Fall 2015 Newsletter

ACC Annual Meeting - Boston 2015
DFW Board Members take a quick picture 'where everyone knows your name'. 
In this Issue:

Chapter News:
  • President's Message
  • Meet Our Newest Board Members
Sponsor Articles:
  • Recent Securities Law Reforms are Changing from No to Yes
    Jackson Walker LLP
  • Managing Risk in 140 Characters or Less: #BrandsOnTwitter
    Thompson & Knight LLP
  • The "Doers" Perspective: Fully Deploy the Integrative Law Model
    Counsel on Call
  • When Form Agreements Become Not So Simple: An Update on New Agency Scrutiny of Common Release Provisions 
    Littler Mendelson PC
  • Reading Cases - The Key to Becoming a More Effective Contract Draftsperson
    Weil, Gotshal & Manges LLP
  • Cybersecurity and Texas's Unauthorized Use of Identifying Information Act
    Sidley Austin LLP
Committee Spotlight - Pro Bono 

Member Information
  • Welcome New Members
  • Texas Lawbooks Special Subscription Offer
  • Free CLE Luncheon Offer
Upcoming Events: Mark Your Calendars!
  • Pro Bono Happy Hour - Thursday, Nov. 12
  • CLE Luncheon at III Forks - Thursday, Nov. 19
  • Holiday Party at Braindead Brewing - Thursday, Dec. 10

President's Message
by Todd Bowers
President 2015-2016
Wow, what a year!  It's hard to believe that we are fast approaching the end of 2015 and looking forward to 2016.  

Welcome to our 2015 4th Quarter Newsletter.  As the new chapter president, I couldn't be more proud of what ACC-DFW has accomplished this year or excited about what we have in store for 2016.  Just a few highlights:

WE ARE GROWING. In 2015, we blew past 800 members and are now firmly within the "Large Chapter" category established by the ACC.  Our new members continue to contribute new ideas and fresh perspectives to our chapter.  If you are a new member, we welcome you and hope you will participate to make our chapter better.  Our size gives us the opportunity to provide a more diverse range of resources to our members.  Which leads me to...

WE ARE EXPANDING.  As Kelly Turner, immediate past president, mentioned in her message at this time last year, in 2015, we added a number of new initiatives this year focused on service opportunities, career development and diversity & inclusion in addition to our strong CLE and networking events.  Which reminds me- check out the great events we have coming up between now and the end of the year.  I hope you are able to make it to one or all of them.

WE ARE EXTENDING OUR PARTNERSHIPS.  In addition to the new members, we brought on board three brand new sponsors this year and expanded our opportunities to allow for more attention to areas that you all have told us you care about. As we collaborate with more than 20 sponsors, we are so grateful for their continued support and enthusiasm that allows us to provide education, networking and professional development at the highest level. We've included a number of thought-provoking articles below that were authored by just a few of our sponsors.  Feel free to follow up with them directly if you have any questions. 

All of this means that we have great things in store for 2016.  Mark your calendars for the premier events we mention below and keep an eye out for invitations to all the other great events we have planned for the year.  

Finally, thank you for your membership in ACC-DFW. We realize that we must continually work to be a meaningful and worthwhile investment of your time and money. Our board is committed to providing the right balance of programming and networking to encourage you to participate and stay connected. Please contact me or any of our board members if you have suggestions, want to join a committee or want to participate in any other way.  We welcome your feedback!

I look forward to seeing you all in the coming year.

Best regards,

Meet our newest ACC-DFW board members: 
Lauren Medoff
Senior Counsel
AdvoCare International, LP  
Lauren is from South Florida and received her bachelors at the University of Florida followed by a JD at the University of Miami and an LLM in food and agricultural law from the University of Arkansas. She started with AdvoCare International, LP in April 2012 and considers this her "dream job" with the opportunity to utilize her food law background and advise the company's dietary supplement and food products and their direct selling business in general. Her passions are good food, college football (Go Gators!), family and traveling.

Michael Todd
General Counsel and Secretary
Zoes Kitchen, Inc. 
Michael has served as General Counsel and Secretary of Zoes Kitchen, Inc. (NYSE:  ZOES) since August 2014. From May 2011 to July 2014, Mr. Todd served in various capacities including as Executive Vice President and General Counsel of UnitedLex Corporation from May 2011 to October 2012. From June 2003 to May 2011, Mr. Todd worked at American Tower Corporation as a Vice President-Corporate Counsel from 2003 to 2006 and as a Senior Vice President-Corporate Counsel and Assistant Secretary from 2007 to 2011. From 2008 to 2014, he also served as an Adjunct Professor teaching Securities Regulation at Campbell Law School.  Prior to 2003, Mr. Todd served as a Partner in the corporate group of Am Law 200 firm and as Senior Counsel at SEC. Mr. Todd received his J.D. from the University of Miami School of Law in 1991, and his B.A. from Brown University in 1987.

Upcoming Events

Pro Bono Happy Hour

Thursday, Nov. 12 
Click here to register

Come learn how to make a
difference in a child's life at our Pro Bono Happy our on November 12.  Following a happy hour reception, Dallas CASA will offer an informative presentation about ways we as lawyers can help ensure that abused children get the protection they need, including how to become a pro bono court appointed special advocate for children removed from their homes. 

Ethics CLE Lunch at III Forks 
Thursday, Nov. 19

Current Ethical Issues for General Counsel 
Don't miss this interactive CLE presentation that will incude audience response so that participants can vote on the answers to ethics questions imbedded in various fact situations. 

Annual Holiday Party  
Thursday, Dec. 10
Registration opens next week.


Save the Date!

Annual CLO Forum
Thursday, Feb. 25
Bush Institute

Annual Casino Party
with Baker & McKenzie
Saturday, April 9

In-House Symposium
Thursday, May 5
Westin Galleria

Annual Meeting with Golf/Spa
Friday, Sept. 16
Four Seasons Resort

For details and registration to all events:

Member Information 

864! The board is happy to report the largest membership in the history of the Dallas-Fort Worth chapter at 864. 

All members - please use this "Thanks!" coupon and receive one free CLE luncheon. 

WELCOME to the 79 new members from the 3rd and 4th quarters. Please   click here for the full list of names.


Membership Survey:
Document Management Systems
Click here

Event Highlight - Annual Meeting & Golf/Spa 2015

It was standing room only at our Annual Meeting and Golf/Spa event on September 18 once again at the Four Seasons Resort and Spa in Las Colinas. We set an attendance record of approximately 215 with participants earning 2 hours of Ethics CLE in the morning sessions thanks to our event sponsors  Baker & McKenzie LLP and
Counsel on Call.

After an afternoon spend in the spa, on the golf course or in the Internet Cafe, sponsors and members enjoyed live jazz music, food and the raffle prize announcements.
Membership Survey: Document Management Systems

Sponsor Articles:
Thank you to our Sponsors for submitting the following relevant and useful information to the In-House Counsel community.
The "Doers" Perspective: Fully Deploy the Integrative Law Model

By Jane H. Allen 
Founder | Counsel On Call

Change requires "doers."
I've been fortunate to work with some of the brightest minds in the legal industry-attorneys who have a real sense of where we are as a profession and where we need to go. However, in meeting regularly with these innovators, the most common question I'm asked after brainstorming ideas is, "How do we actually do this?"
The fact is that very few people take the initiative to actually do something about chronic problems in our industry. But I call those in that minority the "doers."
The doers have determined the issue to be this: Times have changed and the legal model needs to be reshaped to appropriately address today's challenges, which are just as much about business issues as they are legal matters.

Read Full Article
Cybersecurity and Texas's Unauthorized Use of Identifying Information Act
By Mark A. Dodd
Partner | Sidley Austin LLP

Texas, like a vast majority of states, has enacted legislation regarding the unauthorized use of personal identifying information (the "Act"). See Tex. Bus. & Com. Code Ann. ยง 11.521 (West 2015). This paper first explores the Act and then provides some guidance as to how a business should implement a cybersecurity plan.
  • Business Duty to Protect Sensitive Personal Information
  • Notification Required Following a Breach of Security
  • Implementing a Cybersecurity Plan
Read Full Article
Reading Cases - The Key to Becoming a More Effective Contract Draftsperson
By Glenn West
Partner | Weil Gotshal & Manges LLP

It is often said that the courts' role in interpreting contracts is to discern the intent of the contracting parties.  In discerning that intent, however, courts are principally concerned only with the parties' objective intent as manifested by the words that were actually used in the written agreement.  And when a particular word or provision has been interpreted by a court as manifesting a specific intent, that word or provision needs to be thereafter understood in light of that court's decision, particularly in that court's jurisdiction.  

Read Full Article
Managing Risk in 140 Characters or Less: #BrandsOnTwitter

By Deborah L. Lively
Partner | Thompson & Knight LLP
By Nicole Williams
Partner | Thompson & Knight LLP

For years, companies have engaged in different modes of advertising as a means to promote their products and services.  The Internet and the steady growth of social media have increased the potential liability a company can face through its online advertising and created confusion as to when there is potential liability.  One of the more difficult media to which to apply traditional advertising rules is Twitter.  Questions for companies include how best to engage in advertising on Twitter, and also whether and how to monitor actions taken by third parties on Twitter that endorse the company's products or services or impact the company's intellectual property.  

  Read Full Article
When Form Agreements Become Not So Simple: An Update on New Agency Scrutiny of Common Release Provisions

By Aundrea Gamble Holt
Littler Mendelson PC

Most employers are aware of the increasing federal government scrutiny of handbook and policy provisions pertaining to confidentiality, non-disparagement, and cooperation.  From whistleblowing to agency cooperation to employees' discussion of their pay, numerous federal agencies are taking a closer look at facially neutral employer policies that they contend have a chilling effect on employees' statutorily protected rights. 
This emerging agency scrutiny does not stop at company handbooks and policies, however.  Some federal agencies are beginning to focus on common release provisions that often find their way into employers' standard forms.  This article examines this recent agency scrutiny and concludes with considerations for drafting severance and settlement agreements.     

Read Full Article
Recent Securities Law Reforms Are Changing No to Yes

By Mike Laussade
Partner | Jackson Walker LLP

As a securities lawyer, I have to say "No." A lot. Every week, a partner or client calls with a transaction that makes perfect business sense, wanting to know if it passes muster under the securities laws. More often than not, I've had to deliver bad news:
"But we've been structuring transactions like this for years." No.
"I know dozens of deals getting done this way." NO.
"But it's such a small deal. The requirement can't apply to this." NO. NO. NEVER. NO. STOP IT. PUT THAT DOWN. NO .
I am the Idea Killer. The Deal Slayer. Johnny No-Fun. Grown women and men give me the same look I get from my kids when I say that it's time to get out of the pool. But it's not me that's shutting down the party. It's the SEC (or, depending on the complainant in question, the Texas State Securities Board, or the tornado sirens).
Luckily, the SEC and the TSSB, and even congress, have taken steps in the last few years to reduce the number of days I have to ruin by providing some common-sense exceptions to one of the more maddening registration requirements under state and federal securities laws. 

Read Full Article
      Congratulations!  Board members Scott
      Young and  Kenny Johnson congratulate
      Samantha  Johnson, one of the 2015
      Margolies award winners.
Pro Bono Spotlight

The Chapter recently recognized the Margolies summer intern recipients at the Golf Spa event in September.  The winners were Samantha Johnson, SMU Dedman School of Law and Jessica Lesnau, Texas A&M University School of Law.
For those who may not know, the Margolies summer internships were established 10 years ago to provide funding to law students interested in pursuing summer internships at designated pro bono organizations in the DFW area.  To increase the amount and funding for these internships, the Chapter also recently set up a separate, non-profit fundraising organization: DFW-ACC Pro Bono.  In this regard, the $1940 raised through raffle tickets purchased at the Golf Spa event will be deposited into the ACC-DFW Pro Bono account. 
For the 2015-2016 planning year, Chapter Leadership is focusing on further promoting this new entity as a way to fundraise from our law firm sponsors, corporate members, individual members, and the community.  Discussions are also underway to restructure the Margolies internships to make them more competitive with other summer stipends given to law students, and to provide students with practical guidance and advice on leadership and other skills critical to the legal profession.    

Contact Scott Young, Pro Bono Chair or Kenny Johnson, DFW-ACC Pro Bono Chair
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