#45;4 decision, the Court overruled its 1988 Aranda decision that had created the bad faith claims&#45;handling tort in workers&amp;rsquo; compensation.
&amp;nbsp;
&amp;ldquo;The Supreme Court has acted with courage and integrity by upholding the remedies and protections that the Legislature has granted to injured workers,&amp;rdquo; Mary Barrow Nichols, General Counsel and Senior Vice President for Texas Mutual, said.&amp;nbsp; &amp;ldquo;This decision is fundamental to the health of the entire workers&amp;rsquo; comp system.&amp;rdquo;
&amp;nbsp;
When the Ruttiger case first came to the courts in 2004, lawsuits claiming &amp;ldquo;bad faith&amp;rdquo; against all insurance carriers, Texas Mutual included, were on the rise. Texas Mutual disputed Mr. Ruttiger&amp;rsquo;s claim for an on&#45;the&#45;job injury because his employer reported that he was hurt at a non work&#45;related softball game. Texas Mutual ultimately entered into a compromise agreement with Mr. Ruttiger over the claim.
&amp;nbsp;
In 2006, a trial court found that the company&amp;rsquo;s adjuster had acted in &amp;ldquo;bad faith&amp;rdquo; by believing the employer instead of Mr. Ruttiger. The court awarded money to Mr. Ruttiger in excess of the amounts Texas Mutual had already paid him to cover his medical costs and replace his wages. He was awarded additional money for his &amp;ldquo;mental anguish over having his claim disputed.&amp;rdquo;
&amp;nbsp;
The First Court of Appeals in Houston upheld the original decision in 2008, and Texas Mutual appealed to the Supreme Court. In August 2011, the Supreme Court of Texas reversed the Houston Court of Appeals decision and rendered judgment that Mr. Ruttiger take nothing on his Insurance Code and Texas Deceptive Trade Practices Act claims. The Court also remanded the plaintiff&amp;rsquo;s common law good faith and fair dealing claims to the Houston Court of Appeals for further consideration.
&amp;nbsp;
Both sides requested a rehearing, suggesting that the Court reconsider fully the question of whether the 1989 overhaul of the Texas workers&amp;rsquo; compensation system &amp;ldquo;eliminated the need for&amp;rdquo; a common law cause of action for breach of the duty of good faith and fair dealing. The requests were granted by the Court on Feb. 17, 2012.
&amp;nbsp;
In his concurring opinion, Justice Don R. Willett explained as follows:&amp;nbsp;&quot;[T]he continued existence of bad&#45;faith claims will subvert the Legislature&#39;s meticulous soup&#45;to&#45;nuts system, one augmented by an immense regulatory and adjudicatory framework that, taken together, now regulates virtually every aspect of how a carrier handles a workers&#39; comp matter. . . [T]he inherently fuzzy nature of the bad&#45;faith tort has a tendency to produce conflicting liability standards inconsistent with the Legislature&#39;s statutory approach to carrier malfeasance and accountability.&amp;rdquo;&amp;nbsp;
&amp;nbsp;
Justice Willett&amp;rsquo;s opinion continues: &amp;ldquo;I think it unwise to invite these potential complications, particularly in an area so imbued with public policy trade&#45;offs, and where the Legislature has specifically addressed our concerns over how comp claims are processed.&amp;nbsp;Aranda was rooted in specific claims&#45;handling inequities in the pre&#45;1989 comp system, inequities the Legislature has re&#45;balanced. Accordingly, in light of the Legislature&#39;s hermetic workers&#39; compensation regime, the time has come for the Court&amp;mdash;exercising its authority to define and delimit common&#45;law remedies&amp;mdash;to overrule Aranda, a judicial gap&#45;filler whose underlying rationale no longer exists.&quot;
&amp;nbsp;
To see the full text of the decision, please visit www.supreme.courts.state.tx.us/historical/062212.asp.&amp;nbsp;&amp;nbsp;
&amp;nbsp;
Texas Mutual Insurance Company&amp;nbsp;
Austin&#45;based Texas Mutual Insurance Company is the state&amp;rsquo;s leading provider of workers&amp;rsquo; compensation insurance, with approximately 33 percent of the market. Since 1991, the company has provided a stable, competitively priced source of workers&amp;rsquo; comp insurance for Texas employers. Helping employers prevent workplace accidents is a major part of Texas Mutual&amp;rsquo;s mission. For more information, visit www.texasmutual.com.&amp;nbsp;</description>-->
      <dc:subject>News, Administrative &amp; Regulatory Litigation, Appellate Law</dc:subject>
      <dc:date>2012-06-22T19:31:04+00:00</dc:date>
    </item>

    <item>
      <title>Mutual Mobile and SAM, Inc. honored by ACG</title>
<link>http://www.gdhm.com/index.php/site/news/mutual_mobile_and_sam_inc._honored_by_acg/</link>
      <guid>http://www.gdhm.com/index.php/site/mutual_mobile_and_sam_inc._honored_by_acg/#When:20:08:22Z</guid>
      <!--<description>Congratulations to Mutual Mobile and SAM, Inc. on their wins in the Association for Corporate Growth, 2012 Outstanding Growth Awards! We are proud to work with such great local companies.&amp;nbsp;</description>-->
      <dc:subject>News</dc:subject>
      <dc:date>2012-06-15T20:08:22+00:00</dc:date>
    </item>

    <item>
      <title>Summer Interns:&amp;nbsp; Free Labor Could Cost Your Company</title>
<link>http://www.gdhm.com/index.php/site/news/summer_interns_free_labor_could_cost_your_company/</link>
      <guid>http://www.gdhm.com/index.php/site/summer_interns_free_labor_could_cost_your_company/#When:20:30:32Z</guid>
      <!--<description>Summer Interns:&amp;nbsp; Free Labor Could Cost Your Company
&amp;nbsp;
As we head into the Summer, many companies will be approached to enlist unpaid interns.&amp;nbsp; Given the economic climate, many students and recent grads are eager for real&#45;world experience and are willing to work without pay.
&amp;nbsp;
Beware: In many instances, interns are considered employees and the consequences of misclassifying interns can be costly.&amp;nbsp; Intern programs are a potential liability for any employer.&amp;nbsp;Therefore, before hiring an intern, employers should take time to know the rules.&amp;nbsp;Read on.
&amp;nbsp;
The FLSA: The Fair Labor Standards Act (FLSA) defines &amp;ldquo;employ&amp;rdquo; very broadly as including to &amp;ldquo;suffer or permit to work.&amp;rdquo;&amp;nbsp; Covered non&#45;exempt individuals who are &amp;ldquo;suffered or permitted&amp;rdquo; to work must be compensated under the law for services.&amp;nbsp; Under the FLSA, it is impermissible for an individual to volunteer his or her time to a &amp;ldquo;for&#45;profit&amp;rdquo; employer.&amp;nbsp; Internships in the &amp;ldquo;for&#45;profit&amp;rdquo; sector will most often be viewed as employment,&amp;nbsp; unless the worker falls under one of few narrowly tailored exemptions.&amp;nbsp; Depending on the circumstances, an intern may fall under the &amp;ldquo;trainee&amp;rdquo; exemption.&amp;nbsp; If not, the intern must be paid.
&amp;nbsp;

The Test: According to the Department of&amp;nbsp; Labor (DOL), trainees are not considered employees (and thus do not need to be paid) only if all of the following criteria are met:

The internship is similar to training which would be given in an&amp;nbsp;educational environment; 
The internship experience is for the benefit of the intern; 
The intern does not displace regular employees, but works under the close supervision of existing staff;
The employer that provides training derives no immediate advantage from the activities of the trainees; and on occasion its operations may actually be impeded;
The intern is not necessarily entitled to a job at the conclusion of the internship; and 
The employer and the intern understand that the intern is not entitled to wages at the time of the internship.

&amp;nbsp;
The DOL has noted that &amp;ldquo;in the typical internship or externship program where the work is an extension of the student&amp;rsquo;s academic program, these factors are met and an employer&#45;employee relationship does not exist.&amp;rdquo;&amp;nbsp;&amp;nbsp;
&amp;nbsp;
The courts and administrative agencies balance the costs to the employer against the gains to the employer.&amp;nbsp; If the costs of the trainee actually costs the company money or hinders its operations, the balance will lean towards trainee status.&amp;nbsp; In general, the more the internship provides the individual with skills that can be used in multiple employment settings, as opposed to skills particular to one employer&amp;rsquo;s operation, the more likely the intern will be viewed as receiving training.&amp;nbsp;&amp;nbsp; On the other hand, if the interns are engaged in operations of the employer or are performing productive work (for example, filing, assisting customers, and other clerical work), then the fact that they are receiving some benefit in the form of new skills and experience will not exclude them from the FLSA&amp;rsquo;s minimum wage and overtime requirements.&amp;nbsp; In other words, they must be paid!
&amp;nbsp;
Consequences: The consequences for failing to properly pay interns can include:

Liability for unpaid wages for all hours worked (including overtime);
Liability for unpaid employment taxes; and
Attorneys&amp;rsquo; fees

&amp;nbsp;
Accordingly, employers should not take hiring an intern lightly.&amp;nbsp; Instead, they should do it with some thought and know the rules.
&amp;nbsp;
For more information about your classification of interns, or any other employment law needs, please contact&amp;nbsp;the&amp;nbsp;head of GDHM&amp;rsquo;s Employment Law group,&amp;nbsp;Susan Burton,&amp;nbsp;at sburton@gdhm.com&amp;nbsp;or 512.480.5738.</description>-->
      <dc:subject>Client Alerts, Publications, Employment Law</dc:subject>
      <dc:date>2012-06-11T20:30:32+00:00</dc:date>
    </item>

    <item>
      <title>Jim Hoeffner elected Vice President to the Western District of Texas Bankruptcy Bar</title>
<link>http://www.gdhm.com/index.php/site/news/jim_hoeffner_elected_vice_president_to_the_western_district_of_texas_b/</link>
      <guid>http://www.gdhm.com/index.php/site/jim_hoeffner_elected_vice_president_to_the_western_district_of_texas_b/#When:15:09:25Z</guid>
      <!--<description>At last week&#39;s&amp;nbsp;Bankruptcy Bench Bar Conference, Jim Hoeffner was elected as Vice President&amp;nbsp;of the Western District of Texas Bankruptcy Bar.</description>-->
      <dc:subject>News, Bankruptcy and Creditors&#39; Remedies</dc:subject>
      <dc:date>2012-06-11T15:09:25+00:00</dc:date>
    </item>

    <item>
      <title>GDHM Welcomes Kerry Ugarte</title>
<link>http://www.gdhm.com/index.php/site/news/gdhm_welcomes_kerry_ugarte/</link>
      <guid>http://www.gdhm.com/index.php/site/gdhm_welcomes_kerry_ugarte/#When:15:31:38Z</guid>
      <!--<description>Kerry Ugarte joins the firm&#39;s trusts and estate planning section.
&amp;nbsp;
Kerry focuses her practice on trusts and estate planning and estate administration. She especially enjoys the personal interaction with multiple generations of family members that estate law affords.
&amp;nbsp;
She works with families in drafting life insurance trusts, special needs trusts, revocable trusts, tax&#45;planned wills and simple wills. Estate planning draws from her background in estate tax planning, particularly in crafting family partnership agreements and limited liability company operating agreements as well as gifting programs.</description>-->
      <dc:subject>News, Estate Planning, Tax &amp; Probate</dc:subject>
      <dc:date>2012-06-01T15:31:38+00:00</dc:date>
    </item>

    <item>
      <title>Judgment for Texas Disposal upheld on appeal</title>
<link>http://www.gdhm.com/index.php/site/news/judgment_for_texas_disposal_upheld_on_appeal/</link>
      <guid>http://www.gdhm.com/index.php/site/judgment_for_texas_disposal_upheld_on_appeal/#When:12:32:02Z</guid>
      <!--<description>The Austin Court of Appeals has affirmed a significant trial court judgment for Graves Dougherty client Texas Disposal Systems Landfill, Inc.
&amp;nbsp;
On May 18, the Court of Appeals issued its opinion upholding a judgment of $7.1 million in favor of Texas Disposal and against Waste Management of Texas, Inc. &amp;nbsp;The judgment was entered after a trial in October and November of 2010 in Travis County District Court.&amp;nbsp; The jury found, and the Court of Appeals affirmed, that Waste Management had made false statements about the environmental integrity of Texas Disposal&amp;rsquo;s landfill.&amp;nbsp; The verdict was recognized by Texas Lawyer as the state&amp;rsquo;s largest intentional torts verdict in 2010, and among the top 20 verdicts of all types statewide that year.
&amp;nbsp;
Graves Dougherty lawyers Mike McKetta and Jim Hemphill represented Texas Disposal at trial and on appeal.
&amp;nbsp;
&amp;nbsp;
&amp;nbsp;
&amp;nbsp;</description>-->
      <dc:subject>News, Appellate Law</dc:subject>
      <dc:date>2012-05-22T12:32:02+00:00</dc:date>
    </item>

    <item>
      <title>Top 10 Insurance Tips For Lenders: There&#8217;s no such thing as &#8220;too careful.&#8221;</title>
<link>http://www.gdhm.com/index.php/site/news/top_10_insurance_tips_for_lenders/</link>
      <guid>http://www.gdhm.com/index.php/site/top_10_insurance_tips_for_lenders/#When:15:54:54Z</guid>
      <!--<description>Top Ten Insurance Tips for Lenders: There&amp;rsquo;s no such thing as &amp;ldquo;too careful.&amp;rdquo;
by Bill Locke and Marilyn Maloney
The Practical Real Estate Lawyer, May 2012
&amp;nbsp;
Lenders have many concerns when they make, monitor, and, unfortunately, foreclose on secured loans. Although insurance issues may not be the first things a lender considers, these can be just as important as the creditworthiness of the borrower, the status of the collateral, and other credit factors. This article outlines 10 insurance topics that should be considered in the lifecycle of a mortgage loan. Each topic area will include a tip that attorneys representing lenders can use in practice.&amp;nbsp;</description>-->
      <dc:subject>News, Publications, Real Estate</dc:subject>
      <dc:date>2012-05-21T15:54:54+00:00</dc:date>
    </item>

    <item>
      <title>GDHM welcomes Nicholas Miller</title>
<link>http://www.gdhm.com/index.php/site/news/gdhm_welcomes_nicholas_miller/</link>
      <guid>http://www.gdhm.com/index.php/site/gdhm_welcomes_nicholas_miller/#When:14:37:44Z</guid>
      <!--<description>GDHM is pleased to welcome Nicholas Miller to the Real Estate section.
&amp;nbsp;
Nicholas has&amp;nbsp;a broad range of experience including Construction&amp;nbsp;Law, Oil &amp;amp; Gas, Enviromental Law, Business and General Litigation.</description>-->
      <dc:subject>News, Real Estate</dc:subject>
      <dc:date>2012-05-02T14:37:44+00:00</dc:date>
    </item>

    <item>
      <title>Discussions on Texas Supreme Court Decision on Groundwater Ownership</title>
<link>http://www.gdhm.com/index.php/site/news/discussions_on_texas_supreme_court_decision_on_groundwater_ownership/</link>
      <guid>http://www.gdhm.com/index.php/site/discussions_on_texas_supreme_court_decision_on_groundwater_ownership/#When:19:43:25Z</guid>
      <!--<description>In May, Graves Dougherty lawyers will participate in two different panel discussions of the legal and practical impact of the Texas Supreme Court&amp;rsquo;s recent decision on groundwater ownership in Texas. Please feel free to register and attend either discussion.
&amp;nbsp;
On May 1, at 2:00 p.m. CST, Robin Melvin will moderate a telephone briefing on Edwards Aquifer Authority v. Day hosted by Law Seminars International.&amp;nbsp; Joining Robin on the panel are Steve Kosub, Senior Water Resources Counsel for the San Antonio Water System, and Mary Sahs, a lawyer with Carls, McDonald &amp;amp; Dalrymple, LLP in Austin who represents a number of Texas groundwater conservation districts.
&amp;nbsp;
On May 17, at 7:00 p.m. CST, Tom Mason will participate in a panel discussion in San Antonio presented by the 2011&#45;2012 Texas Water Symposium Series.&amp;nbsp; Evan Smith of the Texas Tribune will moderate the discussion, and the other participants are Andy Sansom, Executive Director or the River System Institute at Texas State University, Greg Ellis, a Texas groundwater attorney, and Russ Johnson, counsel for the Texas Wildlife Association.&amp;nbsp; The panel discussion will be recorded and aired on Texas Public Radio one week later.
&amp;nbsp;
If you ever have questions concerning groundwater ownership, please contact Tom Mason or Robin Melvin of the firm&amp;rsquo;s Water Law practice group.
&amp;nbsp;
Tom Mason 512.480.5654, tmason@gdhm.comRobin Melvin 512.480.5688, rmelvin@gdhm.com</description>-->
      <dc:subject>News, Water Law</dc:subject>
      <dc:date>2012-04-27T19:43:25+00:00</dc:date>
    </item>

    <item>
      <title>Robin Melvin moderates panel on New Texas Supreme Court Ruling on Groundwater Resources</title>
<link>http://www.gdhm.com/index.php/site/news/robin_melvin_moderates_panel_on_new_texas_supreme_court_ruling_on_grou/</link>
      <guid>http://www.gdhm.com/index.php/site/robin_melvin_moderates_panel_on_new_texas_supreme_court_ruling_on_grou/#When:20:29:18Z</guid>
      <!--<description>New Texas Supreme Court Ruling on Groundwater Resources Practical Implications of the decision in Edwards Aquifer Authority v. Day
&amp;nbsp;
On May 1,&amp;nbsp;Robin Melvin will&amp;nbsp;moderate a panel discussion of the Texas Supreme Court&amp;rsquo;s opinion in Edwards Aquifer Authority v. Day.&amp;nbsp; This&amp;nbsp;will be&amp;nbsp;a telebriefing&amp;nbsp;hosted by Law Seminars International.&amp;nbsp;&amp;nbsp;Joining Robin on the panel&amp;nbsp;are Steve Kosub, Senior Water Resources Counsel for the San Antonio Water System, and Mary Sahs, of counsel to Carls, McDonald &amp;amp; Dalrymple, LLP.</description>-->
      <dc:subject>News</dc:subject>
      <dc:date>2012-04-23T20:29:18+00:00</dc:date>
    </item>

    <item>
      <title>GDHM Welcomes Andrea Schutz</title>
<link>http://www.gdhm.com/index.php/site/news/gdhm_welcomes_andrea_schutz/</link>
      <guid>http://www.gdhm.com/index.php/site/gdhm_welcomes_andrea_schutz/#When:15:29:21Z</guid>
      <!--<description>Graves Dougherty is pleased to welcome&amp;nbsp;Andrea Schutz&amp;nbsp;to the firm&#39;s Corporate practice.
&amp;nbsp;
Andrea spent the last three years in practice at the San Francisco firm of O&#39;Melveny &amp;amp; Myers LLP.&amp;nbsp;She has developed&amp;nbsp;her&amp;nbsp;practice in corporate and securities law, with a focus on mergers and acquisitions, debt and equity financings, public offerings, securities compliance, and general corporate governance matters.</description>-->
      <dc:subject>News, Corporate &amp; Securities</dc:subject>
      <dc:date>2012-04-23T15:29:21+00:00</dc:date>
    </item>

    <item>
      <title>Patrick Thompson helps client in state licensing dispute</title>
<link>http://www.gdhm.com/index.php/site/news/parick_thompson_helps_client_in_state_licensing_dispute/</link>
      <guid>http://www.gdhm.com/index.php/site/parick_thompson_helps_client_in_state_licensing_dispute/#When:18:43:02Z</guid>
      <!--<description>Judge says paperwork mix&#45;up is at the heart of state licensing dispute which resulted in a $10,000 fine.&amp;nbsp; Attorney Patrick Thompson helps client defend his mold abatement contractors license. Read the full story on Statesman.com.</description>-->
      <dc:subject>News</dc:subject>
      <dc:date>2012-04-20T18:43:02+00:00</dc:date>
    </item>

    <item>
      <title>Preliminary injunction motion for hearing set in Planned Parenthood case</title>
<link>http://www.gdhm.com/index.php/site/news/preliminary_injunction_motion_for_hearing_set_in_planned_parenthood_case/</link>
      <guid>http://www.gdhm.com/index.php/site/preliminary_injunction_motion_for_hearing_set_in_planned_parenthood_case/#When:21:21:29Z</guid>
      <!--<description>Graves Dougherty lawyers filed suit in federal district court on behalf of all Planned Parenthood entities that operate health centers that provide preventative health care and family planning services funded by the Texas Women&amp;rsquo;s Health Program.
Judge Yeakel set the plaintiffs&amp;rsquo; preliminary injunction motion for hearing for Thursday, April 19.</description>-->
      <dc:subject>News</dc:subject>
      <dc:date>2012-04-17T21:21:29+00:00</dc:date>
    </item>

    <item>
      <title>Mike McKetta to participate in panel discussion on Sundance Documentary &#8220;Hot Coffee&#8221;</title>
<link>http://www.gdhm.com/index.php/site/news/mike_mcketta_to_participate_in_panel_discussion_on_sundance_documentar/</link>
      <guid>http://www.gdhm.com/index.php/site/mike_mcketta_to_participate_in_panel_discussion_on_sundance_documentar/#When:21:13:29Z</guid>
      <!--<description>Mike McKetta to participate on panel discussion following a showing of the 2011 Sundance Documentary &amp;ldquo;Hot Coffee.&amp;rdquo;
&amp;nbsp;
Thursday, April 12, 2012
Reception will begin at 5:30 p.m. with appetizers and film begins at 6:00 p.m. with panel discussion to follow.
&amp;nbsp;
University of Texas School of Law
Francis Auditorium
727 E. Dean Keeton Street
Austin, TX&amp;nbsp; 78705
&amp;nbsp;
Seinfeld mocked it. Letterman ranked it in his top ten list. And more than fifteen years later, its infamy continues.&amp;nbsp; Everyone knows the McDonald&#39;s coffee case. It has been routinely cited as an example of how citizens have taken advantage of America&#39;s legal system, but is that a fair rendition of the facts?&amp;nbsp; Hot Coffee reveals what really happened to Stella Liebeck, the Albuquerque woman who spilled coffee on herself and sued McDonald&#39;s, while exploring how and why the case garnered so much media attention, who funded the effort, and to what end.&amp;nbsp; After seeing this film, you will decide who really profited from spilling hot coffee.
&amp;nbsp;
RSVP by April 10 at www.acslaw.org/HotCofee_AustinRSVP
&amp;nbsp;
Sponsored by Public Justice, American Constitution Society, William Wayne Justice Center for Public Interest Law, UT Law Student Chapter of American Constitution Society, UT Public Interest Law Association, and Texas Journal of Civil Liberties and Civil Rights.</description>-->
      <dc:subject>News</dc:subject>
      <dc:date>2012-04-05T21:13:29+00:00</dc:date>
    </item>

    <item>
      <title>Beware of Trademark Registration and Domain Name Scams</title>
<link>http://www.gdhm.com/index.php/site/news/beware_of_trademark_registration_and_domain_name_scams/</link>
      <guid>http://www.gdhm.com/index.php/site/beware_of_trademark_registration_and_domain_name_scams/#When:15:10:51Z</guid>
      <!--<description>Beware of Trademark Registration and Domain Name Scams
&amp;nbsp;
Information regarding your company&amp;rsquo;s trademark registration with the United States Patent &amp;amp; Trademark Oï¬ƒce (USPTO) or with government agencies in foreign countries can be easily accessed by the public. The information available through the USPTO database includes, among other things, the date of first use of the trademark, the date and number of the trademark registration, and your company&amp;rsquo;s name and address. Information regarding the attorneys who helped your company obtain the registration is also part of the public record.
&amp;nbsp;
This data is used by a variety of companies for legitimate purposes, but it is also mined by scammers that use the information to send misleading notices to trademark owners about highly questionable or non&#45;existent services. While many of these scams are easy to spot because the notices contain misspellings, poor grammar or obvious inaccuracies, the more sophisticated scams now use official&#45;looking notices that appear to be from a governmental agency, and try to instill a sense of urgency about a deadline that will be missed or about a foreign infringer attempting to hijack the trademark. The most common schemes fall into three general categories.
&amp;nbsp;
Trademark Maintenance Scams
&amp;nbsp;
One of the oldest scams involves a company offering to help a trademark owner in the renewal or maintenance of a trademark registration. Typically, the services are limited to providing and filing forms available from the USPTO or foreign governmental registry with a substantial mark&#45;up on the fee.&amp;nbsp; As part of the scheme, the scammer sends the trademark owner an official looking notice that the trademark is coming up for renewal.&amp;nbsp; The notices are often sent out before the renewal or maintenance fee can even be paid in an attempt to secure the payment before the trademark owner is notified by its own counsel about the deadlines. Even though these solicitations often include a disclaimer in small print that the solicitation is not being sent by the official registry, the scammer makes the form look official with the hope that trademark owner will overlook the disclaimer. A variation of this scam involves sending an official&#45;looking notice and invoice for filing a registered trademark with US Customs.&amp;nbsp;Click on the&amp;nbsp;example above of a notice received by one of our clients from the USTRO (rather than the USPTO).&amp;nbsp;
&amp;nbsp;
Registry Scams
&amp;nbsp;
A registry scam is where a company offers to publish a company&amp;rsquo;s trademark in an international registry that supposedly helps protect the trademark owner&amp;rsquo;s international rights in a trademark, even if the trademark has not been not been registered in foreign countries. A registration and publication of a trademark by a private company in a directory does nothing to protect trademark rights and is often a complete waste of money.&amp;nbsp;
&amp;nbsp;
Click on the&amp;nbsp;example of an official looking notice sent by a scammer that uses &amp;ldquo;WIPD&amp;rdquo; with a logo to play off the very similar acronym and logo of the World Intellectual Property Organization (WIPO).
&amp;nbsp;
&amp;nbsp;
&amp;nbsp;
&amp;nbsp;
International Domain Name Scam
&amp;nbsp;
This type of scam is a common form of &amp;ldquo;domain slamming&amp;rdquo; in which an official sounding &amp;ldquo;domain name registration service&amp;rdquo; notifies a trademark owner that the service has learned about an application filed by a foreign company to register a top level domain name (such as .cn, .hk, or .asia) for the trademark at issue.&amp;nbsp; The registry offers to help the trademark owner obtain the registration of the domain name at issue before the foreign company&amp;rsquo;s application has been approved.&amp;nbsp; While there is a risk that a foreign cybersquatter could hijack a company&amp;rsquo;s trademark in a foreign country by using the trademark as a domain name, responding to the scammer will not help you. Domains are registered at the time they are ordered. In other words, there is no application or audit period as the scammer would have you believe. The notice is merely a &amp;ldquo;scare tactic.&amp;rdquo;&amp;nbsp;
&amp;nbsp;
If&amp;nbsp;Graves Dougherty&amp;nbsp;assisted your company in obtaining trademark registrations, we will advise you if there are deadlines or other necessary actions that you should take to protect your registration. If you receive a notice or solicitation regarding your company&amp;rsquo;s trademarks from any company or firm you do not recognize, it probably is part of a scam.&amp;nbsp; If you ever have any questions, feel free to contact Steve Smit at ssmit@gdhm.com or 512.480.5653.
&amp;nbsp;
Notice: We are providing this client alert as a commentary on current legal issues, and it should not be considered legal advice, which depends on the facts of each situation. Receipt of this client alert does not establish an attorney&#45;client relationship. The listed attorneys and/or other attorneys may provide services in connection with a particular matter.
&amp;nbsp;</description>-->
      <dc:subject>Client Alerts</dc:subject>
      <dc:date>2012-03-29T15:10:51+00:00</dc:date>
    </item>

    <item>
      <title>Ed McHorse to be honored for his work with the homeless in Austin</title>
<link>http://www.gdhm.com/index.php/site/news/ed_mchorse_to_be_honored_for_his_work_with_the_homeless_in_austin/</link>
      <guid>http://www.gdhm.com/index.php/site/ed_mchorse_to_be_honored_for_his_work_with_the_homeless_in_austin/#When:22:22:26Z</guid>
      <!--<description>Ed McHorse is being honored by Front Steps with an award for his contribution to issues of homelessness, at Front Steps&amp;rsquo; annual fundraising breakfast on May 30. Ed has been the president and guiding light of ECHO, an umbrella organization formed to coordinate services to the homeless and those at risk of homelessness in Austin.&amp;nbsp;&amp;nbsp;
&amp;nbsp;
John McFarland serves as president of the board of&amp;nbsp;Front Steps, which&amp;nbsp;runs the Austin Resource Center for the Homeless (ARCH) under contract with the city, and also provides housing, social services and other support for the homeless in Austin.</description>-->
      <dc:subject>News</dc:subject>
      <dc:date>2012-03-27T22:22:26+00:00</dc:date>
    </item>

    <item>
      <title>Clarke Heidrick honored by University Medical Center Brackenridge</title>
<link>http://www.gdhm.com/index.php/site/news/clarke_heidrick_honored_by_university_medical_center_brackenridge/</link>
      <guid>http://www.gdhm.com/index.php/site/clarke_heidrick_honored_by_university_medical_center_brackenridge/#When:21:56:20Z</guid>
      <!--<description>Clarke Heidrick is being honored by UMCB as an &quot;outstanding community leader, whose concern for the health of everyone in this community led to the establishment of the Travis County hospital district, Central Health.&quot;
Clarke will be honored at the UMC Brackenridge lunch on April 10.
&amp;nbsp;</description>-->
      <dc:subject>News</dc:subject>
      <dc:date>2012-03-12T21:56:20+00:00</dc:date>
    </item>

    <item>
      <title>Pete Kennedy works with client on security issues spurred by unauthorized changes</title>
<link>http://www.gdhm.com/index.php/site/news/pete_kennedy_works_with_client_on_security_issues_spurred_by_unauthori/</link>
      <guid>http://www.gdhm.com/index.php/site/pete_kennedy_works_with_client_on_security_issues_spurred_by_unauthori/#When:16:34:46Z</guid>
      <!--<description>The&amp;nbsp;unauthorized transfer of a business phone number raises questions about security and disruptions in business.
Read full story in the Texas Lawyer and onlnie at Law.com.</description>-->
      <dc:subject>News</dc:subject>
      <dc:date>2012-02-27T16:34:46+00:00</dc:date>
    </item>

    <item>
      <title>Tom Mason comments on Supreme Court&#8217;s Groundwater decision</title>
<link>http://www.gdhm.com/index.php/site/news/tom_mason_comments_on_groundwater_ruling/</link>
      <guid>http://www.gdhm.com/index.php/site/tom_mason_comments_on_groundwater_ruling/#When:20:07:35Z</guid>
      <!--<description>Today the Texas Supreme Court issued a long awaited opinion regarding ownership of groundwater and opened the door to constitutional takings claims based on groundwater district pumping restrictions.&amp;nbsp; In a unanimous decision (Edwards Aquifer Authority and State of Texas v. Burrell Day and Joel McDaniel), the Court ruled that landowners own the groundwater &amp;ldquo;in place&amp;rdquo; beneath their property and that the Edwards Aquifer Authority&amp;rsquo;s pumping restrictions based on historical use can constitute a takings claim against the state.
&amp;nbsp;
Read more about this important decision online at the Statesman.com and Texas Tribune.org.
&amp;nbsp;
&amp;nbsp;Tom Mason has over 30 years of experience in the area of water law.</description>-->
      <dc:subject>News</dc:subject>
      <dc:date>2012-02-24T20:07:35+00:00</dc:date>
    </item>

    <item>
      <title>Chris Elliott moderates panel on Ethical Implications of Developments in Human Memory</title>
<link>http://www.gdhm.com/index.php/site/news/chris_elliott_moderates_panel_on_ethical_implications_of_developments_/</link>
      <guid>http://www.gdhm.com/index.php/site/chris_elliott_moderates_panel_on_ethical_implications_of_developments_/#When:15:42:45Z</guid>
      <!--<description>Chris Elliott will moderate a panel&amp;nbsp;which addresses &amp;ldquo;Ethical Implications of Developments in Human Memory&amp;rdquo; at his alma mater, Austin College, on March 2. Each year, Austin College hosts&amp;nbsp;the Kenneth W. Street Law Symposium designed for law professionals and interested students.
&amp;nbsp;
This annual symposium honors Austin College Professor Emeritus Kenneth Street. A professor of political science at Austin College from 1959 to 1997, Street held the John D. Moseley Chair of Government and Public Policy, and founded and directed the Social Science Laboratory, which allowed students to experience field research, observe political and social behavior, and text hypothesis about needs in the community.</description>-->
      <dc:subject>News</dc:subject>
      <dc:date>2012-02-23T15:42:45+00:00</dc:date>
    </item>

    <item>
      <title>GDHM Partners with Austin Gives</title>
<link>http://www.gdhm.com/index.php/site/news/gdhm_partners_with_austin_gives/</link>
      <guid>http://www.gdhm.com/index.php/site/gdhm_partners_with_austin_gives/#When:13:44:13Z</guid>
      <!--<description>Graves Dougherty is proud to be a part of&amp;nbsp;Austin Gives,&amp;nbsp;a community program to recognize and encourage business philanthropy in metropolitan Austin.&amp;nbsp;The program tracks and recognizes business philanthropy for all central Texas businesses donating 1% or more of pre&#45;tax earnings.</description>-->
      <dc:subject>News</dc:subject>
      <dc:date>2012-02-15T13:44:13+00:00</dc:date>
    </item>

    <item>
      <title>Tribute to Mike McKetta, Austin Bar Association 2012 Distinguished Lawyer</title>
<link>http://www.gdhm.com/index.php/site/news/tribute_to_mike_mcketta_austin_bar_association_2012_distinguished_lawy/</link>
      <guid>http://www.gdhm.com/index.php/site/tribute_to_mike_mcketta_austin_bar_association_2012_distinguished_lawy/#When:15:28:15Z</guid>
      <!--<description>Watch the tribute video&amp;nbsp;created for Mike McKetta as he was honored by the Austin Bar Foundation as a recipient of the 2012 Distinguished Lawyer Award.</description>-->
      <dc:subject>News</dc:subject>
      <dc:date>2012-02-06T15:28:15+00:00</dc:date>
    </item>

    <item>
      <title>Clarke Heidrick answers questions about Central Texas healthcare and transportation issues</title>
<link>http://www.gdhm.com/index.php/site/news/clarke_heidrick_answers_questions_about_central_texas_healthcare_and_t/</link>
      <guid>http://www.gdhm.com/index.php/site/clarke_heidrick_answers_questions_about_central_texas_healthcare_and_t/#When:14:41:10Z</guid>
      <!--<description>Clarke Heidrick sat down with Community Impact Newspaper publisher, John Garrett, to answer a few questions about&amp;nbsp;Central Health and the rail system.</description>-->
      <dc:subject>News, Corporate &amp; Securities</dc:subject>
      <dc:date>2012-02-03T14:41:10+00:00</dc:date>
    </item>

    <item>
      <title>Mike McKetta honored as Distinguished Lawyer</title>
<link>http://www.gdhm.com/index.php/site/news/mike_mcketta_honored_as_distinguished_lawyer/</link>
      <guid>http://www.gdhm.com/index.php/site/mike_mcketta_honored_as_distinguished_lawyer/#When:15:42:34Z</guid>
      <!--<description>On Saturday, The Austin Bar Association&amp;nbsp;honored Mike McKetta as one of this year&amp;rsquo;s Distinguished Lawyers.&amp;nbsp;The Distinguished Lawyer Award is presented at the annual Austin Bar Foundation Gala and recognizes the dedication and hard work of an attorney who has practiced for 30 years or more and has significantly contributed to the profession and the community.</description>-->
      <dc:subject>News</dc:subject>
      <dc:date>2012-01-30T15:42:34+00:00</dc:date>
    </item>

    <item>
      <title>Texas Supreme Court Rules in Worker&#8217;s Comp Case Regarding Temporary Employees</title>
<link>http://www.gdhm.com/index.php/site/news/texas_supreme_court_rules_in_workers_comp_case_regarding_temporary_employee/</link>
      <guid>http://www.gdhm.com/index.php/site/texas_supreme_court_rules_in_workers_comp_case_regarding_temporary_employee/#When:21:51:34Z</guid>
      <!--<description>Today, in a unanimous opinion, the Texas Supreme Court held that worker&#39;s compensation insurance covers temporary employees furnished by temporary staffing agencies.&amp;nbsp;The Court reversed a substantial money judgment for the parents of a worker fatally injured in the course and scope of his employment, holding that the benefits available under the Texas workers&amp;rsquo; compensation system were the exclusive remedy for the worker&amp;rsquo;s injury.&amp;nbsp; GDHM lawyers Pete Schenkkan and Mary Keeney represented Port Elevator, the defendant/employer, with Ms. Keeney presenting oral argument.</description>-->
      <dc:subject>News, Appellate Law, Civil Litigation</dc:subject>
      <dc:date>2012-01-27T21:51:34+00:00</dc:date>
    </item>

    <item>
      <title>Chris Elliott comments on lingering issues surrounding Guantanamo Bay, Cuba prison</title>
<link>http://www.gdhm.com/index.php/site/news/chris_elliott_comments_on_lingering_issues_surrounding_guantanamo_bay_/</link>
      <guid>http://www.gdhm.com/index.php/site/chris_elliott_comments_on_lingering_issues_surrounding_guantanamo_bay_/#When:16:37:45Z</guid>
      <!--<description>Chris Elliott is the chairman of the Austin Lawyer Chapter of the American Constitution Society. His commentary on the 10th anniversary of the opening of Guantanamo was published by Texas Lawyer.
&amp;nbsp;
&quot;On the 10th anniversary of the opening of Guantanamo, Americans need a solution to the problem of foreign terrorist suspects that is based less on political maneuvering and more on fact and longstanding constitutional principles. The fog of war, at least as it pertains to Guantanamo, has cleared. If Americans clear the air of propaganda as well, they can see that repatriating and resettling the prisoners who pose no threat, while promptly charging and trying the prisoners suspected of committing crimes, will do more for the cause of the nation&#39;s security than 1,000 Guantanamos. It is time to address these issues once and for all. Ten years is enough.&quot; Read the full article at Law.com</description>-->
      <dc:subject>News</dc:subject>
      <dc:date>2012-01-16T16:37:45+00:00</dc:date>
    </item>

    <item>
      <title>D.R. Horton, Inc. vs. Michael Cuda</title>
<link>http://www.gdhm.com/index.php/site/news/d.r._horton_inc._vs._michael_cuda/</link>
      <guid>http://www.gdhm.com/index.php/site/d.r._horton_inc._vs._michael_cuda/#When:14:33:56Z</guid>
      <!--<description></description>-->
      <dc:subject>Publications, Employment Law</dc:subject>
      <dc:date>2012-01-11T14:33:56+00:00</dc:date>
    </item>

    <item>
      <title>Helen Foster speaking at Water Rights conference</title>
<link>http://www.gdhm.com/index.php/site/news/helen_foster_speaking_at_water_rights_conference/</link>
      <guid>http://www.gdhm.com/index.php/site/helen_foster_speaking_at_water_rights_conference/#When:20:48:30Z</guid>
      <!--<description>Helen Foster will present at the 2012 State Bar of Texas, Environmental and Natural Resources&amp;nbsp;section&#39;s&amp;nbsp;annual The Changing Face of Water Rights conference.</description>-->
      <dc:subject>News</dc:subject>
      <dc:date>2012-01-06T20:48:30+00:00</dc:date>
    </item>

    <item>
      <title>Tom Mason comments on the 2012 State Water Plan</title>
<link>http://www.gdhm.com/index.php/site/news/tom_mason_comments_on_the_2012_state_water_plan/</link>
      <guid>http://www.gdhm.com/index.php/site/tom_mason_comments_on_the_2012_state_water_plan/#When:15:53:50Z</guid>
      <!--<description>Austin American&#45;Statesman, January 4, 2012
Water future depends on careful plans
by Tom Mason
Whether you see a glass of water as half&#45;full or half&#45;empty depends on whether you are pouring or drinking.
Most of us in the greater Austin region get our drinking water from Lakes Travis and Buchanan, and as we start the New Year, our glass is almost two&#45;thirds empty. Read the full story on the Austin American&#45;Statesman website.</description>-->
      <dc:subject>News, Administrative &amp; Regulatory Litigation, Environment and Natural Resources: Oil, Gas, Land &amp; Water, Water Law</dc:subject>
      <dc:date>2012-01-04T15:53:50+00:00</dc:date>
    </item>

    <item>
      <title>GDHM welcomes David Smith</title>
<link>http://www.gdhm.com/index.php/site/news/gdhm_welcomes_david_smith/</link>
      <guid>http://www.gdhm.com/index.php/site/gdhm_welcomes_david_smith/#When:15:43:40Z</guid>
      <!--<description>Graves Dougherty is pleased to welcome David P. Smith to the firm&#39;s Regulatory, Environmental and Real Estate practices.
&amp;nbsp;
Widely recognized as an authority in environmental and natural resources law and policy, David Smith recently returned to Texas &amp;ndash; and private practice &amp;ndash; after more than a decade in public service in both Austin and Washington, D.C. &amp;nbsp;Mr. Smith has dealt with all major Texas and federal natural resources agencies as counsel, policy advisor or appointed official.&amp;nbsp; Before moving back into private practice, David spent five years with the U.S. Department of the Interior as Deputy Assistant Secretary of the Interior and Counselor for Fish and Wildlife and Parks. &amp;nbsp;In this capacity, he was a member of the Secretary of the Interior&amp;rsquo;s senior management team, working with political and career leadership across the Department of the Interior, the White House, Congress and other federal agencies.
&amp;nbsp;
David &amp;nbsp;has testified before both the U.S. Senate and House of Representatives and has delivered speeches and position papers to national and international audiences on such topics as the Endangered Species Act, National Environmental Policy Act, Migratory Bird Treaty Act, Bald and Golden Eagle Act, National Wildlife Refuge System, the National Park System, and the Convention on International Trade in Endangered Species of Wild Fauna and Flora.
&amp;nbsp;
Prior to going to Washington he served in the Appointments Office of then&#45;Governor George W. Bush and later on the Bush&#45;Cheney Transition Team.</description>-->
      <dc:subject>News, Administrative &amp; Regulatory Litigation, Environment and Natural Resources: Oil, Gas, Land &amp; Water, Real Estate</dc:subject>
      <dc:date>2012-01-03T15:43:40+00:00</dc:date>
    </item>

    <item>
      <title>Jim Hemphill remarks on Texas Disposal&#8217;s challenge to the City</title>
<link>http://www.gdhm.com/index.php/site/news/jim_hemphill_remarks_on_texas_disposals_challenge_to_the_city/</link>
      <guid>http://www.gdhm.com/index.php/site/jim_hemphill_remarks_on_texas_disposals_challenge_to_the_city/#When:16:49:33Z</guid>
      <!--<description>Jim Hemphill quoted in the Austin Business Journal regarding Texas Disposal Systems Inc.&#39;s challenge with the City.</description>-->
      <dc:subject>News</dc:subject>
      <dc:date>2011-12-30T16:49:33+00:00</dc:date>
    </item>

    <item>
      <title>GDHM Clients Prevail in Beer Lawsuit</title>
<link>http://www.gdhm.com/index.php/site/news/no_more_beer_in_tx/</link>
      <guid>http://www.gdhm.com/index.php/site/no_more_beer_in_tx/#When:21:31:57Z</guid>
      <!--<description>On behalf of craft brewers, Jester King, Authentic Beverage Company and Zax Restaurant &amp;amp; Bar,&amp;nbsp;GDHM&amp;nbsp;First Amendment&amp;nbsp;attorney Pete Kennedy obtained an order from U.S. District Judge Sam Sparks&amp;nbsp;striking down several provisions of the Texas Alcohol Beverage Code and of the Texas Alcohol Beverage Commission&amp;rsquo;s regulations.&amp;nbsp;Judge Sparks&amp;nbsp;held that&amp;nbsp;the Code and regulations are unconstitutional to the extent they prohibit brewers and distributors from (1) advertising where their beer can be bought; (2) accurately labeling their products as &amp;ldquo;beer&amp;rdquo; and &amp;ldquo;ale&amp;rdquo; according to style, rather than alcohol content; and (3) advertising the alcohol content of their beers.</description>-->
      <dc:subject>News, Representative Matters, Media, First Amendment and Public Access</dc:subject>
      <dc:date>2011-12-29T21:31:57+00:00</dc:date>
    </item>

    <item>
      <title>Clarke Heidrick next chairman of the Austin Chamber of Commerce</title>
<link>http://www.gdhm.com/index.php/site/news/clarke_heidrick_next_austin_chamber_of_commerce_chairman/</link>
      <guid>http://www.gdhm.com/index.php/site/clarke_heidrick_next_austin_chamber_of_commerce_chairman/#When:16:21:55Z</guid>
      <!--<description>GDHM Shareholder, Clarke Heidrick, will succeed Bobby Jenkins as the&amp;nbsp;chairman of the Greater Austin Chamber of Commerce in 2012.
&amp;nbsp;
During his time as chairman, Clarke anticipates&amp;nbsp;working on a few major efforts including an initiative to develop a medical school and&amp;nbsp;transportation&amp;nbsp;issues to alleviate traffic congestion.
&amp;nbsp;</description>-->
      <dc:subject>News, Corporate &amp; Securities</dc:subject>
      <dc:date>2011-12-08T16:21:55+00:00</dc:date>
    </item>

    <item>
      <title>GDHM Shareholder Jim Hoeffner Displays Photography</title>
<link>http://www.gdhm.com/index.php/site/news/gdhm_shareholder_jim_hoeffner_displays_photography/</link>
      <guid>http://www.gdhm.com/index.php/site/gdhm_shareholder_jim_hoeffner_displays_photography/#When:18:00:50Z</guid>
      <!--<description>Jim Hoeffner presently has an exhibition of photographs from his trips to Russia on display at the Starbucks on 5th and Lamar, across from Whole Foods. These will be displayed through December of this year. A more complete collection of his photography is available on&#45;line at www.hoeffner.us.</description>-->
      <dc:subject>News</dc:subject>
      <dc:date>2011-12-07T18:00:50+00:00</dc:date>
    </item>

    <item>
      <title>GDHM WELCOMES TOM MASON</title>
<link>http://www.gdhm.com/index.php/site/news/gdhm_welcomes_tom_mason/</link>
      <guid>http://www.gdhm.com/index.php/site/gdhm_welcomes_tom_mason/#When:12:17:03Z</guid>
      <!--<description>Graves Dougherty is pleased to welcome&amp;nbsp;Tom Mason&amp;nbsp;to its regulatory law section.&amp;nbsp;
Tom Mason has 30 years of experience as an environmental lawyer. Most recently, he served as general manager of the Lower Colorado River Authority (LCRA) from 2007 until July 2011. Prior to that, Mason was the LCRA&amp;rsquo;s general counsel.
Tom&#39;s experience includes administrative, regulatory, litigation, and legislative matters associated with water, energy, and utilities.</description>-->
      <dc:subject>News</dc:subject>
      <dc:date>2011-11-30T12:17:03+00:00</dc:date>
    </item>

    <item>
      <title>Pete Kennedy to speak on First Amendment beer case</title>
<link>http://www.gdhm.com/index.php/site/news/pete_kennedy_to_speak_at_the_black_star_co-op_pub_brewery/</link>
      <guid>http://www.gdhm.com/index.php/site/pete_kennedy_to_speak_at_the_black_star_co-op_pub_brewery/#When:18:58:51Z</guid>
      <!--<description>On Wednesday, November 30th, Pete Kennedy will discuss the current Jester King Craft Brewery lawsuit&amp;nbsp;against TABC.&amp;nbsp; The discussion and follow&#45;up Q&amp;amp;A&amp;nbsp;will be held&amp;nbsp;at Black Star Co&#45;op Pub &amp;amp; Brewery located at 7020 Easy Wind Dr., Suite 100, Austin, TX&amp;nbsp;from 7:00 pm until 9:00 pm.</description>-->
      <dc:subject>News</dc:subject>
      <dc:date>2011-11-28T18:58:51+00:00</dc:date>
    </item>

    <item>
      <title>Tom Mason, Former General Manager of the LCRA, to join GDHM</title>
<link>http://www.gdhm.com/index.php/site/news/tom_mason_former_general_manager_of_the_lcra_to_join_gdhm/</link>
      <guid>http://www.gdhm.com/index.php/site/tom_mason_former_general_manager_of_the_lcra_to_join_gdhm/#When:18:48:35Z</guid>
      <!--<description>Graves, Dougherty, Hearon &amp;amp; Moody&amp;mdash;an Austin, Texas&#45;based law firm with 67 attorneys&amp;mdash;today announced the addition of Tom Mason, former general manager of the Lower Colorado River Authority (LCRA), to the firm. Mason will officially join the firm on Nov. 28, 2011.
&amp;nbsp;
&amp;ldquo;Tom (Mason) is one of the state&amp;rsquo;s foremost legal experts on complex water and utilities issues,&amp;rdquo; Michael Whellan, president of Graves Dougherty said. &amp;ldquo;He is an ideal addition to the firm&amp;rsquo;s thriving regulatory and natural resources practices.&amp;rdquo;
&amp;nbsp;
Mason has 31 years of experience as an environmental lawyer and over 20 years of experience in public electric power. Most recently, he served as general manager of the LCRA from 2007 until July 2011. Prior to that, Mason was the LCRA&amp;rsquo;s general counsel. LCRA is one of the nation&amp;rsquo;s larger public power authorities, and is also responsible for managing the lower Colorado River from the Highland Lakes through Austin and Bastrop to Matagorda Bay.
&amp;nbsp;
&quot;I was attracted to Graves Dougherty&#39;s reputation for integrity and commitment to clients, as well as the opportunity to practice with outstanding lawyers in the areas of water and energy,&amp;rdquo; Mason said.
&amp;nbsp;
Before joining the LCRA in 1987, Mason served as assistant general counsel for the Texas Department of Water Resources and director of the Water Quality Division of the Texas Water Commission. He was also a partner in a law firm with a statewide practice in environmental and administrative law.
&amp;nbsp;
Mason is a magna cum laude graduate of The University of Texas at Austin. He earned a doctorate of jurisprudence with honors from The University of Texas School of Law.
&amp;nbsp;
Mason is the latest recruit in Graves Dougherty&amp;rsquo;s 15&#45;year growth trend that has often included high&#45;profile lawyers. Most recently, Frank Monroe chose to practice at Graves Dougherty after serving for twenty years as a U.S. bankruptcy judge for the Western District of Texas.</description>-->
      <dc:subject>News</dc:subject>
      <dc:date>2011-11-15T18:48:35+00:00</dc:date>
    </item>

    <item>
      <title>GDHM recognized at Texas Appleseed dinner</title>
<link>http://www.gdhm.com/index.php/site/news/gdhm_receives_award_fro_pro_bono_work/</link>
      <guid>http://www.gdhm.com/index.php/site/gdhm_receives_award_fro_pro_bono_work/#When:15:01:52Z</guid>
      <!--<description>At its annual Good Apple Dinner, Texas Appleseed gave special recognition to Graves Dougherty for pro bono work.
&amp;nbsp;
The award primarily celebrated the firm&#39;s work on alternatives to &quot;payday&quot; lending.&amp;nbsp; Present abusive lending practice exists under Texas statutes that allow greater than 500 percent interest.&amp;nbsp;&amp;nbsp;Will Dibrell and Cliff Ernst assisted Texas Appleseed in developing a program to encourage Texas lenders to make lower&#45;cost alternative lending available to workers/borrowers of very modest means.
&amp;nbsp;
Former Justice Harriet O&#39;Neill&amp;nbsp;was awarded the annual J. Chrys Dougherty Good Apple Award, for her great service, including her efforts to enhance access to justice.</description>-->
      <dc:subject>News</dc:subject>
      <dc:date>2011-11-08T15:01:52+00:00</dc:date>
    </item>

    <item>
      <title>GDHM clients challenge beer laws</title>
<link>http://www.gdhm.com/index.php/site/news/gdhm_clients_challenge_beer_laws/</link>
      <guid>http://www.gdhm.com/index.php/site/gdhm_clients_challenge_beer_laws/#When:19:31:02Z</guid>
      <!--<description>Three GDHM clients &amp;ndash; a microbrewery, a restaurant and a distributor all located in Austin &amp;ndash; are challenging Texas laws that regulate the sale and advertising of malt beverages.&amp;nbsp; Pete Kennedy, along with solo practitioner Jim Houchins, are pursuing a case against the Texas Alcoholic Beverage Commission in Austin federal court on behalf of Jester King Craft Brewery, Zax Restaurant &amp;amp; Bar and Authentic Beverages Company.&amp;nbsp; The lawsuit&amp;nbsp; seeks to invalidate under the First Amendment and Equal Protection Clause a set of advertising and licensing laws that restrict the growth of craft brewing in Texas.&amp;nbsp; At issue are laws that prohibit breweries from advertising where their beers can be bought, that require the misleading use of&amp;nbsp; the words &amp;ldquo;beer,&amp;rdquo; &amp;ldquo;ale&amp;rdquo; and &amp;ldquo;malt liquor,&amp;rdquo; and discriminatory licensing rules that prohibit microbreweries from selling beer on site but allow wineries to do so.&amp;nbsp; The plaintiffs filed their motion for summary judgment on October 19.&amp;nbsp; The case is set for trial in 2012.&amp;nbsp;</description>-->
      <dc:subject>News, Representative Matters, Media, First Amendment and Public Access</dc:subject>
      <dc:date>2011-10-25T19:31:02+00:00</dc:date>
    </item>

    <item>
      <title>Susan Burton to speak at AHRMA</title>
<link>http://www.gdhm.com/index.php/site/news/susan_burton_to_speak_at_ahrma/</link>
      <guid>http://www.gdhm.com/index.php/site/susan_burton_to_speak_at_ahrma/#When:16:01:57Z</guid>
      <!--<description>On October 26&amp;nbsp;Susan Burton, head of GDHM&#39;s Employment law section, will&amp;nbsp;be a panel speaker at the Austin Human Resource Management Association (AHRMA) Diversity Day program&amp;nbsp;titled &quot;Journey to Inclusion.&quot;</description>-->
      <dc:subject>News, Employment Law</dc:subject>
      <dc:date>2011-10-17T16:01:57+00:00</dc:date>
    </item>

    <item>
      <title>Mike McKetta selected as Distinguished Lawyer</title>
<link>http://www.gdhm.com/index.php/site/news/mike_mcketta_selected_as_distinguised_lawyer/</link>
      <guid>http://www.gdhm.com/index.php/site/mike_mcketta_selected_as_distinguised_lawyer/#When:20:58:15Z</guid>
      <!--<description>The Austin Bar Association has selected Mike McKetta as one of this year&amp;rsquo;s Distinguished Lawyers.&amp;nbsp;The Distinguished Lawyer Award is presented at the annual Austin Bar Foundation Gala and recognizes the dedication and hard work of an attorney who has practiced for 30 years or more and has significantly contributed to the profession and the community.</description>-->
      <dc:subject>News</dc:subject>
      <dc:date>2011-10-04T20:58:15+00:00</dc:date>
    </item>

    <item>
      <title>Celebrating sixty&#45;five years of service</title>
<link>http://www.gdhm.com/index.php/site/news/celebrating_sixty-five_years_of_service/</link>
      <guid>http://www.gdhm.com/index.php/site/celebrating_sixty-five_years_of_service/#When:15:37:59Z</guid>
      <!--<description>October 1st marked the 65th anniversary of Graves, Dougherty, Hearon &amp;amp; Moody. We look forward to the next 65 years of service and partnership in the Austin community.</description>-->
      <dc:subject>News</dc:subject>
      <dc:date>2011-10-03T15:37:59+00:00</dc:date>
    </item>

    <item>
      <title>Another successful Engaging Conversations event</title>
<link>http://www.gdhm.com/index.php/site/news/another_successful_engaging_conversations_event/</link>
      <guid>http://www.gdhm.com/index.php/site/another_successful_engaging_conversations_event/#When:18:55:16Z</guid>
      <!--<description>Thank you to all the guests and Table Hosts who attended the firm&#39;s 12th annual Engaging Conversations dinner. With your contributions, the event raised over $40,000 for the Austin Children&#39;s Shelter.
&amp;nbsp;
Stay tuned for pictures&amp;nbsp;from the evening.</description>-->
      <dc:subject>News</dc:subject>
      <dc:date>2011-09-26T18:55:16+00:00</dc:date>
    </item>

    <item>
      <title>Client Alert: NLRB turns up the heat on Non&#45;Union Employers</title>
<link>http://www.gdhm.com/index.php/site/news/client_alert_nlrb_turns_up_the_heat_on_non-union_employers/</link>
      <guid>http://www.gdhm.com/index.php/site/client_alert_nlrb_turns_up_the_heat_on_non-union_employers/#When:20:49:07Z</guid>
      <!--<description>The NLRB Turns up the Heat on Employers for Unfair Labor Practice Charges: Even Non&#45;Union Employers Can Be Liable
&amp;nbsp;
Overview
&amp;nbsp;
Non&#45;unionized employers&amp;mdash;especially small businesses&amp;mdash;often are surprised to learn they may be subject to federal labor relations laws and therefore subject to unfair labor practice charges. The NLRB has been aggressively prosecuting such charges, especially in the social media arena.
&amp;nbsp;
Federal Labor Relations Laws Applicable in Non&#45;Union Settings 
&amp;nbsp;
The National Labor Relations Act of 1935 (NLRA), applies to employers in most private&#45;sector workplaces. The penalties for committing unfair labor practices include back pay, reinstatement, and interest.
&amp;nbsp;
Non&#45;Unionized Employers Beware! 
&amp;nbsp;
Many employers may not know that the following actions have the potential for unfair labor practices claims:
&amp;nbsp;

Threatening employees with discipline, or imposing discipline on employees if they engage in protected concerted activity, such as discussing wages or working conditions with co&#45;workers or if they speak on behalf of co&#45;workers about working conditions or wages;
Transferring, laying off, terminating, assigning employees more difficult work tasks or otherwise punishing employees because they engaged in union or protected concerted activity.

&amp;nbsp;
What is protected concerted activity?
&amp;nbsp;
It is a violation of the NLRA for an employer to discipline employees (including non&#45;union employees) for discussing wages or working conditions.&amp;nbsp; &amp;ldquo;Working conditions&amp;rdquo; can include an employee&amp;rsquo;s negative remarks about a supervisor or co&#45;workers&amp;mdash;if it is &amp;ldquo;concerted activity&amp;rdquo; as discussed below. And, although normally more than one employee must be involved (thereby making the activity &amp;ldquo;concerted&amp;rdquo;), even a single employee can be engaged in protected concerted activity if that employee purports to be acting on behalf of a group, or preparing for group action.
&amp;nbsp;
Examples of protected concerted activity:
&amp;nbsp;
An employer who fired a salesman for being an &amp;ldquo;outspoken critic&amp;rdquo; against special two&#45;hour meetings, which sales personnel were required to attend without compensation before the store opened, committed an unfair labor practice.
&amp;nbsp;
An employer who fired two employees who composed a letter protesting changes in the method of compensation committed an unfair labor practice.
&amp;nbsp;
An employer who disciplined a salesperson at a car dealership who criticized the dealership&amp;rsquo;s handling of a sales event on his Facebook page committed an unfair labor pracrtice. The sales event was intended to promote a new car model. The salesperson posted mildly mocking photographs that included his co&#45;workers.&amp;nbsp;
&amp;nbsp;
An employer who fired an employee who posted negative comments on Facebook from her home computer on non&#45;working time about her boss&amp;nbsp; (calling him a scumbag), committed an unfair labor practice. In this case, the employee&amp;rsquo;s comment received favorable responses from co&#45;workers&amp;nbsp; and thus the NLRB said the employee had engaged in protected concerted activity.
&amp;nbsp;
Special Concerns About Social Media Policies
&amp;nbsp;
Employers should make sure their social media policy does not run afoul of the NLRA. Based on recent cases, the most common problems with social media policies is that they are overly broad, i.e. they can be construed as prohibiting employees from discussing terms and conditions of employment. For example, the NLRB has found the following prohibitions in&amp;nbsp; social media policies&amp;nbsp; to be overbroad and in violation of the NLRA:
&amp;nbsp;

Inappropriate discussions about the company, management and/or co&#45;workers.
Prohibiting any social media post that embarrasses, humiliates or defames the company or any employee, supervisor etc.
Prohibiting employees from making disparaging comments when disusing the company or the employees supervisors, coworkers or competitors. Prohibiting use of the company&amp;rsquo;s logo and photographs of the company&amp;rsquo;s premises.

&amp;nbsp;
(See August 18, 2011 Memorandum from the NLRB&amp;rsquo;s General Counsel to all Regional Directors)
&amp;nbsp;
Removing all of these provisions would make most social media polices meaningless. However, based on the Memorandum, it appears that employers may still be able to have effective social media policies with these types or provisions if the policy contains an appropriate disclaimer. Such disclaimer should explicitly inform employees that the policy will not be construed or applied in a manner that improperly interferes with employees&amp;rsquo; rights under Section 7 of the NLRA.
&amp;nbsp;
Lessons for Employers
&amp;nbsp;
The lesson for employers is to be very cautious when considering&amp;nbsp; discipline against an employee who voices concerns or makes complaints to a manager or supervisor about working conditions or pay, especially in situations where other employees are present, or where the employee says he is speaking on behalf of his co&#45;workers. These activities may be &amp;ldquo;protected concerted activity&amp;rdquo; under the NLRA. The prohibition against discipline or termination applies to griping or complaining about such subjects in employee break room as well as in the social media arena, i.e. Facebook or Twitter.
&amp;nbsp;
To help guard against unfair labor practice charges, your supervisors, as well as anyone who handles employee complaints, should be trained on and aware of the law protecting certain concerted activities. Additionally, you should review your social medial policy in light of the August 18, 2011 Memorandum from the NLRB mentioned above and consult with experienced employment law counsel if you have questions about your policy.
&amp;nbsp;
For more information regarding the NLRB, NLRA, unfair labor practices claims or any other employment law related questions, please contact the head of GDHM&amp;rsquo;s Employment Law group, Susan Burton, sburton@gdhm.com, 512.480.5738.
&amp;nbsp;
Notice: We are providing this client alert as a commentary on current legal issues, and it should not be considered legal advice, which depends on the facts of each situation. Receipt of this client alert does not establish an attorney&#45;client relationship. The listed attorneys and/or other attorneys may provide services in connection with a particular matter.&amp;nbsp;</description>-->
      <dc:subject>Client Alerts, Employment Law</dc:subject>
      <dc:date>2011-08-31T20:49:07+00:00</dc:date>
    </item>

    <item>
      <title>Texas Supreme Court issues major decision recognizing the importance of state’s Workers’ Comp Law</title>
<link>http://www.gdhm.com/index.php/site/news/texas_supreme_court_issues_important_decision_involving_the_texas_labo/</link>
      <guid>http://www.gdhm.com/index.php/site/texas_supreme_court_issues_important_decision_involving_the_texas_labo/#When:19:56:35Z</guid>
      <!--<description>On August 26, the Supreme Court of Texas issued a significant decision in favor of Graves Dougherty client Texas Mutual Insurance Company.&amp;nbsp; The Court&amp;rsquo;s opinion in Texas Mutual Insurance Company v. Timothy J. Ruttiger recognizes the importance of remedies available to injured workers through the Texas Labor Code.
&amp;nbsp;
The Supreme Court held that certain provisions of the Insurance Code creating a cause of action for &amp;ldquo;unfair settlement practices&amp;rdquo; do not apply in the workers&amp;rsquo; compensation context because they conflict with the comprehensive workers&amp;rsquo; compensation system established by the Labor Code.&amp;nbsp; The Court observed that recognizing an Insurance Code cause of action created an incentive for injured workers not to seek prompt recovery of workers&amp;rsquo; compensation benefits under the Labor Code.
&amp;nbsp;
Texas Mutual, with assistance from GDHM, has worked for the last decade to bring about judicial recognition of the inherent conflict between protection for injured workers under the Labor Code and recognition of &amp;ldquo;bad faith&amp;rdquo; claims under the Insurance Code.&amp;nbsp; In the Ruttiger case, a jury had found in favor of the plaintiff, and that finding was affirmed in the Court of Appeals.&amp;nbsp; Graves Dougherty joined the case as counsel on motion for rehearing in the Court of Appeals.
&amp;nbsp;
Graves Dougherty shareholder Pete Schenkkan was Texas Mutual&amp;rsquo;s lead counsel in the Supreme Court and argued the case.&amp;nbsp; Graves Dougherty lawyers joining him on the briefs were Mary Keeney, Jim Hemphill, Bill Christian, and Matt Baumgartner.&amp;nbsp; GDHM lawyers Robin Melvin and Boyce Cabaniss also provided assistance.
&amp;nbsp;
Read&amp;nbsp;Texas Mutual&amp;rsquo;s statement&amp;nbsp;on&amp;nbsp;the company&#39;s&amp;nbsp;website.</description>-->
      <dc:subject>News, Administrative &amp; Regulatory Litigation, Appellate Law</dc:subject>
      <dc:date>2011-08-31T19:56:35+00:00</dc:date>
    </item>

    <item>
      <title>NLRB Report of the Acting General Counsel Concerning Social Media Cases</title>
<link>http://www.gdhm.com/index.php/site/news/nlrb_report_of_the_acting_general_counsel_concerning_social_media_cases/</link>
      <guid>http://www.gdhm.com/index.php/site/nlrb_report_of_the_acting_general_counsel_concerning_social_media_cases/#When:14:17:38Z</guid>
      <!--<description></description>-->
      <dc:subject>Publications, Employment Law</dc:subject>
      <dc:date>2011-08-31T14:17:38+00:00</dc:date>
    </item>

    <item>
      <title>Mary Keeney named Appellate Lawyer of the Week by Texas Lawyer</title>
<link>http://www.gdhm.com/index.php/site/news/mary_keeney_named_appellate_lawyer_of_the_week_by_texas_lawyer/</link>
      <guid>http://www.gdhm.com/index.php/site/mary_keeney_named_appellate_lawyer_of_the_week_by_texas_lawyer/#When:17:32:24Z</guid>
      <!--<description>Mary Keeney recognized by Texas Lawyer for&amp;nbsp;her work&amp;nbsp;on&amp;nbsp;a recent zoning case. 
&amp;nbsp;
From Law.com, Texas Lawyer:
Few issues can sour a real estate development quicker than a zoning snafu. Yet the legal work done by Mary Keeney clears the way for her client to build a hotel and answers questions about a state statute that governs how municipalities regulate the use of property. Read full article...</description>-->
      <dc:subject>News, Representative Matters, Appellate Law</dc:subject>
      <dc:date>2011-08-29T17:32:24+00:00</dc:date>
    </item>

    <item>
      <title>2011 Legislation Affecting Property Owner Associations and Restrictive Covenants</title>
<link>http://www.gdhm.com/index.php/site/news/2011_legislation_affecting_property_owner_associations_and_restrictive/</link>
      <guid>http://www.gdhm.com/index.php/site/2011_legislation_affecting_property_owner_associations_and_restrictive/#When:13:53:42Z</guid>
      <!--<description>When the regular session of the 82nd Texas Legislature adjourned on May 30, 2011, over forty revisions affecting restrictive covenants and property owner associations (herein referred to as &amp;ldquo;Associations&amp;rdquo; and &amp;ldquo;HOAs&amp;rdquo;) had been made to the Texas Property Code.&amp;nbsp; In the wake of such extensive legislation, some commentators have declared it to be &amp;ldquo;a new day for Texas HOAs.&amp;rdquo;&amp;nbsp; This bulletin summarizes the most significant legislation affecting HOAs and restrictive covenants, and outlines: (1) actions that HOAs must take to comply with the new laws, (2) possible amendments to restrictive covenants (also sometimes referred to as a &quot;declaration&quot;), (3) new laws aimed at increasing home owner participation in Association activities, and (4) other notable legislation. &amp;nbsp;Except as otherwise noted, references to &amp;ldquo;Sections&amp;rdquo; are to sections in the Texas Property Code.
&amp;nbsp;
The majority of the new legislation applies only to subdivisions in which a majority of the property is restricted to single&#45;family residential use, and that require membership in an Association that has the authority to impose regular or special assessments.&amp;nbsp; Subdivisions that are primarily restricted to commercial use are generally not affected by the new legislation discussed in this bulletin.[1]&amp;nbsp; In addition, few of the new laws affect condominium owner associations, which continue to be governed by the Texas Uniform Condominium Act set forth in Chapter 82 of the Texas Property Code.&amp;nbsp; Certain provisions applicable to condominium owner associations are noted in this bulletin.
&amp;nbsp;
Part 1:&amp;nbsp; Actions that Each HOA Must Take to Comply with the New Legislation[2]
&amp;nbsp;
To the extent applicable, Associations should take the following actions:
&amp;nbsp;
Record All Dedicatory Instruments.&amp;nbsp; Effective as of January 1, 2012, all dedicatory instruments of an Association &#45; including the declaration, bylaws, rules and regulations, etc., and including the dedicatory instruments of Associations governing condominiums &#45; must be recorded in the real property records of each county in which the property is located per Section 202.006.&amp;nbsp; An instrument will have no effect until it is recorded.&amp;nbsp; In addition, if the HOA maintains a website (or if a management company&amp;nbsp;maintains a website on behalf of an HOA), all dedicatory instruments relating to the subdivision or HOA must be posted on the website per Section 207.006.
&amp;nbsp;
The Following Policies Must Be Adopted and Recorded in the Real Property Records by January 1, 2012. 
&amp;nbsp;

Payment Plan Policy (Section 209.0062). &amp;nbsp;An Association must adopt reasonable guidelines to establish an alternative payment schedule for delinquent assessments.&amp;nbsp; 

&amp;nbsp;

Records Production and Copying Policy (Section 209.005(i)).&amp;nbsp; An Association must adopt a records production and copying policy that establishes the costs the Association will charge for the compilation, production and reproduction of information requested by a member.&amp;nbsp; Failure to adopt the policy prevents the Association from charging an owner for the compilation, production or reproduction of information requested.

&amp;nbsp;

Records Retention Policy (Section 209.005(m)). &amp;nbsp;An Association must adopt and comply with a document retention policy.

&amp;nbsp;
Non&#45;Judicial Foreclosure of an Assessment Lien is No Longer Permitted.&amp;nbsp; Starting on January 1, 2012, an Association must first obtain a court order in an application for expedited foreclosure in order to foreclose on an assessment lien per Section 209.0092.&amp;nbsp; A provision in a declaration permitting non&#45;judicial foreclosure of an assessment lien may be amended accordingly.
&amp;nbsp;
New Notice Required Before Exercising Remedies.&amp;nbsp; Before an Association may exercise any remedies against a homeowner who is delinquent in paying assessments, the Association must comply with new notice requirements relating to the Servicemembers Civil Relief Act per Section 209.006(b).
&amp;nbsp;
New Disclosures Required in HOA Resale Certificates.&amp;nbsp; Pursuant to Section 207.003, Associations (including condominium owner associations) must make additional disclosures in resale certificates.&amp;nbsp; One significant change is that in addition to disclosing all litigation in which the Association is a defendant, the Association must disclose all litigation in which the Association is a party (as plaintiff or defendant).&amp;nbsp; The resale certificate must also disclose the purpose of any special assessment approved before and due after the resale certificate is delivered, and describe all transfer fees.
&amp;nbsp;
Part 2:&amp;nbsp; Possible Amendments to Restrictive Covenants
&amp;nbsp;
Use Restrictions.&amp;nbsp; New laws address restrictive covenants regulating the following activities within a subdivision:

Solar Energy Devices &#45; Section 202.010
Roofing Materials &#45; Section 202.011
Religious Items &#45; Section 202.018
Flags &#45; Section 202.011
Harvested Rainwater &#45; Section 202.007(d)

&amp;nbsp;
A subdivision&amp;rsquo;s declaration may regulate these activities to a certain extent.&amp;nbsp; If a declaration is silent with respect to these activities, owners will have the unrestricted right (subject to city ordinances and other applicable law) to install solar energy devices and harvested rainwater facilities, and to display religious items and flags within the subdivision.&amp;nbsp; Provisions in a declaration that are inconsistent with these new laws are void.
&amp;nbsp;
Development Period. &amp;nbsp;The Legislature introduced the concept of a Development Period, which is defined as &amp;ldquo;a period stated in the declaration in which the declarant reserves the right to (1) facilitate the development, construction and marketing of the subdivision and (2) direct the size, shape, and composition of the subdivision&amp;rdquo; (see, for example, Section 209.0041 and Section 209.0051(b)(2)).&amp;nbsp; Notably, the Legislature did not tie the Development Period to the declarant&amp;rsquo;s ownership of property in the subdivision or to a particular term of years.&amp;nbsp; During the Development Period, certain laws relating to the election and appointment of Association directors, open Board meetings, amendment procedures, and certain use restrictions do not apply.&amp;nbsp; If a declaration does not define the Development Period and reserve the rights described above, the requirements imposed by the new laws will apply.
&amp;nbsp;
Declarant Control Period.&amp;nbsp; In addition to the Development Period, a declaration may also provide for a &amp;ldquo;period of declarant control&amp;rdquo; during which the declarant, or persons designated by the declarant, may appoint and remove Board members and officers of the Association per Section 209.00591.&amp;nbsp; Regardless of the period of declarant control provided by the declaration, at least one&#45;third of the Board members must be elected by owners other than the declarant on or before: (a) the 120th day after the date 75% of the lots that may be created and made subject to the declaration are conveyed to owners other than the declarant, or (b) if the declaration does not include the number of lots that may be created and made subject to the declaration, not later than the 10th anniversary of the date the declaration was recorded.
&amp;nbsp;
Application of Payments and Third Party Collection Costs.&amp;nbsp; The new laws impose new restrictions.&amp;nbsp; Section 209.0063 outlines the order in which all payments received by an HOA from an owner must be applied (i.e., first to delinquent assessments, second to current assessments, third to attorney fees or third party collection costs, lastly to fines and any other amounts owed to the Association).&amp;nbsp; Section 209.0064 now restricts third party collection costs that an Association can pass on to owners.&amp;nbsp; While a declaration need not restate these provisions, it should be reviewed to ensure that its provisions do not conflict with these new restrictions.
&amp;nbsp;
Amending the Declaration.&amp;nbsp; Pursuant to Section 209.0041, a declaration cannot require approval of more than 67% of the total votes allocated to property owners in the Association in order to amend the declaration (lower percentages set forth in the declaration are acceptable).&amp;nbsp; This requirement does not apply to amendments during the Development Period.
&amp;nbsp;
Part 3:&amp;nbsp; Legislation Aimed at Increasing Home Owner Participation in Association Activities
&amp;nbsp;
A significant focus of the new laws is increasing home owner participation in Association activities.&amp;nbsp; As a result, new legislation affects several aspects of an HOA&amp;rsquo;s operations.&amp;nbsp; Relevant provisions in the declaration and bylaws should be reviewed and possibly revised to ensure compliance with the new laws.
&amp;nbsp;
Voting Rights. Pursuant to Section 209.0059, no dedicatory instrument may disqualify a member from voting in an election of directors or on any matter concerning the rights or responsibilities of such member.&amp;nbsp; Provisions calling for the suspension of a member&amp;rsquo;s voting privileges should be revised accordingly.
&amp;nbsp;
Election of Board Members. Neither the declaration nor the bylaws may include a provision restricting an owner&amp;rsquo;s right to run in an election for a position on the Board per Section 209.00591.&amp;nbsp; However, a director who has been convicted of a crime involving moral turpitude is automatically (a) ineligible to serve on the Board, (b) removed from the Board, and (c) prohibited from future service on the Board.
&amp;nbsp;
Open Board Meetings. Regular and special Board meetings must be open to members, subject to the right of the directors to meet in closed executive session to consider certain actions, such as personnel, pending or threatened litigation, contract negotiations, and enforcement actions per Section 209.0051.&amp;nbsp; Members must be notified of Board meetings as set forth in Section 209.0051(e), which allows for notice to be posted on an Association&amp;rsquo;s website no later than 72 hours before the meeting.
&amp;nbsp;
Notice of Member Election or Vote. Members must be given no less than 10 days nor more than 60 days notice of an Association&#45;wide election or vote per Section 209.0056.&amp;nbsp; Notice of an election in which members are entitled to vote must be given in person, or by mail, fax or email, and is not effective if it is only posted on an Association&amp;rsquo;s website.
&amp;nbsp;
Mandatory Election Required After Failure to Call a Regular Member Meeting.&amp;nbsp; Pursuant to Section 209.014, if a Board fails to call an annual meeting of the members, an owner may demand a meeting.&amp;nbsp; If the meeting still does not occur by the 30th day after the date of any such demand, three or more owners may form an election committee, which may call a meeting for the sole purpose of electing Board members.
Right to Vote by Proxy and Ballots.&amp;nbsp; No dedicatory instrument may prohibit a member from voting in person or by proxy at a meeting of the Association per Section 209.00592.&amp;nbsp; Any vote cast by a member must be in writing and signed by the member per Section 209.0058.&amp;nbsp; Electronic votes constitute written and signed ballots.&amp;nbsp; Written and signed ballots are not required for uncontested races.
&amp;nbsp;
Part 4: Other Notable Legislation
&amp;nbsp;
New Private Transfer Fees are Void.&amp;nbsp;Pursuant to Section 5.202, a private transfer fee established after June 16, 2011 that is passed through to a third party designated or identifiable in a declaration is void.&amp;nbsp; Private transfer fees established prior to that date may be &amp;ldquo;grandfathered&amp;rdquo; if notice is filed in the real property records no later than January 31, 2012, and re&#45;filed every three years.&amp;nbsp; An Association may continue to charge a fee (which may be payable to a management company) relating to updating the Association&amp;rsquo;s records or preparing resale or estoppel certificates. There are several other exceptions, including consideration paid relating to the waiver of a purchase option or right of first refusal affecting the property, among others.
&amp;nbsp;
Development of Land Originally Used as Golf Courses.&amp;nbsp; Section 212.0155 of the Local Government Code provides that before a developer can replat and redevelop open space that was initially used for a golf course or country club within a residential subdivision, the replat must be subject to public notice and a hearing. The applicability of this law has been expanded to certain additional counties based on population.
&amp;nbsp;
Conclusion and Disclaimer
&amp;nbsp;
The 82nd Legislature significantly amended laws relating to HOAs and restrictive covenants.&amp;nbsp; While most HOAs should take certain actions described above, other actions, including amendments to restrictive covenants and bylaws, should be considered on a case by case basis after carefully reviewing the Association&amp;rsquo;s governing documents and the applicability of each statute on the subdivision.&amp;nbsp; This bulletin is intended to provide general information to select audiences and should not be relied on for definitive legal advice.&amp;nbsp; Should you have any questions or need assistance with any of the matters discussed in this bulletin, please do not hesitate to contact the following attorneys:
&amp;nbsp;
Steve Butler
Marcy McKnight Darsey
Alan Haywood
Bill Locke
Rick Triplett
&amp;nbsp;&amp;nbsp; 


[1] For example, see Sections 209.002(9) and 209.003 for the applicability with respect to a particular subdivision of Chapter 209, which is the target of most of the new legislation discussed in this bulletin.
[2] Most of the new laws have at least one exception and the applicability of a particular law should be examined on a case by case basis.&amp;nbsp; Many of the exceptions are for Mixed Use Master Associations, subdivisions with less than 15 lots, and subdivisions in counties or municipalities meeting specific population criteria.&amp;nbsp;
&amp;nbsp;
Notice: We are providing this client&amp;nbsp;bulletin as a commentary on current legal issues, and it should not be considered legal advice, which depends on the facts of each situation. Receipt of this client&amp;nbsp;bulletin does not establish an attorney&#45;client relationship. The listed attorneys and/or other attorneys may provide services in connection with a particular matter.</description>-->
      <dc:subject>Publications, Real Estate</dc:subject>
      <dc:date>2011-08-22T13:53:42+00:00</dc:date>
    </item>

    <item>
      <title>GDHM welcomes Lauren D. Damen to regulatory section</title>
<link>http://www.gdhm.com/index.php/site/news/gdhm_welcomes_lauren_d._damen_to_regulatory_section/</link>
      <guid>http://www.gdhm.com/index.php/site/gdhm_welcomes_lauren_d._damen_to_regulatory_section/#When:21:19:06Z</guid>
      <!--<description>Graves Dougherty is pleased to welcome Lauren Damen to its regulatory law section.&amp;nbsp; Prior to attending law school, Lauren worked for six years at the Public Utility Commission of Texas as a market analyst&amp;nbsp;and ultimately as Director of the&amp;nbsp;Retail Markets Section, Competitive Markets Division.
&amp;nbsp;
Lauren graduated cum laude from Baylor Law School in&amp;nbsp;April, 2011&amp;nbsp;and is not yet licensed to practice in Texas.</description>-->
      <dc:subject>News, Administrative &amp; Regulatory Litigation</dc:subject>
      <dc:date>2011-08-19T21:19:06+00:00</dc:date>
    </item>

    <item>
      <title>Austin Court of Appeals recognizes vested private property rights</title>
<link>http://www.gdhm.com/index.php/site/news/austin_court_of_appeals_recognizes_vested_private_property_rights/</link>
      <guid>http://www.gdhm.com/index.php/site/austin_court_of_appeals_recognizes_vested_private_property_rights/#When:14:01:13Z</guid>
      <!--<description>Today, the Austin Court of Appeals issued an important decision recognizing vested private property rights under Chapter 245 of the Texas Local Government Code. &amp;nbsp;The court reversed a Travis County district court decision that held a landowner could not develop its land as a hotel but was, instead, limited to developing it as an office.&amp;nbsp; The court of appeals reversed that decision and held the landowner is entitled to develop the tract as a hotel, office or any other commercial use consistent with the regulations that were in effect when the project began in 1985.&amp;nbsp; Appellate attorney Mary Keeney briefed and argued the case on behalf of the landowner.</description>-->
      <dc:subject>News, Appellate Law</dc:subject>
      <dc:date>2011-08-18T14:01:13+00:00</dc:date>
    </item>

    <item>
      <title>2011 Engaging Conversations Table Host Line&#45;up is announced</title>
<link>http://www.gdhm.com/index.php/site/news/2011_table_host_line-up_is_announced/</link>
      <guid>http://www.gdhm.com/index.php/site/2011_table_host_line-up_is_announced/#When:20:33:14Z</guid>
      <!--<description>GDHM is&amp;nbsp;excited to announce the 2011 Engaging Conversations&amp;reg; Table Host line&#45;up. This year&#39;s dinner will benefit the Austin Children&#39;s Shelter. Austin Children&#39;s Shelter protects and heals children, young adults and families in need.
&amp;nbsp;
&amp;nbsp;
Elizabeth Avell&amp;aacute;n
Producer of blockbuster movies ranging from Desperado and Dusk Till Dawn to the Sin City and Spy Kids series, including this summer&amp;rsquo;s Spy Kids: All the Time in the World
&amp;nbsp;
Olga Campos
Broadcast journalist; former host of KVUE&amp;rsquo;s Daybreak program; known for her passionate support of and service to many area causes and community organizations
&amp;nbsp;
Aaron Franklin
Pitmaster and owner of Franklin Barbecue, which Bon Appetit this summer named the best barbecue spot in the country
&amp;nbsp;
Dan Garrison
Owner, Garrison Brothers Distillery, in Hye, Texas, just west of Johnson City, producers of home&#45;grown, handcrafted Texas bourbon
&amp;nbsp;
Jamie Grant
Executive director and CEO, Long Center for the Performing Arts; performing arts innovator and leading North American arts administrator
&amp;nbsp;
Michael Hsu
Principal architect, Michael Hsu Office of Architecture; designer of iconic Austin businesses from restaurants to retail centers, and unique Austin residences
&amp;nbsp;
Bruce Knox
Executive vice president, Circuit of the Americas, the multi&#45;purpose motorsports and entertainment facility that will host the Formula 1 United States Grand Prix and MotoGP
&amp;nbsp;

Andy Martinez
President and CEO, Greater Austin Hispanic Chamber of Commerce; former executive with corporations including IBM and NCR; leader of community organizations
&amp;nbsp;
David McWilliams

Executive director, T Association for former Texas student&#45;athletes; Champion University of Texas Longhorn football coach (1987&#45;1991) and player (1961&#45;1963)
&amp;nbsp;
&amp;nbsp;Graydon Parrish
Realist painter combining classical and contemporary realism whose work is found in many private and public collections; adjunct instructor, Grand Central Academy of Art
&amp;nbsp;
Dick and Sara Rathgeber
Longtime generous supporters of numerous community organizations, including the beneficiary of tonight&amp;rsquo;s event, the Austin Children&amp;rsquo;s Shelter
&amp;nbsp;
Marc Seriff
Co&#45;founder, America OnLine; advisory board member, G&#45;51 Capital venture fund and UT College of Natural Sciences; board member, numerous Austin arts organizations
&amp;nbsp;
Carl Shepherd
Chief strategy and development officer, HomeAway, the leading online marketplace of vacation rental homes; former chief operating officer, Hoover&amp;rsquo;s Online
&amp;nbsp;
Greg Soechting
Co&#45;Owner, The Austin Wine Merchant,&amp;nbsp;locally owned,&amp;nbsp;operated&amp;nbsp;and supported for twenty years
&amp;nbsp;
Stewart Vanderwilt
Director and general manager, KUT&#45;FM; instrumental in founding the first radio service in Far West Texas, Marfa Public Radio; director, Public Radio International, Inc.</description>-->
      <dc:subject>News</dc:subject>
      <dc:date>2011-08-10T20:33:14+00:00</dc:date>
    </item>

    <item>
      <title>MALDEF wins judgment in case regarding state&#45;issued identification for legal immigrants</title>
<link>http://www.gdhm.com/index.php/site/news/maldef_wins_judgment_in_case_regarding_state-issued_identification_for/</link>
      <guid>http://www.gdhm.com/index.php/site/maldef_wins_judgment_in_case_regarding_state-issued_identification_for/#When:18:25:09Z</guid>
      <!--<description>As co&#45;counsel with the Mexican American Legal Defense &amp;amp; Education Fund (MALDEF), litigation attorneys&amp;nbsp;Pete Schenkkan, Tom Hudson, and Michelle Alcala&amp;nbsp;yesterday won&amp;nbsp;a Travis County District Court final judgment declaring invalid and enjoining enforcement of Texas Department of Public Safety rules and other directives under which DPS denied some legal immigrants Texas driver&amp;rsquo;s licenses and issued others non&#45;standard licenses that resulted in discrimination.</description>-->
      <dc:subject>News, Administrative &amp; Regulatory Litigation, Appellate Law, Civil Litigation</dc:subject>
      <dc:date>2011-07-28T18:25:09+00:00</dc:date>
    </item>

    <item>
      <title>Major telecommunications carrier wins summary judgment in federal court</title>
<link>http://www.gdhm.com/index.php/site/news/major_telecommunications_carrier_wins_summary_judgment_in_federal_cour/</link>
      <guid>http://www.gdhm.com/index.php/site/major_telecommunications_carrier_wins_summary_judgment_in_federal_cour/#When:20:37:01Z</guid>
      <!--<description>On July 22, a federal district court in Houston granted in pertinent part the summary judgment motion of a major telecommunications carrier in a dispute with a wireless carrier over what kind of traffic the wireless carrier could route over the federal interconnection agreement between the parties as well as what the wireless carrier owed under the agreement.&amp;nbsp; The 69&#45;page summary judgment opinion awards approximately $1.8 million to the major carrier.&amp;nbsp; Mary Keeney&amp;nbsp;argued the case in a 6&#45;hour summary judgment hearing.</description>-->
      <dc:subject>News</dc:subject>
      <dc:date>2011-07-25T20:37:01+00:00</dc:date>
    </item>

    <item>
      <title>GDHM gets dismissal of breach of fiduciary duty case</title>
<link>http://www.gdhm.com/index.php/site/news/gdhm_gets_dismissal_of_breach_of_fiduciary_duty_case/</link>
      <guid>http://www.gdhm.com/index.php/site/gdhm_gets_dismissal_of_breach_of_fiduciary_duty_case/#When:20:10:29Z</guid>
      <!--<description>On July 22, 2011, Federal Judge Mary Lou Robinson dismissed a breach of fiduciary duty case pending in the Northern District of Texas against two GDHM clients.&amp;nbsp; The plaintiff claimed that the defendants, who were directors of a corporation based in Alabama, had breached their fiduciary duties to the corporation and its shareholders.&amp;nbsp; Judge Robinson determined that the plaintiff failed to establish the facts necessary to support personal jurisdiction over either defendant in Texas, and entered an order dismissing the case.&amp;nbsp; GDHM attorneys Rick Yeomans and Meg Rein represented the defendants.&amp;nbsp;</description>-->
      <dc:subject>News, Civil Litigation</dc:subject>
      <dc:date>2011-07-22T20:10:29+00:00</dc:date>
    </item>

    <item>
      <title>GDHM named finalist in Chamber of Commerce Awards</title>
<link>http://www.gdhm.com/index.php/site/news/gdhm_named_finalist_in_chamber_of_commerce_awards/</link>
      <guid>http://www.gdhm.com/index.php/site/gdhm_named_finalist_in_chamber_of_commerce_awards/#When:20:09:54Z</guid>
      <!--<description>Graves Dougherty has been&amp;nbsp;chosen as&amp;nbsp;a finalist in the Austin Chamber of Commerce Business Awards, in the Community Relations category. The Greater Austin Business Awards are the premier business awards in Central Texas, recognizing small, medium and large companies in Bastrop, Caldwell, Hays, Travis and Williamson counties.</description>-->
      <dc:subject>News</dc:subject>
      <dc:date>2011-07-19T20:09:54+00:00</dc:date>
    </item>

    <item>
      <title>GDHM remembers Judge Will Garwood</title>
<link>http://www.gdhm.com/index.php/site/news/gdhm_remembers_judge_william_garwood/</link>
      <guid>http://www.gdhm.com/index.php/site/gdhm_remembers_judge_william_garwood/#When:20:40:36Z</guid>
      <!--<description>It&amp;rsquo;s with a heavy heart that we mourn our good friend and esteemed colleague Judge Will Garwood, who passed away Thursday, July 14, 2011.&amp;nbsp; Judge Garwood joined the firm in 1959 and practiced law here until he was appointed to the Texas Supreme Court in 1979. His dedication to the practice of law in the grand manner was an influential contribution to the foundation of this firm, and his legacy of excellence endures.
&amp;nbsp;
Photo: Judge Garwood (center) at a firm reception in 2006 with (l&#45;r) Bob Hearon, Chrys Dougherty,&amp;nbsp;Terry Bray and John Harmon.</description>-->
      <dc:subject>News</dc:subject>
      <dc:date>2011-07-18T20:40:36+00:00</dc:date>
    </item>

    <item>
      <title>Andy Martinez to share insights on business opportunities with Mexico</title>
<link>http://www.gdhm.com/index.php/site/news/andy_martinez_to_share_insights_on_business_opportunities_with_mexico/</link>
      <guid>http://www.gdhm.com/index.php/site/andy_martinez_to_share_insights_on_business_opportunities_with_mexico/#When:15:48:50Z</guid>
      <!--<description>GDHM&amp;nbsp;will host Andy Martinez, President of the Greater Austin Hispanic Chamber of Commerce (GAHCC), July 19, for a discussion about business opportunities between Austin, Mexico, and the local Hispanic community.
&amp;nbsp;
In May of this year, he organized a conference for various business leaders from Mexico, to showcase Austin&amp;rsquo;s enormous population and business growth, and its unique role as the governmental and educational center of the State.&amp;nbsp;</description>-->
      <dc:subject>News</dc:subject>
      <dc:date>2011-07-12T15:48:50+00:00</dc:date>
    </item>

    <item>
      <title>Texas Supreme Court Gives Employers Greater “Independence” To Enter into Non&#45;Competes</title>
<link>http://www.gdhm.com/index.php/site/news/texas_supreme_court_gives_employers_greater_independence_to_enter_into_non-/</link>
      <guid>http://www.gdhm.com/index.php/site/texas_supreme_court_gives_employers_greater_independence_to_enter_into_non-/#When:20:50:06Z</guid>
      <!--<description></description>-->
      <dc:subject>Publications</dc:subject>
      <dc:date>2011-07-01T20:50:06+00:00</dc:date>
    </item>

    <item>
      <title>Texas Supreme Court Gives Employers Greater Independence To Enter into Non&#45;Competes</title>
<link>http://www.gdhm.com/index.php/site/news/texas_supreme_court_gives_employers_greater_independence_to_enter_into/</link>
      <guid>http://www.gdhm.com/index.php/site/texas_supreme_court_gives_employers_greater_independence_to_enter_into/#When:20:05:49Z</guid>
      <!--<description>A recent Texas Supreme Court decision, Marsh USA Inc., et al. v. Cook, has held for the first time that stock option agreements awarded to key employees can be proper consideration for non&#45;compete agreements.
&amp;nbsp;
In Marsh, Marsh sued Rex Cook, a former key employee, after Cook went to work for a competitor. Two years earlier, Cook had exercised his stock options under an agreement that stipulated that Cook would not work in the same type of business as Marsh&amp;rsquo;s for two years if he left the company.
&amp;nbsp;
The issue before the Texas Supreme Court in Marsh was whether a non&#45;competition agreement signed by a valued employee in exchange for stock options is enforceable.
&amp;nbsp;
According to the Texas Supreme Court, the stock option was reasonably related to the company&amp;rsquo;s interest in protecting its goodwill, a business interest the Texas Non&#45;Compete statute recognizes as worthy of protection, and therefore sufficient to support a non&#45;compete. According to the court, by exercising stock options awarded to only certain valued employees, Cook linked his interests with those of the company&amp;rsquo;s long term business interests. This made the covenant not to compete ancillary to an otherwise enforceable agreement, which the Texas Non&#45;Compete statute requires.
&amp;nbsp;
The Marsh decision substantially changes the Court&amp;rsquo;s long&#45;held view that money or other financial incentives were not proper consideration for non&#45;competes.
&amp;nbsp;
In reaching its decision the Texas Supreme Court cited a recent legal article by GDHM attorney, Eric Behrens entitled, A Trend Toward Enforceability: Covenants Not to Compete in At&#45;Will Employment Relationships Following Sheshunoff and Mann Frankfort, recognizing the Court&amp;rsquo;s trend towards enforceability of non&#45;compete clauses.
&amp;nbsp;
Graves, Dougherty, Hearon and Moody has had the opportunity to play a major role in the Texas Supreme Court&amp;rsquo;s move towards making non&#45;competes more enforceable in Texas.
&amp;nbsp;
GDHM successfully litigated on behalf of the employer in Alex Sheshunoff Management Services v. Johnson where the Texas Supreme Court unanimously ruled that its 1994 decision in Light v. Centel Cellular Company of Texas went too far in restricting the Texas Non&#45;Compete statute.
&amp;nbsp;
In Sheshunoff, the Texas Supreme Court ruled that an employer only needs to give confidential information or training to an employee within &amp;ldquo;reasonable&amp;rdquo; time after the employee signs the non&#45;compete. Once the employer does so, the non&#45;compete becomes enforceable.
&amp;nbsp;
The Marsh Court continues the trend towards greater enforceability of non&#45;competes and focusing on the reasonableness of the non&#45;compete.
&amp;nbsp;
As a result of the Marsh and Sheshunoff decisions, employers will now be more readily able to protect confidential information and goodwill through enforcement of non&#45;compete covenants. This is something to celebrate!
&amp;nbsp;
On behalf of the GDHM employment law section, have a safe and happy 4th of July!
&amp;nbsp;
For more information regarding the use of non&#45;competes by employers or any other employment law related questions, please contact the head of GDHM&amp;rsquo;s Employment Law&amp;nbsp;group, Susan Burton,&amp;nbsp;512.480.5738.
&amp;nbsp;
Notice: We are providing this client alert as a commentary on current legal issues, and it should not be considered legal advice, which depends on the facts of each situation. Receipt of this client alert does not establish an attorney&#45;client relationship. The listed attorneys and/or other attorneys may provide services in connection with a particular matter.</description>-->
      <dc:subject>News, Client Alerts, Publications, Employment Law</dc:subject>
      <dc:date>2011-07-01T20:05:49+00:00</dc:date>
    </item>

    <item>
      <title>Bob Hearon represents AEP in favorable Texas Supreme Court reversal</title>
<link>http://www.gdhm.com/index.php/site/news/bob_hearon_represents_aep_in_favorable_texas_supreme_court_reversal/</link>
      <guid>http://www.gdhm.com/index.php/site/bob_hearon_represents_aep_in_favorable_texas_supreme_court_reversal/#When:20:00:27Z</guid>
      <!--<description>Along with attorneys from Duggins, Wren, Mann and Romero, GDHM Litigation attorney&amp;nbsp;Bob Hearon&amp;nbsp;represented American Electric Power in its appeal of the stranded cost true&#45;up order from the Public Utility Commission.&amp;nbsp; On July 1, 2011, the Texas Supreme Court reversed the Commission&amp;rsquo;s order to the extent it disallowed $420 million of American Electric Power&amp;rsquo;s capacity auction true&#45;up recovery. The Supreme Court also rejected consumer groups&amp;rsquo; efforts to disallow other parts of American Electric Power&amp;rsquo;s stranded cost recovery.</description>-->
      <dc:subject>News, Representative Matters, Appellate Law, Civil Litigation</dc:subject>
      <dc:date>2011-07-01T20:00:27+00:00</dc:date>
    </item>

    <item>
      <title>GDHM Client Wins Take&#45;Nothing Judgment in United States Fifth Circuit Court of Appeals</title>
<link>http://www.gdhm.com/index.php/site/news/gdhm_client_wins_take-nothing_judgment_in_united_states_fifth_circuit_/</link>
      <guid>http://www.gdhm.com/index.php/site/gdhm_client_wins_take-nothing_judgment_in_united_states_fifth_circuit_/#When:17:51:42Z</guid>
      <!--<description>On Thursday, June 30, 2011, GDHM client Quicksilver Jet Sales, Inc. won reversal of a $7.25 million judgment on a jury verdict in a breach of contract dispute.&amp;nbsp; The United States Fifth Circuit Court of Appeals agreed with GDHM&amp;rsquo;s argument that&amp;nbsp;there was no legally sufficient evidentiary basis for the verdict and directed the trial court to enter a take&#45;nothing judgment in favor of Quicksilver.&amp;nbsp; The court also affirmed a partial summary judgment in favor of the other defendants in the case that had been granted prior to trial.&amp;nbsp; Working on the appeal were Mike McKetta, Matt Powers, Bill Christian, and other members of the GDHM Litigation team.</description>-->
      <dc:subject>News, Representative Matters, Appellate Law, Civil Litigation</dc:subject>
      <dc:date>2011-07-01T17:51:42+00:00</dc:date>
    </item>

    <item>
      <title>GDHM and clients work in tandem to accomplish goals</title>
<link>http://www.gdhm.com/index.php/site/news/gdhm_and_clients_work_in_tandem_to_accomplish_goals/</link>
      <guid>http://www.gdhm.com/index.php/site/gdhm_and_clients_work_in_tandem_to_accomplish_goals/#When:18:31:30Z</guid>
      <!--<description>Read about a few of our clients and&amp;nbsp;how they partnered with GDHM to accomplish their goals.Download the 2010 Year In Review:&amp;nbsp;In Tandem
(PDF, 4.84 MB)</description>-->
      <dc:subject>News, Publications</dc:subject>
      <dc:date>2011-06-27T18:31:30+00:00</dc:date>
    </item>

    <item>
      <title>Employees contribute to help elderly neighbors keep cool this summer</title>
<link>http://www.gdhm.com/index.php/site/news/employees_contribute_to_help_elderly_neighbors_keep_cool_this_summer/</link>
      <guid>http://www.gdhm.com/index.php/site/employees_contribute_to_help_elderly_neighbors_keep_cool_this_summer/#When:15:45:14Z</guid>
      <!--<description>GDHM was&amp;nbsp;pleased to participate in the Family Eldercare Fan Drive.&amp;nbsp; At least one hundred and twenty&#45;two people will know a little relief from the heat this summer due to&amp;nbsp;employee donations.
&amp;nbsp;
The firm has a long history of supporting Family Eldercare, and has been involved in the Summer Fan Drive for almost ten years. GDHM Estate Planning attorney, Pat Campbell,&amp;nbsp;has served on the board since 2008, and in 2009, the firm&#39;s annual Engaging Conversations dinner raised more than $44,000 for the organization.
&amp;nbsp;
GDHM is proud to be a small part of making life a little more comfortable for elders and adults with disabilities in our community.</description>-->
      <dc:subject>News, Estate Planning, Tax &amp; Probate</dc:subject>
      <dc:date>2011-06-27T15:45:14+00:00</dc:date>
    </item>

    <item>
      <title>Eric Behrens&#8217; article on Covenants Not to Compete cited in Texas Supreme Court case</title>
<link>http://www.gdhm.com/index.php/site/news/eric_behrens_article_on_covenants_not_to_compete_cited_in_texas_suprem/</link>
      <guid>http://www.gdhm.com/index.php/site/eric_behrens_article_on_covenants_not_to_compete_cited_in_texas_suprem/#When:15:05:01Z</guid>
      <!--<description>Litigation attorney Eric Behrens&#39; article A Trend Toward Enforceability: Covenants Not to Compete in At&#45;Will Employment Relationships Following Sheshunoff and Mann Frankfort, 73 Tex. B.J. 732, 738 (Oct. 2010) was cited today in&amp;nbsp;Texas Supreme Court case MARSH USA INC. AND MARSH &amp;amp; MCLENNAN COMPANIES, INC. v. REX COOK,&amp;nbsp;stating that the Court&amp;rsquo;s interpretations of section 15.50(a) &amp;ldquo;show a trend toward enforceability of non&#45;compete clauses that is true to the legislative intent behind the Covenants Not to Compete Act and the 1993 amendments&amp;rdquo;.
&amp;nbsp;

MARSH USA INC. AND MARSH &amp;amp; MCLENNAN COMPANIES, INC. v. REX COOK; from Dallas County; 5th district (05&#45;08&#45;00685&#45;CV, 287 SW3d 378, 05&#45;26&#45;09)
NO. 09&#45;0558
The Court reverses the court of appeals&#39; judgment and remands the case to the trial court. Justice Wainwright delivered the opinion of the Court, in which Justice Hecht, Justice Medina, Justice Johnson, and Justice Guzman joined. [pdf] Justice Willett delivered an opinion concurring in the judgment. [pdf] Justice Green delivered a dissenting opinion, in which Chief Justice Jefferson and Justice Lehrmann joined. [pdf] View Electronic Briefs | Listen to Oral Argument [38.8 mb mp3] | Watch Oral Argument Video</description>-->
      <dc:subject>News, Civil Litigation</dc:subject>
      <dc:date>2011-06-24T15:05:01+00:00</dc:date>
    </item>

    <item>
      <title>Texas Supreme Court agrees to review case involving workers’ compensation for temporary workers</title>
<link>http://www.gdhm.com/index.php/site/news/texas_supreme_court_agrees_to_review_case_involving_workers_compensati/</link>
      <guid>http://www.gdhm.com/index.php/site/texas_supreme_court_agrees_to_review_case_involving_workers_compensati/#When:13:20:34Z</guid>
      <!--<description>June 10, the Texas Supreme Court agreed to review a case that involves workers&amp;rsquo; compensation insurance for temporary workers. GDHM Appellate lawyers Mary Keeney and Pete Schenkkan filed the petition on behalf of employer Port Elevator&#45;Brownsville, L.L.C.&amp;nbsp; Oral argument will be set later.
&amp;nbsp;
In April 2010, Pete Schenkkan argued another significant case involving workers&amp;rsquo; compensation insurance, Texas Mutual Insurance Company v. Ruttiger.&amp;nbsp; That case remains pending before the Supreme Court.</description>-->
      <dc:subject>News, Representative Matters, Appellate Law</dc:subject>
      <dc:date>2011-06-13T13:20:34+00:00</dc:date>
    </item>

    <item>
      <title>Amarillo Court of Appeals affirms trial court’s denial of a request for class certification</title>
<link>http://www.gdhm.com/index.php/site/news/amarillo_court_of_appeals_affirms_trial_courts_denial_of_a_request_for/</link>
      <guid>http://www.gdhm.com/index.php/site/amarillo_court_of_appeals_affirms_trial_courts_denial_of_a_request_for/#When:13:01:15Z</guid>
      <!--<description>On May 27, 2011, the Amarillo Court of Appeals affirmed the trial court&amp;rsquo;s denial of a request for class certification in a purported takings claim against the State of Texas.&amp;nbsp; The plaintiffs in the case claim a taking of land that surveys filed with the State show is in the bed of the Canadian River.&amp;nbsp;GDHM Appellate attorney&amp;nbsp;Mary Keeney argued the case on behalf of the State of Texas.</description>-->
      <dc:subject>News, Representative Matters, Appellate Law</dc:subject>
      <dc:date>2011-05-27T13:01:15+00:00</dc:date>
    </item>

    <item>
      <title>Graves Dougherty Case Recognized Among 2010’s Top Verdicts</title>
<link>http://www.gdhm.com/index.php/site/news/graves_dougherty_case_recognized_among_2010s_top_verdicts/</link>
      <guid>http://www.gdhm.com/index.php/site/graves_dougherty_case_recognized_among_2010s_top_verdicts/#When:21:15:21Z</guid>
      <!--<description>Graves Dougherty client Texas Disposal Systems Landfill, Inc. received a jury verdict and judgment in its suit against Waste Management of Texas, Inc. in November, 2010.&amp;nbsp; Texas Lawyer recognized the verdict as the state&amp;rsquo;s largest intentional torts verdict in 2010, and among the top 20 verdicts of all types statewide for the year.
&amp;nbsp;
Texas Disposal Systems Landfill is represented by Graves Dougherty litigation lawyers Mike McKetta and Jim Hemphill.</description>-->
      <dc:subject>News, Civil Litigation</dc:subject>
      <dc:date>2011-05-24T21:15:21+00:00</dc:date>
    </item>

    
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