2018 Summer Newsletter

In this Issue:

Chapter News:
  • President's Message
  • Chapter Annual Meeting - September 21
Sponsor Articles:
  • Take It to the Limit: How to Get the Most from Your D&O Insurance Tower in Settling Shareholder Derivative Litigation  provided by Barnes & Thornburg LLP
  • Avoid Misclassification Quagmires by Understanding Differences Between Contractors and Employees   provided by DLA Piper LLP 
  • Five Key Considerations When Contemplating a Ground Lease
    provided by Kilpatrick Townsend LLP
Nominate! Outstanding Corporate Counsel Awards

Spotlight: ACC Annual Meeting in Austin

ACC Resource Highlight: ACC 2018 Global Compensation Report

Upcoming Events: Mark Your Calendars!
  • CLE Opportunities
    • Cybersecurity & Privacy CLE Luncheon with Locke Lorde LLP - Wednesday, September 12 at The Mercury
    • Future of the American Jury - CLE Ethics - Wednesday, September 26 at SMU Dedman School of Law
    • Doing Business Globally - Thursday, October 18
  • Social events:
    • Family Night at the Perot Museum - Saturday, September 8
      Start the Holiday Season with Us!
      Annual Holiday Party - Thursday, November 29 (5:30-9:30 pm)
      Table 13 - Food, Drinks & Live Music 
  • Special Event
    • Annual Meeting, Ethics CLE & Golf/Spa Event
      September 21 - Four Seasons Hotel & Club 
    • Women at Work: Overcoming Obstacles and Navigating a Path to Success - Women's Leadership Initiative
      October 2, 5:30-8:30 pm
      Mercy Wine Bar in Addison
      Panel Discussion, Networking and Wine Tasting
    • Pro Bono Fair - October 16 at Toyota Headquarters

President's Message
by David Kilpatrick President 2017-2018
Dear ACC DFW Members & Colleagues,

I can't believe that my term as President of our ACC DWF Chapter is nearing its end because the time has just flown by, which to me, means that I have been having a lot of fun. I am truly grateful for this opportunity and it has been an honor to serve.  It has been fun because the chapter continues to thrive and grow, and I believe we have offered great value to our members this year, as we have done in the past and will continue to do so in the future.  You only need look at the Chapter Calendar to see all the events, whether they be CLE, social, professional development, pro bono, diversity, etc., to find that there is something for everyone.  And we are not done, with the months of September-December full of wonderful offerings to educate, entertain, and provide substance to what it means to be an in-house counsel here in the DFW area.  

Now, these things don't happen without a lot of pre-planning and work to pull of the quality events that you have come to except, so I need to take this time to thank those folks who put in the time to keep this chapter humming.  Thanks to our officers, board members and committee volunteers all of whom have full-time jobs, families and other responsibilities, but they put their time and passion into the chapter, because they believe in what we do.  Thanks to our sponsors, who help enable us to offer the quality programming that you want to attend. Thanks also to the members who attend our functions and volunteer their time for pro bono, community outreach, and diversity events that enrich our community. And finally, a special thank you to the "rock" of our organization, Executive Director Susan Harvey, without whom the chapter would immediately fall apart at the seams. 

Moving forward, I feel that the Chapter is in a great place.  We have talked quite a bit about the chapter's growth and your Board has adjusted to the increased demand by adding new events and diversifying what we offer. At the same time, we have extended our partnerships to ensure that quality of what we offer is at the highest level.  You can see this for yourself if you attend some of the upcoming fall events, such as the Chapter Annual Meeting Ethics/Golf/Spa event being held September 21 at the Four Seasons in Las Colinas.   This is one of our signature events that should be on everyone's annual calendar as a productive day of CLE, chapter business, and good times.  And I would be remiss if I didn't mention the ACC Global Annual Meeting being held in Austin this year, October 21-24.  Beyond the great CLE offerings, is the chance to network with thousands of your colleagues from all over the world.  Not to mention the fact that your Texas ACC Chapters have gotten together to host the "party of all parties" Tuesday evening at Brazos Hall (sorry in advance to all those Wednesday morning sessions, as they are going be eerily quiet).   

Finally, I look forward to working with everyone for the rest of my 2018 term and beyond.  So if you have any additional thoughts or comments, please feel free to share them with me at  dkilpatrick@nofirex. I will pass them along to the Board so that your ACC DFW Chapter continues to be one of the leaders within ACC Global family. 
Best regards, 

Chapter Annual Meeting
September 21, 2018

Each year our Chapter Annual Meeting is held during our full day Golf/Spa event at the Four Seasons Resort and Club. This year, our meeting agenda includes the results of our latest membership survey as well as updates on our Pro Bono program.

The meeting also includes the yearly vote of our board members and officers. For those who cannot attend the September 21st event, you will receive the ballot one week prior and can vote early. 

Upcoming Event Highlights

For details and registration to all events:

15th Annual Meeting, Ethics CLE and Golf/Spa Event
Friday, Sept. 21

It's Not too Late!
Register Now

The full day includes:
  • Ethics CLE - 2 hours
  • Annual Chapter Meeting and Membership Report
  • Afternoon of golf, spa, pool or fitness
  • Full use of the Four Season's Sports Facility
  • Afternoon CafĂ© with WiFi access and massage chair
  • Evening Reception includes food, drinks, live music, raffle and awards


Fall Social Highlight
Family Night at the Perot Museum
Saturday, Sept. 8

We are excited to invite you to a great family event at the Perot Museum on Saturday, Sept. 8 for the ACC Dallas-Fort Worth membership. A special thanks to our generous sponsor, Thompson & Knight LLP, for providing this fun evening!

See you there!

2018 Membership Survey Results

Thank you to the over 200 members who participated in our survey! The full results will be presented during the Chapter Annual Meeting on September 21 at the Four Seasons Resort and Club.

In the meantime, here are a few highlights:
  • Most popular topic request: General Contracts
  • Least popular topic: Bankruptcy
  • In comparison to our 2016 survey, there is no longer a strong interest in breakfast programming.
  • New finding: Increased request for lunch meetings in the Legacy area
The membership committee will also present a full attendance report covering the last 5 years at the Chapter Annual meeting as we look to expand involvement of our 900 + members.

Ready  to nominate? The 2nd Annual Outstanding Corporate Counsel Awards open the nominations on October 1

By Mark Curriden
Mark your calendar for next year: Thursday, Jan. 24, 2019.
The Texas Lawbook and ACC-DFW are celebrating the second year of our partnership. Year one was an absolute success and we are working to make the coming year even better. 
For example:
  • An estimated 200 ACC-DFW members signed up for their free subscription to The Texas Lawbook. ACC members can easily sign up by emailing me at mark.curriden@texaslawbook.net. As an increased benefit, The Lawbook is expanding our offer and allowing in-house colleagues of ACC members to also receive a free subscription as well.
  • An estimated 300 ACC-DFW members attended for free seven unique and fascinating CLEs hosted by The Texas Lawbook. In the next few months, The Lawbook is hosting several upcoming CLEs, including "Future of the American Jury System" on Sept. 26 at SMU and "Pro Sports GCs" on Oct. 9. Other upcoming CLEs include programs on the role of lawyers in cyber security, the evolution of the Fifth Circuit Federal Court of Appeals, lawyers for the retail industry and general counsel on corporate boards. More details to come.  
  • The Texas Lawbook published profiles or articles that featured nearly 50 ACC-DFW members during the past 16 months. We plan to publish many more in the future, but we also need your help. We would like to write short articles about ACC members changing positions, getting promotions and being honored for their work. Please let us know if you or one of your colleagues needs to be honored for their success. In addition, we welcome ACC-DFW members to author articles on subject matters that they think are important to improve the legal profession.
  • Finally, more than 330 lawyers attended the 2017 Outstanding Corporate Counsel Awards in January. The Lawbook published in-depth profiles of each
    Our first Corporate Counsel Awards program last January was a huge success with more than 330 lawyers in attendance.
    of the 31finalists. 
We are pleased to announce that the 2018 Outstanding Corporate Counsel Awards ceremony is now set for Thursday, Jan. 24. Once again, the awards event will be at the President George W. Bush Institute. Nominations will be accepted Oct. 1 to Nov. 5. 
The Lawbook and ACC-DFW are excited to announce that we are adding two new categories to this year's award ceremony that will honor creative and innovative partnerships between corporate legal departments and outside counsel and recognize young in-house lawyers who have already achieved extraordinary success.
The entire Texas Lawbook team is thrilled with and proud of our partnership with ACC-DFW. But we know there are ways we can improve. Please let us know what we can and should do better.

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,
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).

Spotlight: 2018 ACC Annual Meeting 
Connect, Learn, Excel

Join Us In Austin! October 21-24

Attend the World's Largest Gathering of In-House Counsel to Stay Ahead, Connected and Indispensable

Register today before the rate increase on September 20.

The ACC DFW Board of Directors invites you to join us in our own backyard for three great days of education as well as plenty of networking and Texas fun! Learn from and network with in-house lawyers on complex legal and regulatory challenges, constant geopolitical change, cyber risk and the need to help drive business strategy.

View the latest  program schedule

Plus - don't miss out on our TEXAS PARTY
You are invited!!
Tuesday, October 23 at Brazos Hall!

ACC Resource Highlight: 2018 ACC Global Compensation Report

2018 ACC Global Compensation Report:  For companies seeking to stay competitive in the marketplace and lawyers considering career moves, access to detailed compensation data for in-house counsel and legal operations professionals is absolutely essential. Based on responses from more than 5,000 lawyers in corporate legal departments from 65 countries and 39 different industry sectors, this first-ever ACC Global Compensation Report is precisely the resource you need. 

Sponsor Articles:
Thank you to our Sponsors for submitting the following relevant and useful information to the In-House Counsel community.
Take It to the Limit: How to Get the Most from Your D&O Insurance Tower in Settling Shareholder Derivative Litigation

By David E. Wood
Barnes & Thornburg LLP
By John L. Corbett
Of Counsel
Barnes & Thornburg LLP
Traditionally, the principal means for litigating corporate mismanagement claims was the class action lawsuit, with derivative actions seen as l i ttle more than "follow-ons" to effectuate corporate therapeutics.  In recent years, however, the derivative action - a lawsuit brought by shareholders onehalf of the nominal defendant corporation against its directors and officers - has become an increasingly significant method for litigating mismanagement claims.  Not surprisingly, the trend has been toward larger cash components in derivative settlements, such as the $90 million payment to settle a derivative suit against Twenty-First Century Fox, Inc. this past November.

Avoid Misclassification Quagmires by Understanding Differences between Contractors and Employees 
By Isabel Crosby

When engaging a worker to perform paid work services, a first and critical step in the hiring process is the determination of the worker's status as an employee or independent contractor.

Classification missteps can translate to significant legal and economic risk, including the potential assessment of back pay damages, punitive damages, and attorneys' fees under the Fair Labor Standards Act (FLSA), penalties under the Affordable Care Act (ACA), tax assessments and penalties, and other potential damages and tax liabilities under both federal and state laws.

Five Key Considerations when Contemplating a Ground Lease

By Jenny Gruber
Kilpatrick Townsend
By Joe Esposito
Kilpatrick Townsend
It's no secret that the DFW real estate market is one of the ho t te st in n a tion right now. Though the experts predict a  slowdown in the meteoric rise in property prices, the commercial market remains strong due to the metroplex's continued population an d job growth. You've probably noticed  signs stating "Groun d Lease Available" on many vacant tract s along major highways and thoroughfares. That's no coincidence. Rather, it's indicative of the current state of the market. But what is a ground l ease? And why do they seem so ubiquitous right now?