2018 Fall Newsletter




I n this Issue:

Chapter News:
  • President's Message
  • Board of Directors Update
    • 2018-19 Board of Directors
    • New Board Member Profiles
    • Committee Opportunities 
Sponsor Articles:
2019 Sponsors

DIAMOND
Baker & McKenzie

PLATINUM
DLA Piper
Legility
(formerly Counsel On Call)

GOLD
Barnes & Thornburg
Gibson Dunn
Haynes and Boone
Kilpatrick Townsend
Locke Lord
Phelps Dunbar
Thompson & Knight
Weil
Winston & Strawn

SILVER
Bracewell
Baker Botts
Greenberg Traurig
Lewis Brisbois
Littler Mendelson
Vinson & Elkins
Wick Phillips

BRONZE
Beacon Hill Legal
Hunton Andrews Kurth
Perkins Coie
Sidley Austin

SOCIAL
Corporation Service Co.
Husch Blackwell
PwC





  • A New Era in the Fifth Circuit For Multi-Employer Worksites  provided by Baker & McKenzie LLP
  • Lessons from FTC's Loss in and Subsequent Abandonment of, DirecTV Advertising Case provided by Gibson, Dunn Crutcher LLP
     
  • The Agile Legal Department: Agile Methodologies Can Transform Your Legal Teams and Legal Organization provided by Legality (formally Counsel On Call)
     
  • Infringement and Extraterritoriality: SCOTUS Decision in WesternGeco Captures Foreign Damages provided by Norton Rose Fulbright LLP
  • Digital Marketing Law 101: Six Strategies You Need to Know
    provided by Thompson & Knight LLP
Spotlight: Pro Bono Fair  by The Texas Lawbook

Upcoming Events: Mark Your Calendars!
  • CLE Opportunities
    • U.S. Supreme Court Update - Tuesday, Dec. 4 at Chamberlain's Steak House
  • Social events:
    • Start the Holiday Season with Us!
      Annual Holiday Party - Thursday, November 29 (5:30-9:30 pm)
      Table 13 - Food, Drinks & Live Music 
  • Key Dates for 2019
    • OutstandingCorporate Counsel Awards -
      Thursday, Jan. 24 at the Bush Institute
    • CLO Forum - Wednesday, March 27 at The Star
      (including private tours of the facility)
    • Annual In-House Symposium - Friday, April 26 at the Westin Galleria
    • Chapter Annual Meeting, Ethics CLE & Golf/Spa  - Thursday, Sept. 26
  • CLE Pass 2019 Now Available

President's Message
by Scott Young President 2018-2019
Dear ACC DFW Members & Colleagues,

I am honored to serve you as President this upcoming year and look forward to continuing the tradition of excellence that my predecessors have established here at ACC DFW.  As we look to 2019, it is clear that even greater opportunities await us.  Not only will your ACC DFW Chapter continue offering excellent and engaging CLEs, networking opportunities, social outings, and pro bono and community service opportunities, but we are committed to augmenting that with opportunities for more people to get involved in planning program content, forging relationships, and reaching out to the community.  Committees run each of our chapter's events that you enjoy.  While ACC DFW officers and board members lead those committees, the committees really thrive on the robust involvement of our membership.  When you get involved with chapter activities, you can choose the area and level of your commitment that match your interests and availability.  

Committees with which you can choose to participate include Diversity and Inclusion, Pro Bono, Women's Leadership Initiatives, Membership, Professional Development, Community Service, Annual Meeting, and Symposium.  I would like to encourage everyone who would like to be more actively involved in our chapter to reach out to me, the board members who chair or sit on the committee(s) on which you'd like to serve (see website for more information), or Susan Harvey, our Executive Director.  I'm confident that as you do so, you will develop new friendships, gain practical knowledge and experience, and discover even greater value in your ACC membership.
 
Once again, thank you for your membership in the ACC DFW Chapter.  I look forward to seeing each of you in the coming year.
 
Warm regards,

Scott
 

Newly Elected 2018-19 Board of Directors*

Officers 
President
Scott A. Young
Toyota Motor North America
Secretary
Lauren Medoff
Advocate International, LP
1st Vice President
Derek Lipscomb
Toyota Motor North America
Treasurer
Michelle Peak
American Airlines, Inc.
2nd Vice President
Kelly Turner
Goldman Sachs & Co.
Immediate Past President
David Kilpatrick
Environx Solutions

Board of Directors
David Gonzales
Supermercado El Rancho


Navin Rao

The Michaels Store, Inc.
Peggy Heller
American Heart Association
Terri Reynolds
Lightstone Group
Debera Hepburn
Goldman Sachs & Co.
Rudy Rodriguez
CEC Entertainment, Inc.
Arash Mostafavipour
Capital One
Director Emeritus
Todd Bowers, Lockheed Martin Corp.
Tara Weilbacher, Bank of America

Meet Our Newest Board Members


DANA MICHAEL COLLINS
Senior Counsel
GKN Aerospace

Dana is the Senior Counsel for GKN Aerospace - Aerostructures North America. Dana oversees the legal team supporting Aerospace and Aerostructures in North America with 27 manufacturing sites across the United States, Mexico, and Canada. These sites produce world-leading aerostructures, engine systems, and special technologies for some of the world's most advanced civil and military aircraft platforms. Prior to joining GKN, Dana was an Associate General Counsel and F-35 Program Counsel for Lockheed Martin Aeronautics. Dana has also worked as an Associate at the law firm Odin, Feldman & Pittleman and served 10 years in the U.S. Army as a Judge Advocate and Military Intelligence Officer.
 
Dana received his J.D. and MBA from The University of Texas at Austin, and a B.A. in Political Science from the University of Notre Dame. He is a member of the Texas and Virginia Bar Associations. Dana lives in Irving with his wife, Laura (who is the Deputy Director, Economic Growth at the George W. Bush Institute), and their two children, and enjoys playing softball and volunteering at Texas Lawyers for Texas Veterans legal clinics.


APRIL A. DALE GOFF
Senior Counsel
J.C. Penney Corporation, Inc.

April is Senior Counsel, Benefits and Data Privacy at J. C. Penney Corporation, Inc. which has approximately 100,000 employees in more than 860 stores in 49 states and Puerto Rico, and buying and quality assurance offices in nine foreign countries.  April regularly provides strategic legal advice to J. C. Penney's executive leadership team in areas broadly ranging from tax, employee benefits, cybersecurity, international issues, and labor and employment. She also serves as the sole legal counsel to the company's $3.5B pension plan and $2.5B 401(k) plans.
 
April graduated Salutatorian from St. Thomas University School of Law in 2003 after receiving an M.B.A. in Global Business from Baylor University in 2000, and finishing her B.B.A. in 1998 at age eighteen from Tarleton State University. Prior to moving in-house, she practiced employee benefits, executive compensation, cybersecurity and data privacy at large multinational firms including Holland & Knight LLP, Dentons, and Seyfarth Shaw LLP. April also currently serves as the national Vice Chair of the ACC Labor and Employment Network and was recently appointed by the Commissioner of the Internal Revenue Service to serve on the Advisory Committee on Tax Exempt and Governmental Entities/Internal Revenue Service Advisory Council. She also serves in leadership positions within the American Bar Association and is a frequent public speaker.  April lives in Dallas, Texas with her husband and their four young boys.  She is a renown cook, amateur photographer, and aficionado of small-batch bourbon, baseball, live music, and world travel.


*The election was held at the Annual Chapter Meeting, Ethics CLE and Golf/Spa Event on September 21, 2018.   



ACC Annual Meeting - Austin 2018

The Annual Meeting is a great opportunity for excellent hours of CLE and great networking with in-house counsel from all over the world. Several board members pose for a quick picture. The cowboy hats let you know you are in Austin!
Event Highlight
Annual Holiday Party This Thursday!
our Generous Sponsor

Thursday, Nov. 29
5:00-9:00 pm
at  Table  13

Bring a guest - Come & Go - Live Music - Raffle Prizes

Click Here to Register - It's Not Too Late

For details and registration to all events:



___________________

Join Us for our Last CLE of 2018!

U.S. Supreme Court Update:
Overview of 2017-2018 Supreme Court Term

Review of Major Decisions Preview of What's To Come

Tuesday, December 4
at Chamberlain's Steak House

generously sponsored by:

2019 CLE PASS
SIGN UP & SAVE 50%

Purchase the 2019 CLE PASS
and enjoy 10 CLE Lunches and 2 Happy Hour/CLE events for only $100.


Click Here for more than 50% Savings!



How the pass works...
You will receive a unique discount code that allows you to bypass the event fee when registering for each  CLE included in this offer*. This pass is non-transferable and only valid for one person per event.

(*Pass does include CLO Forum, Symposium and Annual Meeting, Ethics CLE & Golf/Spa events)


Spotlight: Pro Bono Fair
reprinted with permission

By Mark Curriden
ACC-DFW to Texas Law Firms: Join Us doing Pro Bono
 
Earlier this year, the nearly 1,000 members of the DFW Chapter of the Association of Corporate Counsel were asked to identify interesting venues where they would like to have upcoming receptions and programs. The majority said they wanted to see Toyota Motor Company's new state-of-the-art headquarters in Plano.

ACC-DFW leaders combined the curiosity about Toyota's HQ with one of the organization's priorities: pro bono.
More than 100 lawyers from corporate in-house legal departments across Dallas-Fort Worth gathered Tuesday evening, October 18, at the sprawling Toyota campus to enjoy fellowship, drinks and food, and to participate in ACC-DFW's second annual Pro Bono Fair and to learn about pro bono opportunities.

For more than two hours, lawyers with a few dozen companies in North Texas - including Bank of America, Capital One, Federal Express, Fogo de Chao, Hewlett Packard, JC Penny, LSG Sky Chefs and Michaels Stores - met with representatives from a dozen non-profit organizations who need legal help.

"ACC members have a great desire to be part of the community and to give back to the community through public service and pro bono," says Toyota Managing Counsel Scott Young, who is the president of ACC-DFW. "The key to successful engagement in pro bono is to offer opportunities that match the interests or concerns of the in-house lawyers."
As corporate in-house lawyers enjoyed food and drinks, they visited booths set up by 11 agencies, including Human Rights Initiative, Dallas CASA and the Veterans Legal Clinic. (A full list of the organizations is below.)

Young says that lawyers in corporate legal departments face different challenges in doing pro bono than attorneys at law firms and the Pro Bono Fair, which is sponsored by Norton Rose Fulbright, is designed to help address the issues.

"Some in-hou se counsel are able to do a limited amount of pro bono each month, but are not able to tackle a long, time-consuming case," Young says. "Other in-house counsel moved to Texas with their companies from another state and are not licensed to practice law in Texas. So, they need to team up with local lawyers on a project."

Young and others say that the ACC-DFW Pro Bono Fair allows in-house counsel to learn about opportunitie
s that  are within the lawyer's limitations or abilities.

But the ACC's inter est in d oing pro bono can have an additional benefit for the non-profit organizations: attract more outside lawyers to volunteer to  do more work.

"Nothing gets the attention of a  lawyer at a law firm more than telling them they will get to work side-by-side on a pro bono project with a lawyer from Toyota or another company," Young says. "It is a great motivating factor becau se we know outside lawyers will be more likely to take on a case if they know that they get to spend time with an ACC member."

Norton Rose Fulbright partner Jarrett Reed says the involvement of ACC-DFW is extremely helpful in raising awareness of the legal needs of local charities.

"Corporate legal departments like Toyota are making pro bono a much bigger priority," says Reed, who specializes in real estate law. "We are proud to partner with ACC on the Pro Bono Fair and we believe it makes a real difference."

The 11 agencies that participated in the ACC-DFW Pro Bono Fair were:
* Mosaic Services, which is a safe haven for survivors of human rights abuses;
* Human Rights Initiative, which assists survivors of violence from all over the world;
* Dallas CASA, w
hich stands for Court Appointed Special Advocates and works with child in custody and parental termination cases;
* Veterans Legal Clinic, which strives to make a difference in the lives of veterans;
* Housing Crisis Center, which aims to make the community a better home for everyone;
* Texas Lawyers for Texas Veterans and Tarrant Volunteer Attorney Services, which connects Texas attorneys with those who can not afford representation;
* Dallas Volunteer Attorney Program (DVAP), which provides free civil legal help to low-income people in the Dallas area;
* RAICES, which stands for Refuge and Immigrant Center for Education and Legal Services, and is helping with asylum and other immigration-related legal matters;
* Disability Rights Texas, which works for the protection and advocacy of people with disabilities in Texas;
* Justice For Our Neighbors - DFW; and
* Texas Civil Rights Project.

__________
 
Please feel free to reach out to me anytime with story ideas, news tips, success stories or even suggestions on how we can provide you with better service. My email is mark.curriden@texaslawbook.net and my cell phone is 214-232-6783. 

I look forward to this continued partnership,
Mark
Ludovica Pizzichelli from the SMU Dedman School of Law used her Marolies Scholarship to work with Human Rights Initiative.
Spotlight:
2018 Larry Margolies Fellowship Program Scholarship Recipients

Like many ACC chapters, giving back is an important aspect of the annual programming. The Larry Margolies Fellowship Program, named after a former board member who was active in Pro Bono efforts, is an integral part of the DFW Chapter's Pro Bono vision to enhance a culture of providing Pro Bono legal help at the student level through summer internships.
 
Each September, the DFW Chapter recognizes the two scholarship recipients of the Fellowship Program at the evening reception at our Annual Chapter Meeting, Ethics CLE and Golf/Spa event. This year's winners are examples of two students with a passion to care for others. SMU Dedman School of Law student Ludovica Pizzichelli worked with the Human Rights Initiative of North Texas and Texas A&M University School of Law student Fernando Gomez worked  with Legal Aid.
Recipient Fernando Lira Gomez from Texas A&M University School of Law worked with Legal Aid. Pictured with the winners is Scott A. Young, ACC DFW President and Pro Bono Committee Chair.
 
Both students realize the long-term benefits of pro bono work. Gomez explains, "The benefits of learning at Legal Aid are that I get great hands-on experience and receive immeasurable sense of satisfaction: knowing that I am helping people who might otherwise have no means of legal representation."

For Ludovica, her internship with HRI is a perfect fit. 'I want to be a public interest litigator, so t he experience I'll gain through HRI will be useful throughout a career in public interest law."

The longstanding Pro Bono scholarship program works with SMU's Dedman School of Law in Dallas and Texas A&M University's School of Law in Fort Worth to offer this opportunity to students with an early interest in Pro Bono work. Over the last nine years, the DFW chapter has contributed over $57,000 to these schools to support students who provide legal services through local Pro Bono agencies as summer interns. Each Spring, the Chapter's Board selects the scholarship winners by reviewing a resume and essay written by applicants from each school. One important condition of eligibility is that students perform Pro Bono work at approved legal services organizations in the DFW area.

Sponsor Articles:
Thank you to our Sponsors for submitting the following relevant and useful information to the In-House Counsel community.
A New Era in the Fifth Circuit For Multi-Employer Worksites

By Mark Taylor
Partner
Baker & McKenzie LLP
By Michelle Hartmann
Partner 
Baker & McKenzie LLP
By Erin Choi
Senior Associate
Baker & McKenzie LLP

On November 26, 2018, the U.S. Court of Appeals for the Fifth Circuit issued its decision in Acosta v. Hensel Phelps Construction Co., overruling its thirty-seven year old precedent regarding multi-employer worksite regulations.  In this important case, the Secretary of the Department of Labor (the Secretary) sought to overturn long-standing Circuit precedent holding that regulations under the Occupational Safety and Health Act (the OSH Act) are limited to "protect[ing] onlyan employer's own employees," as is set forth in the "general duty" clause (Section 5(a)(1)) of the OSH Act, as opposed to protecting third party non-employees on site.


Lessons from FTC's Loss in, and Subsequent Abandonment of, DirecTV Advertising Case 

The FTC recently suffered a significant setback in a closely watched advertising practices case against DirecTV.  Specifically, on August 16, 2018, Judge Gilliam of the U.S. District Court for the Northern District of California granted judgment in favor of DirecTV on the majority of the claims at the close of the FTC's case in chief-including all claims relating to DirecTV's disclosures in its advertising-before DirecTV began to present its own case in defense. And then yesterday, the FTC agreed todismissthe remainder of its case vol untarily with prejudice, fully ending the enforcement action.

  
 
By M. Sean Royall
Partner
Gibson Dunn LLP
By Brett S. Rosenthal
Associate
Gibson Dunn LLP
By Emily Riff Associate
Gibson Dunn LLP
By Richard H. Cunningham
Partner
Gibson Dunn LLP
The Agile Legal Department: Agile Methodologies Can Transform Your Legal Teams and Legal Organization 
By Jonathan Sharpley  
Senior Solutions  Architect  
Legility


The increasing complexity of data and business dealings is straining corporate legal departments in ways never seen before.  As organizations seek to contain costs and manage risk, the role of legal operations has become a fixture in the corporate legal environment. 
 
This is one of the reasons we at Counsel On Call  recently changed our name to Legility , a mash-up of the words "legal" and "agility ." The name better reflects our role in the continued maturation of legal operations and the people, processes and technologies we're deploying to meet these modern day issues. We help legal departments become more "agile" - more on that in a moment.

 
Infringement and Extraterritoriality: SCOTUS Decision in WesternGeco Captures Foreign Damages 
By Hao J. Wu
Norton Rose Fulbright LLP


In WesternGeco LLC v. ION Geophysical Corp., decided June 22, 2018, the Supreme Court rejected a bright-line rule against awarding lost foreign profits for patent infringement.  In particular, the Supreme Court's decision clarified that a presumption against extraterritoriality does not preclude awarding infringement damages arising from overseas activities when the basis for infringement involves domestic conduct.  

  Read Full Article
Digital Marketing Law 101: Six Strategies You Need to Know

By Timothy E. Hudson
Partner
Thompson & Knight LLP
By Craig C. Carpenter
 Associate
 Thompson & Knight LLP
As a growing number of consumers research and purchase products online, the benefits of digital marketing are too great to be overlooked. Forbesreports that 82% of consumers conduct research online, so it is no surprise that many businesses are utilizing these channels to reach consumers. Additionally, digital marketing allows companies to see the effectiveness of their strategies in real-time through digital analytics measuring traffic and usage. 
 
While digital marketing can be a successful business strategy, some legal issues arise from the use of certain online channels, prompting rising Federal Trade Commission (FTC) and state regulation. This guide provides a snapshot of some of the legal issues companies face in the digital marketing context, including social media marketing, endorsements, native advertising, sweepstakes and contests, user-generated content marketing, and email and text marketing campaigns. 

COMPLIMENTARY
One-Year Subscription to
The Texas Lawbook continues to offer a special FREE one-year subscription exclusively to our current Dallas-Fort Worth chapter members!  Receive Texas news updates, articles and  information compliments of the Dallas-Fort Worth chapter and our partnership with The Texas Lawbook.   
If interested, 

Note: In the message box, please include ACC-DFW member. Once you sign up for the e-mails, you will be directed to login information to access the full site (complimentary, of course).