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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 2012</dc:rights>
    <dc:date>2012-05-02T15:37:44+00:00</dc:date>
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    <item>
      <title>GDHM welcomes Nicholas Miller</title>
<link>http://gdhm.com/site/news/gdhm_welcomes_nicholas_miller/</link>
      <guid>http://gdhm.com/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://gdhm.com/site/news/discussions_on_texas_supreme_court_decision_on_groundwater_ownership/</link>
      <guid>http://gdhm.com/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://gdhm.com/site/news/robin_melvin_moderates_panel_on_new_texas_supreme_court_ruling_on_grou/</link>
      <guid>http://gdhm.com/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>Patrick Thompson helps client in state licensing dispute</title>
<link>http://gdhm.com/site/news/parick_thompson_helps_client_in_state_licensing_dispute/</link>
      <guid>http://gdhm.com/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://gdhm.com/site/news/preliminary_injunction_motion_for_hearing_set_in_planned_parenthood_case/</link>
      <guid>http://gdhm.com/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://gdhm.com/site/news/mike_mcketta_to_participate_in_panel_discussion_on_sundance_documentar/</link>
      <guid>http://gdhm.com/site/mike_mcketta_to_participate_in_panel_discussion_on_sundance_documentar/#When:21:13:54Z</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>2012-04-05T21:13:54+00:00</dc:date>
    </item>

    <item>
      <title>Beware of Trademark Registration and Domain Name Scams</title>
<link>http://gdhm.com/site/news/beware_of_trademark_registration_and_domain_name_scams/</link>
      <guid>http://gdhm.com/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://gdhm.com/site/news/ed_mchorse_to_be_honored_for_his_work_with_the_homeless_in_austin/</link>
      <guid>http://gdhm.com/site/ed_mchorse_to_be_honored_for_his_work_with_the_homeless_in_austin/#When:22:22:42Z</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>2012-03-27T22:22:42+00:00</dc:date>
    </item>

    <item>
      <title>Clarke Heidrick honored by University Medical Center Brackenridge</title>
<link>http://gdhm.com/site/news/clarke_heidrick_honored_by_university_medical_center_brackenridge/</link>
      <guid>http://gdhm.com/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://gdhm.com/site/news/pete_kennedy_works_with_client_on_security_issues_spurred_by_unauthori/</link>
      <guid>http://gdhm.com/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://gdhm.com/site/news/tom_mason_comments_on_groundwater_ruling/</link>
      <guid>http://gdhm.com/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://gdhm.com/site/news/chris_elliott_moderates_panel_on_ethical_implications_of_developments_/</link>
      <guid>http://gdhm.com/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://gdhm.com/site/news/gdhm_partners_with_austin_gives/</link>
      <guid>http://gdhm.com/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://gdhm.com/site/news/tribute_to_mike_mcketta_austin_bar_association_2012_distinguished_lawy/</link>
      <guid>http://gdhm.com/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://gdhm.com/site/news/clarke_heidrick_answers_questions_about_central_texas_healthcare_and_t/</link>
      <guid>http://gdhm.com/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://gdhm.com/site/news/mike_mcketta_honored_as_distinguished_lawyer/</link>
      <guid>http://gdhm.com/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://gdhm.com/site/news/texas_supreme_court_rules_in_workers_comp_case_regarding_temporary_employee/</link>
      <guid>http://gdhm.com/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, Trial 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://gdhm.com/site/news/chris_elliott_comments_on_lingering_issues_surrounding_guantanamo_bay_/</link>
      <guid>http://gdhm.com/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://gdhm.com/site/news/d.r._horton_inc._vs._michael_cuda/</link>
      <guid>http://gdhm.com/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://gdhm.com/site/news/helen_foster_speaking_at_water_rights_conference/</link>
      <guid>http://gdhm.com/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://gdhm.com/site/news/tom_mason_comments_on_the_2012_state_water_plan/</link>
      <guid>http://gdhm.com/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://gdhm.com/site/news/gdhm_welcomes_david_smith/</link>
      <guid>http://gdhm.com/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://gdhm.com/site/news/jim_hemphill_remarks_on_texas_disposals_challenge_to_the_city/</link>
      <guid>http://gdhm.com/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://gdhm.com/site/news/no_more_beer_in_tx/</link>
      <guid>http://gdhm.com/site/no_more_beer_in_tx/#When:21:31:55Z</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>2011-12-29T21:31:55+00:00</dc:date>
    </item>

    <item>
      <title>Clarke Heidrick next chairman of the Austin Chamber of Commerce</title>
<link>http://gdhm.com/site/news/clarke_heidrick_next_austin_chamber_of_commerce_chairman/</link>
      <guid>http://gdhm.com/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://gdhm.com/site/news/gdhm_shareholder_jim_hoeffner_displays_photography/</link>
      <guid>http://gdhm.com/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://gdhm.com/site/news/gdhm_welcomes_tom_mason/</link>
      <guid>http://gdhm.com/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://gdhm.com/site/news/pete_kennedy_to_speak_at_the_black_star_co-op_pub_brewery/</link>
      <guid>http://gdhm.com/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://gdhm.com/site/news/tom_mason_former_general_manager_of_the_lcra_to_join_gdhm/</link>
      <guid>http://gdhm.com/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://gdhm.com/site/news/gdhm_receives_award_fro_pro_bono_work/</link>
      <guid>http://gdhm.com/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://gdhm.com/site/news/gdhm_clients_challenge_beer_laws/</link>
      <guid>http://gdhm.com/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://gdhm.com/site/news/susan_burton_to_speak_at_ahrma/</link>
      <guid>http://gdhm.com/site/susan_burton_to_speak_at_ahrma/#When:16:01:15Z</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>2011-10-17T16:01:15+00:00</dc:date>
    </item>

    <item>
      <title>Mike McKetta selected as Distinguished Lawyer</title>
<link>http://gdhm.com/site/news/mike_mcketta_selected_as_distinguised_lawyer/</link>
      <guid>http://gdhm.com/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://gdhm.com/site/news/celebrating_sixty-five_years_of_service/</link>
      <guid>http://gdhm.com/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://gdhm.com/site/news/another_successful_engaging_conversations_event/</link>
      <guid>http://gdhm.com/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://gdhm.com/site/news/client_alert_nlrb_turns_up_the_heat_on_non-union_employers/</link>
      <guid>http://gdhm.com/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://gdhm.com/site/news/texas_supreme_court_issues_important_decision_involving_the_texas_labo/</link>
      <guid>http://gdhm.com/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://gdhm.com/site/news/nlrb_report_of_the_acting_general_counsel_concerning_social_media_cases/</link>
      <guid>http://gdhm.com/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://gdhm.com/site/news/mary_keeney_named_appellate_lawyer_of_the_week_by_texas_lawyer/</link>
      <guid>http://gdhm.com/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://gdhm.com/site/news/2011_legislation_affecting_property_owner_associations_and_restrictive/</link>
      <guid>http://gdhm.com/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://gdhm.com/site/news/gdhm_welcomes_lauren_d._damen_to_regulatory_section/</link>
      <guid>http://gdhm.com/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://gdhm.com/site/news/austin_court_of_appeals_recognizes_vested_private_property_rights/</link>
      <guid>http://gdhm.com/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://gdhm.com/site/news/2011_table_host_line-up_is_announced/</link>
      <guid>http://gdhm.com/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://gdhm.com/site/news/maldef_wins_judgment_in_case_regarding_state-issued_identification_for/</link>
      <guid>http://gdhm.com/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, Trial 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://gdhm.com/site/news/major_telecommunications_carrier_wins_summary_judgment_in_federal_cour/</link>
      <guid>http://gdhm.com/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://gdhm.com/site/news/gdhm_gets_dismissal_of_breach_of_fiduciary_duty_case/</link>
      <guid>http://gdhm.com/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, Trial 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://gdhm.com/site/news/gdhm_named_finalist_in_chamber_of_commerce_awards/</link>
      <guid>http://gdhm.com/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://gdhm.com/site/news/gdhm_remembers_judge_william_garwood/</link>
      <guid>http://gdhm.com/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://gdhm.com/site/news/andy_martinez_to_share_insights_on_business_opportunities_with_mexico/</link>
      <guid>http://gdhm.com/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://gdhm.com/site/news/texas_supreme_court_gives_employers_greater_independence_to_enter_into_non-/</link>
      <guid>http://gdhm.com/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://gdhm.com/site/news/texas_supreme_court_gives_employers_greater_independence_to_enter_into/</link>
      <guid>http://gdhm.com/site/texas_supreme_court_gives_employers_greater_independence_to_enter_into/#When:20:05:05Z</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>2011-07-01T20:05:05+00:00</dc:date>
    </item>

    <item>
      <title>Bob Hearon represents AEP in favorable Texas Supreme Court reversal</title>
<link>http://gdhm.com/site/news/bob_hearon_represents_aep_in_favorable_texas_supreme_court_reversal/</link>
      <guid>http://gdhm.com/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, Trial 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://gdhm.com/site/news/gdhm_client_wins_take-nothing_judgment_in_united_states_fifth_circuit_/</link>
      <guid>http://gdhm.com/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, Trial 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://gdhm.com/site/news/gdhm_and_clients_work_in_tandem_to_accomplish_goals/</link>
      <guid>http://gdhm.com/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://gdhm.com/site/news/employees_contribute_to_help_elderly_neighbors_keep_cool_this_summer/</link>
      <guid>http://gdhm.com/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://gdhm.com/site/news/eric_behrens_article_on_covenants_not_to_compete_cited_in_texas_suprem/</link>
      <guid>http://gdhm.com/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, Trial 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://gdhm.com/site/news/texas_supreme_court_agrees_to_review_case_involving_workers_compensati/</link>
      <guid>http://gdhm.com/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://gdhm.com/site/news/amarillo_court_of_appeals_affirms_trial_courts_denial_of_a_request_for/</link>
      <guid>http://gdhm.com/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://gdhm.com/site/news/graves_dougherty_case_recognized_among_2010s_top_verdicts/</link>
      <guid>http://gdhm.com/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, Trial Litigation</dc:subject>
      <dc:date>2011-05-24T21:15:21+00:00</dc:date>
    </item>

    <item>
      <title>Graves Dougherty to host Judge Suzanne Covington Pro Bono Service Award Reception</title>
<link>http://gdhm.com/site/news/graves_dougherty_to_host_judge_suzanne_covington_pro_bono_service_awar/</link>
      <guid>http://gdhm.com/site/graves_dougherty_to_host_judge_suzanne_covington_pro_bono_service_awar/#When:20:23:31Z</guid>
      <!--<description>Graves Dougherty is honored to host this year&#39;s Judge Suzanne Covington Pro Bono Service Award Reception in June.
&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>2011-05-22T20:23:31+00:00</dc:date>
    </item>

    <item>
      <title>Bill Locke to present CLE webcast hosted by ALI&#45;ABA and ACREL</title>
<link>http://gdhm.com/site/news/bill_locke_to_present_cle_webcast_hosted_by_ali-aba_and_acrel/</link>
      <guid>http://gdhm.com/site/bill_locke_to_present_cle_webcast_hosted_by_ali-aba_and_acrel/#When:19:27:06Z</guid>
      <!--<description>Real Estate attorney Bill Locke will present on Insurance Issues in Case of Developer, Owner, Landlord, Tenant or Contractor Default via a webcast CLE hosted by ALI&#45;ABA and ACREL on Monday, June 13, 2011.&amp;nbsp;
&amp;nbsp;
Bill, an ACREL Fellow, is speaking with Marilyn Maloney. &amp;nbsp;They will be joined by Charles Comiskey.&amp;nbsp; Bill and Marilyn presented a workshop on Insurance Issues at the 2010 Annual ACREL Meeting in Toronto.</description>-->
      <dc:subject>News, Real Estate</dc:subject>
      <dc:date>2011-05-19T19:27:06+00:00</dc:date>
    </item>

    <item>
      <title>Susan Burton to speak at Austin Human Resource Management Association</title>
<link>http://gdhm.com/site/news/susan_burton_to_speak_at_austin_human_resource_management_association/</link>
      <guid>http://gdhm.com/site/susan_burton_to_speak_at_austin_human_resource_management_association/#When:19:26:10Z</guid>
      <!--<description>Employment Law attorney, Susan Burton, is scheduled to speak at the September meeting of the Austin Human Resource Management Association. She will speak about the enforcement actions and efforts taken by the EEOC in 2011.</description>-->
      <dc:subject>News, Employment Law</dc:subject>
      <dc:date>2011-05-17T19:26:10+00:00</dc:date>
    </item>

    <item>
      <title>Client Highlight: Stormont Williams Fish Supply Co.</title>
<link>http://gdhm.com/site/news/client_highlight_stormont_williams_fish_supply_co/</link>
      <guid>http://gdhm.com/site/client_highlight_stormont_williams_fish_supply_co/#When:20:39:52Z</guid>
      <!--<description>In the spring of 2011, friends Johnny Koons and Joe Martin decided to make their passion into a career.&amp;nbsp; Johnny and Joe are experienced Alaskan fishermen, and have worked at Tanaku Lodge in Alaska for many summers taking tourists out to make a big catch.
&amp;nbsp;
GDHM Corporate attorneys, Mary Wommack Barton, Elsbeth Peshel and Sandy Griffin, helped Johnny and Joe start a new business in Texas, where they are headquartered, and in Alaska, where they will be working this summer.&amp;nbsp; They formed Stormont Williams Fish Supply Co., LLC, a Texas limited liability company, in January, and with the help of GDHM, raised funds from investors to purchase a boat and get their business started.
&amp;nbsp;
Johnny and Joe left for Alaska in May, and will begin shipping frozen wild Alaska salmon, halibut, black cod and rockfish to restaurants, wholesalers and individuals around the country.&amp;nbsp; You can check out their website and place an order at&amp;nbsp;www.stormontwilliams.com.&amp;nbsp;</description>-->
      <dc:subject>News, Corporate &amp; Securities</dc:subject>
      <dc:date>2011-05-15T20:39:52+00:00</dc:date>
    </item>

    <item>
      <title>GDHM supports Zebra Imaging in their ride for charity</title>
<link>http://gdhm.com/site/news/gdhm_supports_zebra_imaging_in_their_ride_for_charity/</link>
      <guid>http://gdhm.com/site/gdhm_supports_zebra_imaging_in_their_ride_for_charity/#When:14:15:40Z</guid>
      <!--<description>Good luck to GDHM client Zebra Imaging and their team riding in the MS150 on April 16th and 17th.&amp;nbsp; Graves Dougherty is proud to support the Zebra Imaging team.</description>-->
      <dc:subject>News</dc:subject>
      <dc:date>2011-04-15T14:15:40+00:00</dc:date>
    </item>

    <item>
      <title>Terry Bray honored as ABA Distinguished Lawyer</title>
<link>http://gdhm.com/site/news/terry_bray_honored_as_aba_distinguished_lawyer/</link>
      <guid>http://gdhm.com/site/terry_bray_honored_as_aba_distinguished_lawyer/#When:20:55:26Z</guid>
      <!--<description>The Austin Bar Association honored Real Estate attorney, Terry Bray, along with two other attorneys as this year&amp;rsquo;s Distinguished Lawyers. The Distinguished Lawyer Award is given to a lawyer who has been in practice 30 years or more and has contributed significantly to the profession and the community. Past Award Recipients include the following Graves Dougherty representatives: Judge Joe R. Greenhill; Judge William L. Garwood; Dan Moody, Jr.; and Bob Hearon.</description>-->
      <dc:subject>News, Real Estate</dc:subject>
      <dc:date>2011-01-31T20:55:26+00:00</dc:date>
    </item>

    <item>
      <title>Susan Burton honored by Volunteer Legal Services</title>
<link>http://gdhm.com/site/news/susan_burton_honored_by_volunteer_legal_services/</link>
      <guid>http://gdhm.com/site/susan_burton_honored_by_volunteer_legal_services/#When:21:01:14Z</guid>
      <!--<description>In December, 2010, Volunteer Legal Services of Central Texas&amp;nbsp;named an award in honor of Employment Law attorney, Susan P. Burton, for newly licensed attorneys who have demonstrated an early&#45;career commitment to pro bono. In addition to serving on the Board of Directors of VLS since 1992, including three terms as President, and most recently, Officer Emeritus, Susan has taken more than 65 pro bono cases through VLS.</description>-->
      <dc:subject>News, Employment Law</dc:subject>
      <dc:date>2011-01-26T21:01:14+00:00</dc:date>
    </item>

    <item>
      <title>GDHM selected as a recipient of inaugural Dell Pro Bono Law Firm Award</title>
<link>http://gdhm.com/site/news/gdhm_selected_as_a_recipient_of_inaugural_dell_pro_bono_law_firm_award/</link>
      <guid>http://gdhm.com/site/gdhm_selected_as_a_recipient_of_inaugural_dell_pro_bono_law_firm_award/#When:21:59:42Z</guid>
      <!--<description>Graves Dougherty was honored to be selected as one of the recipients of the inaugural Dell Pro Bono Law Firm Award. Dell legal department recognizes its law firm partners who have provided valuable assistance with respect to their pro bono projects. Several Graves Dougherty attorneys assisted with projects for various organizations including the Austin Yellow Bike Project, the Austin Zoo, and Texas C&#45;BAR/BiGAustin.</description>-->
      <dc:subject>News</dc:subject>
      <dc:date>2011-01-20T21:59:42+00:00</dc:date>
    </item>

    <item>
      <title>Clarke Heidrick selected as Chairman&#45;Elect of Austin Chamber of Commerce for 2011</title>
<link>http://gdhm.com/site/news/clarke_heidrick_selected_as_chairman-elect_of_austin_chamber_of_commer/</link>
      <guid>http://gdhm.com/site/clarke_heidrick_selected_as_chairman-elect_of_austin_chamber_of_commer/#When:22:14:16Z</guid>
      <!--<description>The Austin Chamber of Commerce Board of Directors&amp;nbsp;unanimously selected Graves Dougherty Corporate attorney,&amp;nbsp;Clarke Heidrick, as Chairman&#45;Elect during 2011, to succeed Bobby Jenkins as Chairman in 2012.
&amp;nbsp;</description>-->
      <dc:subject>News, Corporate &amp; Securities</dc:subject>
      <dc:date>2010-12-07T22:14:16+00:00</dc:date>
    </item>

    <item>
      <title>Ed McHorse Recognized by Austin City Council and Colleagues</title>
<link>http://gdhm.com/site/news/ed_mchorse_recognized_by_austin_city_council_and_colleagues/</link>
      <guid>http://gdhm.com/site/ed_mchorse_recognized_by_austin_city_council_and_colleagues/#When:14:25:43Z</guid>
      <!--<description>During Thursday&amp;rsquo;s Austin City Council meeting, Graves Dougherty Corporate attorney, Ed McHorse, was recognized by the Austin City Council and colleagues who have worked with him on the Ending Community Homelessness Coalition (ECHO).&amp;nbsp; Ed has chaired ECHO for the last two years and the community surprised him with this honor immediately following a proclamation for Hunger and Homelessness Awareness.</description>-->
      <dc:subject>News, Corporate &amp; Securities, Mergers &amp; Acquisitions</dc:subject>
      <dc:date>2010-11-19T14:25:43+00:00</dc:date>
    </item>

    <item>
      <title>Rod Edens and Pete Schenkkan selected as Austin Lawyers of the Year</title>
<link>http://gdhm.com/site/news/rod_edens_and_pete_schenkkan_selected_as_austin_lawyers_of_the_year/</link>
      <guid>http://gdhm.com/site/rod_edens_and_pete_schenkkan_selected_as_austin_lawyers_of_the_year/#When:15:35:12Z</guid>
      <!--<description>Two Graves Dougherty attorneys have been selected by&amp;nbsp;The Best Lawyers in America&amp;reg; published by Woodward/White, Inc., as Austin Lawyer of the Year in their respective practice areas.
&amp;nbsp;
Rod Edens was selected as the 2011 Austin Corporate Lawyer of the Year, and Pete Schenkkan was selected as the 2011 Austin Natural Resources Lawyer of the Year.</description>-->
      <dc:subject>News, Corporate &amp; Securities, Environment and Natural Resources: Oil, Gas, Land &amp; Water</dc:subject>
      <dc:date>2010-11-02T15:35:12+00:00</dc:date>
    </item>

    <item>
      <title>Pete Kennedy&#8217;s recent article on Internet Libel published in State Bar Litigation Section Report</title>
<link>http://gdhm.com/site/news/internet_libel_article_published_in_state_bar_litigation_section_repor/</link>
      <guid>http://gdhm.com/site/internet_libel_article_published_in_state_bar_litigation_section_repor/#When:20:55:22Z</guid>
      <!--<description>Internet and Information Security attorney,&amp;nbsp;Pete Kennedy, wrote an article for the&amp;nbsp;Fall 2010&amp;nbsp;issue of the State Bar&#39;s Litigation Section Report, The Advocate, which focuses on Internet and the Law.
Internet Libel &amp;ndash; The Anonymous Writer and the Online Publisher, 52 The Advocate, p.&amp;nbsp;59 (Fall 2010).&amp;nbsp; 
&amp;nbsp;</description>-->
      <dc:subject>News, Internet and Information Security, Media, First Amendment and Public Access</dc:subject>
      <dc:date>2010-10-15T20:55:22+00:00</dc:date>
    </item>

    <item>
      <title>Eric Behren&#8217;s recent article on Covenants Not to Compete published in Texas Bar Journal</title>
<link>http://gdhm.com/site/news/covenant_not_to_compete_article_published_in_texas_bar_journal/</link>
      <guid>http://gdhm.com/site/covenant_not_to_compete_article_published_in_texas_bar_journal/#When:19:34:36Z</guid>
      <!--<description>Litigation attorney, Eric Behrens, wrote an an article on Covenants Not to Compete for the October, 2010, edition of the Texas Bar Journal.
&amp;nbsp;
A Trend Toward Enforceability:&amp;nbsp; Covenants Not to Compete in At&#45;Will Employment Relationships Following Sheshunoff and Mann Frankfort</description>-->
      <dc:subject>News, Trial Litigation</dc:subject>
      <dc:date>2010-10-15T19:34:36+00:00</dc:date>
    </item>

    <item>
      <title>Andrea Stover selected to participate in Leadership Austin program</title>
<link>http://gdhm.com/site/news/andrea_stover_selected_to_participate_in_leadership_austin_program/</link>
      <guid>http://gdhm.com/site/andrea_stover_selected_to_participate_in_leadership_austin_program/#When:20:15:27Z</guid>
      <!--<description>Litigation attorney Andrea Stover has been selected to participate in Leadership Austin&amp;rsquo;s 2010 Emerge Program.&amp;nbsp;The Emerge Program curriculum will focus on exploring leadership concepts, utilizing practical tools and creating a personal framework for being a more effective civic leader.</description>-->
      <dc:subject>News, Administrative &amp; Regulatory Litigation, Trial Litigation</dc:subject>
      <dc:date>2010-10-08T20:15:27+00:00</dc:date>
    </item>

    <item>
      <title>GDHM attorneys recognized by the Texas Civil Rights Project for pro bono efforts</title>
<link>http://gdhm.com/site/news/gdhm_attorneys_recognized_by_the_texas_civil_rights_project_for_pro_bo/</link>
      <guid>http://gdhm.com/site/gdhm_attorneys_recognized_by_the_texas_civil_rights_project_for_pro_bo/#When:19:42:00Z</guid>
      <!--<description>The Texas Civil Rights Project recognized&amp;nbsp;attorneys&amp;nbsp;Pete Kennedy and&amp;nbsp;David Lein&amp;nbsp;for defending artistic free expression under the First Amendment.&amp;nbsp; Pete and David represented Michael Kleinman, Scott Wade and John &amp;ldquo;Furly&amp;rdquo; Travis in a federal lawsuit against the City of San Marcos after the city declared the artists&amp;rsquo; work &amp;ndash; made from a smashed Oldsmobile 88 &amp;ndash; to be &amp;ldquo;junk&amp;rdquo; and banned its public display.&amp;nbsp;</description>-->
      <dc:subject>News, Media, First Amendment and Public Access</dc:subject>
      <dc:date>2010-10-05T19:42:00+00:00</dc:date>
    </item>

    <item>
      <title>Graves Dougherty assists in sale of residential community propane systems business</title>
<link>http://gdhm.com/site/news/graves_dougherty_assists_in_sale_of_residential_community_propane_syst/</link>
      <guid>http://gdhm.com/site/graves_dougherty_assists_in_sale_of_residential_community_propane_syst/#When:20:40:31Z</guid>
      <!--<description>Led by David Spiller, a team of Graves Dougherty attorneys from the firm&#39;s Mergers &amp;amp; Acquisitions and Real Estate practices recently represented Sharp Community Energy, Inc. in the sale of its residential community propane systems business to AmeriGas Partners, L.P. (NYSE: APU).&amp;nbsp; From its headquarters in Austin, Sharp Community Energy provided propane to over 1,000 Central Texas homes via subdivision&#45;wide distribution systems and central storage tanks.&amp;nbsp; Parent company Sharp Propane continues to provide residential and commercial propane systems throughout the state of Texas.</description>-->
      <dc:subject>News, Mergers &amp; Acquisitions, Real Estate</dc:subject>
      <dc:date>2010-09-20T20:40:31+00:00</dc:date>
    </item>

    <item>
      <title>McKetta to argue against dismissal of Justice Sharon Keller death penalty judicial misconduct case</title>
<link>http://gdhm.com/site/news/mcketta_to_argue_against_dismissal_of_justice_sharon_keller_death_penalty_j/</link>
      <guid>http://gdhm.com/site/mcketta_to_argue_against_dismissal_of_justice_sharon_keller_death_penalty_j/#When:13:28:35Z</guid>
      <!--<description>Mike McKetta will argue before a Special Court of Review on Monday September 20 in a judicial disciplinary proceeding concerning the Hon. Sharon Keller, Presiding Justice of the Texas Court of Criminal Appeals.&amp;nbsp;&amp;nbsp;The Hon. Keller was charged with judicial misconduct in connection with a death penalty case in 2007.
&amp;nbsp;
On July 16, 2010 the Commission issued a public warning to Judge Keller. &amp;nbsp;Justice Keller has now moved to dismiss the proceeding.&amp;nbsp; The briefs are available on the State Commission on Judicial Conduct website.
&amp;nbsp;
GDHM trial attorneys Mike McKetta and Michelle Alcala serve as special counsel for the examiner of the State Commission on Judicial Conduct.&amp;nbsp;</description>-->
      <dc:subject>News, Appellate Law, Trial Litigation</dc:subject>
      <dc:date>2010-09-16T13:28:35+00:00</dc:date>
    </item>

    <item>
      <title>Graves Dougherty among Best Law Firms ranked by U.S. News Media Group and Best Lawyers</title>
<link>http://gdhm.com/site/news/graves_dougherty_among_best_law_firms_ranked_by_u.s._news_media_group_/</link>
      <guid>http://gdhm.com/site/graves_dougherty_among_best_law_firms_ranked_by_u.s._news_media_group_/#When:13:03:26Z</guid>
      <!--<description>U.S. News Media Group and Best Lawyers Release 2010 Best Law Firms Rankings
Graves, Dougherty, Hearon &amp;amp; Moody Rankings
Tier 1Austin
Administrative / Regulatory Law 
Banking and Finance Law 
Corporate Law 
Energy Law 
General Commercial Litigation 
Insurance Law 
Natural Resources Law 
Oil &amp;amp; Gas Law 
Trusts &amp;amp; Estates Law 
Water Law
&amp;nbsp;
Tier 2Austin
Environmental Law 
Real Estate Law
&amp;nbsp;
Washington D.C. &amp;ndash; September 15, 2010 &amp;ndash; U.S. News Media Group and Best Lawyers have released the 2010 Best Law Firms rankings, marking&amp;nbsp; the inaugural publication of this highly&#45;anticipated annual analysis. The rankings, including 30,322 rankings of 8,782 law firms in 81 practice areas, are posted online at www.usnews.com/bestlawfirms; the national first&#45;tier rankings will be featured in the October print issue of U.S.News &amp;amp; World Report, which will go on sale September 27.
&amp;nbsp;
These inaugural rankings, which are presented in tiers both nationally and by metropolitan area or by state, showcase 8,782 different law firms ranked in one or more of &amp;nbsp;81 major practice areas. Full data is available online for the law firms that received rankings, from the largest firms in the country to hundreds of one&#45;person and two&#45;person law firms, providing a comprehensive view of the U.S. legal profession that is unprecedented both in the range of firms represented and in the range of qualitative and quantitative data used to develop the rankings.
&amp;nbsp;
The mission of Best Law Firms from the start has been to help guide referring lawyers and clients &amp;ndash; from the country&amp;rsquo;s largest companies needing corporate legal advice to individuals needing to get a divorce or write a will, along with referring lawyers everywhere, who need an especially high level of legal work because of the particularly difficult legal issues presented, or else legal issues of a particular magnitude &amp;ndash; issues that have a bet&#45;the&#45;company implication for a corporation or a potentially life&#45;changing result for an individual.
&amp;nbsp;
&quot;U.S. News has more than two decades of experience in providing the public with the most accurate and in&#45;depth rankings of a wide range of institutions, including our Best Law Schools rankings,&quot; says Tim Smart, Executive Editor of U.S. News &amp;amp; World Report. &quot;This experience, coupled with our growing reputation as a leading career information resource, makes these law firm rankings a logical next step.&amp;rdquo;
&amp;nbsp;
&amp;ldquo;U.S. News is the world&amp;rsquo;s leading publisher of institutional rankings based on both objective data and peer evaluations,&amp;rdquo; says Steven Naifeh, President of Best Lawyers. &amp;ldquo;We are combining this expertise with Best Lawyers&amp;rsquo; experience of providing rankings of individual lawyers based on peer reviews for almost three decades. By combining hard data with peer reviews, and client assessments, we believe that we are providing users with the most thorough, accurate, and helpful rankings of law firms ever developed.&amp;rdquo;</description>-->
      <dc:subject>News, Administrative &amp; Regulatory Litigation, Banking &amp; Finance, Corporate &amp; Securities, Environment and Natural Resources: Oil, Gas, Land &amp; Water, Estate Planning, Tax &amp; Probate, Real Estate, Trial Litigation, Water Law</dc:subject>
      <dc:date>2010-09-15T13:03:26+00:00</dc:date>
    </item>

    <item>
      <title>Houston Court of Appeals holds governmental immunity bars water supply contract lawsuit</title>
<link>http://gdhm.com/site/news/the_fourteenth_court_of_appeals_issues_an_opinion_on_governmental_immu/</link>
      <guid>http://gdhm.com/site/the_fourteenth_court_of_appeals_issues_an_opinion_on_governmental_immu/#When:21:09:13Z</guid>
      <!--<description>The Fourteenth Court of Appeals in Houston issued an opinion today holding that governmental immunity barred a lawsuit against two governmental entities seeking a declaratory judgment construing a contract and an injunction enforcing the contract as construed.&amp;nbsp; Mike McKetta and Robin Melvin represented the Upper Leon River Municipal Water District, one of two governmental defendants, in the trial court and on appeal.&amp;nbsp; Read the Court&amp;rsquo;s opinion and visit our Appellate&amp;nbsp;and&amp;nbsp;Water Law&amp;nbsp;practice pages for more information on GDHM&amp;rsquo;s experience.</description>-->
      <dc:subject>News, Appellate Law, Water Law</dc:subject>
      <dc:date>2010-08-31T21:09:13+00:00</dc:date>
    </item>

    <item>
      <title>Jim Hoeffner to speak at seminar on Mastering the Art of Collecting Debts and Judgments</title>
<link>http://gdhm.com/site/news/jim_hoeffner_to_speak_at_seminar_on_mastering_the_art_of_collecting_debts_a/</link>
      <guid>http://gdhm.com/site/jim_hoeffner_to_speak_at_seminar_on_mastering_the_art_of_collecting_debts_a/#When:20:20:48Z</guid>
      <!--<description>GDHM Creditors&#39; Remedies attorney Jim Hoeffner will speak at the University of Texas School of Law CLE seminar, Mastering the Art of Collecting Debts and Judgments,&amp;nbsp;on September 3, 2010.&amp;nbsp; Jim will present on Representing Creditors in Bankruptcy.</description>-->
      <dc:subject>News, Bankruptcy and Creditors&#39; Remedies</dc:subject>
      <dc:date>2010-08-30T20:20:48+00:00</dc:date>
    </item>

    <item>
      <title>Austin Court of Appeals Upholds Validity of Workers’ Compensation Rule</title>
<link>http://gdhm.com/site/news/austin_court_of_appeals_upholds_validity_of_workers_compensation_rule/</link>
      <guid>http://gdhm.com/site/austin_court_of_appeals_upholds_validity_of_workers_compensation_rule/#When:18:54:24Z</guid>
      <!--<description>The Austin Court of Appeals issued an opinion today upholding the validity of a workers&amp;rsquo; compensation rule governing the payment for services at ambulatory surgery centers.&amp;nbsp; Graves Dougherty&amp;nbsp;attorney Tom Hudson&amp;nbsp;tried, briefed, and argued the case on behalf of Texas Mutual Insurance Company, the main private party defending the rule&amp;rsquo;s validity.&amp;nbsp; Read the Court&amp;rsquo;s opinion&amp;nbsp;and visit our&amp;nbsp;Appellate practice page&amp;nbsp;for more information on GDHM&amp;rsquo;s experience in appellate law.</description>-->
      <dc:subject>News, Appellate Law</dc:subject>
      <dc:date>2010-08-27T18:54:24+00:00</dc:date>
    </item>

    <item>
      <title>GDHM represents Owner Resource Group, LLC in its acquisition of Gila Corporation</title>
<link>http://gdhm.com/site/news/gdhm_represents_owner_resource_group_llc_in_its_acquisition_of_gila_co/</link>
      <guid>http://gdhm.com/site/gdhm_represents_owner_resource_group_llc_in_its_acquisition_of_gila_co/#When:13:35:53Z</guid>
      <!--<description>Led by shareholder&amp;nbsp;Thomas Queen,&amp;nbsp;a team of Graves Dougherty attorneys&amp;nbsp;from across&amp;nbsp;the firm&#39;s&amp;nbsp;Mergers &amp;amp; Acquisitions,&amp;nbsp;Banking and Finance, Tax, and Employment practices recently represented Owner Resource Group, LLC (ORG) in its acquisition of Gila Corporation.&amp;nbsp;&amp;nbsp;&amp;nbsp;From its headquarters in Austin, Gila and its 400 employees provide collections and payment processing services to municipalities and credit unions around the country.&amp;nbsp;&amp;nbsp;
&amp;nbsp;
This was Graves Dougherty&amp;rsquo;s second completed transaction for ORG in the last eight months; the firm also represented ORG in its acquisition of Macon, Georgia&#45;based Global Parts Distributors in late 2009.</description>-->
      <dc:subject>News, Banking &amp; Finance, Corporate &amp; Securities, Employment Law, Federal Tax Planning &amp; Controversy, Mergers &amp; Acquisitions</dc:subject>
      <dc:date>2010-08-24T13:35:53+00:00</dc:date>
    </item>

    <item>
      <title>Texas Supreme Court grants petition for review in case regarding Texas Public Information Act</title>
<link>http://gdhm.com/site/news/texas_supreme_court_granted_petition_for_review_in_case_regarding_texa/</link>
      <guid>http://gdhm.com/site/texas_supreme_court_granted_petition_for_review_in_case_regarding_texa/#When:16:02:13Z</guid>
      <!--<description>The Texas Supreme Court has granted a petition for review and set oral argument in a case handled by GDHM attorney William Christian.&amp;nbsp;The issue the Court will be deciding is whether the Texas Public Information Act requires the Texas Department of Public Safety to produce the travel expense vouchers submitted by the security detail assigned to Governor Rick Perry.&amp;nbsp;William Christian will be arguing on behalf of the Austin American&#45;Statesman, the Houston Chronicle, and the San Antonio Express&#45;News.&amp;nbsp;The case is set for argument on September 15, 2010, at 9:00 a.m.&amp;nbsp;
&amp;nbsp;
William Christian is certified in civil appellate law by the Texas Board of Legal Specialization and a member of GDHM&amp;rsquo;s appellate group.&amp;nbsp; GDHM&amp;rsquo;s appellate practice handles a broad range of appeals in Texas and federal courts.</description>-->
      <dc:subject>News, Appellate Law</dc:subject>
      <dc:date>2010-08-23T16:02:13+00:00</dc:date>
    </item>

    <item>
      <title>David Spiller selected as a member of the 2010&#45;2011 class of LeadershipSBOT</title>
<link>http://gdhm.com/site/news/david_spiller_selected_as_a_member_of_the_2010-2011_class_of_leadershi/</link>
      <guid>http://gdhm.com/site/david_spiller_selected_as_a_member_of_the_2010-2011_class_of_leadershi/#When:14:25:50Z</guid>
      <!--<description>Graves Dougherty corporate lawyer David Spiller has been selected as a member of the 2010&#45;2011 class of LeadershipSBOT, a joint program of the State Bar of Texas and the Texas Young Lawyers Association.&amp;nbsp; The program is designed to highlight the diversity within the organizations and prepare participants for leadership positions in the community and State Bar. &amp;nbsp;Twenty Texas attorneys were selected to participate and will attend leadership training over the next year, followed by a year of service on a State Bar or TYLA committee.</description>-->
      <dc:subject>News, Commercial Transactions, Corporate &amp; Securities, Mergers &amp; Acquisitions</dc:subject>
      <dc:date>2010-08-16T14:25:50+00:00</dc:date>
    </item>

    <item>
      <title>Administrative and Regulatory lawyers participate in the Advanced Texas Administrative Law Seminar</title>
<link>http://gdhm.com/site/news/administrative_and_regulatory_lawyers_participate_in_the_fifth_annual_/</link>
      <guid>http://gdhm.com/site/administrative_and_regulatory_lawyers_participate_in_the_fifth_annual_/#When:19:59:16Z</guid>
      <!--<description>GDHM Administrative and Regulatory lawyers Helen Foster and Tom Hudson are presenting papers and discussion at the Fifth Annual Advanced Texas Administrative Law Seminar of the Administrative and Public Law Section of the State Bar and the University of Texas School of Law.&amp;nbsp; Helen will discuss federal preemption of state agencies in regulatory litigation.&amp;nbsp; Tom will address lessons of HCA Healthcare Corp. v. Texas Department of Insurance, in which he represented one of the prevailing parties. GDHM lawyer Mary Keeney is Chair of the event, September 2&#45;3, 2010, at the AT&amp;amp;T Conference Center in Austin.
&amp;nbsp;
GDHM has more lawyers listed in The Best Lawyers in America&amp;reg; in Administrative Law than any other law firm in the state.&amp;nbsp; GDHM has provided speakers and served on the planning committee for this seminar every year since it was first produced in 2006, and predecessor seminars since 1990. GDHM administrative law seminar papers are often published in the Texas Tech Administrative Law Journal.&amp;nbsp; GDHM lawyer Pete Schenkkan taught federal and Texas administrative law at the University of Texas School of Law for three years before joining GDHM.&amp;nbsp;</description>-->
      <dc:subject>News, Administrative &amp; Regulatory Litigation</dc:subject>
      <dc:date>2010-08-12T19:59:16+00:00</dc:date>
    </item>

    <item>
      <title>Real Estate lawyers assist client in purchase of land parcel in master&#45;planned community</title>
<link>http://gdhm.com/site/news/real_estate_lawyers_assist_client_in_purchase_of_land_parcel_in_master/</link>
      <guid>http://gdhm.com/site/real_estate_lawyers_assist_client_in_purchase_of_land_parcel_in_master/#When:20:49:57Z</guid>
      <!--<description>Graves Dougherty Real Estate lawyers assisted client Taylor Morrison, ranked the nation&amp;rsquo;s No. 1 private homebuilder by Builder Magazine, in its recent purchase of a 440&#45;acre land parcel in one of Central Texas&amp;rsquo; largest master&#45;planned communities &amp;mdash; the Highlands at Crystal Falls.
&amp;nbsp;
Tim Towell, who heads Taylor Morrison&amp;rsquo;s Austin division, is quoted as saying &amp;ldquo;&amp;hellip; it is the largest transaction of any homebuilder in Central Texas in several years that we are aware of and the largest single purchase Taylor Morrison has made in the U.S. for the past several years.&amp;rdquo;
&amp;nbsp;
The GDHM team included Steve Butler, Rick Triplett, Bill Locke, and Cliff Ernst.</description>-->
      <dc:subject>News, Real Estate</dc:subject>
      <dc:date>2010-08-11T20:49:57+00:00</dc:date>
    </item>

    <item>
      <title>Helen Foster speaks on Environmental Ethics at the 22nd Annual Texas Environmental Superconference</title>
<link>http://gdhm.com/site/news/helen_foster_speaks_on_environmental_ethics_at_the_22nd_annual_texas_e/</link>
      <guid>http://gdhm.com/site/helen_foster_speaks_on_environmental_ethics_at_the_22nd_annual_texas_e/#When:20:09:26Z</guid>
      <!--<description>GDHM&amp;nbsp;Environment and Natural Resources&amp;nbsp;lawyer Helen Foster&amp;nbsp;spoke on Environmental Ethics at the 22nd Annual Texas Environmental Superconference.
&amp;nbsp;
Helen has&amp;nbsp;experience with environmental issues such as permitting and remediation, professional liability in environmental assessment, response cost liability, and statutory requirements (CERCLA, Clean Water Act, Endangered Species Act, RCRA). She provides counseling on a wide range of land and water issues, including environmental considerations in real estate transfers, storm water management, and environmental liability (common law and statutory).</description>-->
      <dc:subject>News, Environment and Natural Resources: Oil, Gas, Land &amp; Water</dc:subject>
      <dc:date>2010-08-06T20:09:26+00:00</dc:date>
    </item>

    <item>
      <title>Employment lawyers obtain a summary judgment in FMLA retaliation case</title>
<link>http://gdhm.com/site/news/employment_lawyers_obtain_a_summary_judgment_in_fmla_retaliation_case/</link>
      <guid>http://gdhm.com/site/employment_lawyers_obtain_a_summary_judgment_in_fmla_retaliation_case/#When:20:02:46Z</guid>
      <!--<description>Susan Burton and Michelle Alcala, attorneys in Graves Dougherty&amp;rsquo;s Employment Law group, recently obtained a summary judgment in an FMLA retaliation case for an employer in the waste removal and disposal services industry. The plaintiff in this federal court case alleged that he was fired because he told his employer he needed to be off work to have surgery and that the firing thus was illegal under the FMLA. GDHM filed a motion for summary judgment and contended that plaintiff had been fired for violation of workplace policies and procedures; therefore, no FMLA violation had occurred. The Court granted GDHM&amp;rsquo;s Motion and dismissed all of plaintiff&amp;rsquo;s claims.
Austin, Texas</description>-->
      <dc:subject>News, Employment Law</dc:subject>
      <dc:date>2010-07-29T20:02:46+00:00</dc:date>
    </item>

    <item>
      <title>Graves Dougherty welcomes Tax lawyer, Raleigh Johnston</title>
<link>http://gdhm.com/site/news/graves_dougherty_welcomes_tax_lawyer_raleigh_johnston/</link>
      <guid>http://gdhm.com/site/graves_dougherty_welcomes_tax_lawyer_raleigh_johnston/#When:15:15:35Z</guid>
      <!--<description>Raleigh Johnston&amp;nbsp;joins Graves, Dougherty, Hearon &amp;amp; Moody&#39;s Estate Planning, Tax and Probate practice group.&amp;nbsp;Raleigh&amp;nbsp;recently completed his LL.M. in Taxation at New York University, and holds a&amp;nbsp;J.D. with Business Law Certificate from the&amp;nbsp;Texas Tech&amp;nbsp;University School of Law.</description>-->
      <dc:subject>News, Estate Planning, Tax &amp; Probate</dc:subject>
      <dc:date>2010-07-27T15:15:35+00:00</dc:date>
    </item>

    <item>
      <title>Employment lawyers resolve discrimination claim</title>
<link>http://gdhm.com/site/news/employment_lawyers_resolve_discrimiation_claim/</link>
      <guid>http://gdhm.com/site/employment_lawyers_resolve_discrimiation_claim/#When:20:07:57Z</guid>
      <!--<description>Rick Yeomans and Matt Powers, attorneys in Graves Dougherty&amp;rsquo;s Employment Law and Litigation practice groups, resolved an employment discrimination claim on behalf of a health care provider.&amp;nbsp; The terminated employee alleged national origin discrimination under Title VII of the Civil Rights Act and state law, retaliatory discharge under the False Claims Act, and negligent hire of the involved supervisor.&amp;nbsp;</description>-->
      <dc:subject>News, Employment Law</dc:subject>
      <dc:date>2010-07-23T20:07:57+00:00</dc:date>
    </item>

    <item>
      <title>San Antonio Court of Appeals Rules in Favor of Graves Dougherty client</title>
<link>http://gdhm.com/site/news/san_antonio_court_of_appeals_rules_in_favor_of_graves_dougherty_client/</link>
      <guid>http://gdhm.com/site/san_antonio_court_of_appeals_rules_in_favor_of_graves_dougherty_client/#When:15:25:37Z</guid>
      <!--<description>On July 21, 2010, Mary Keeney,&amp;nbsp;shareholder in Graves Dougherty&amp;rsquo;s Appellate law practice, obtained a favorable ruling from the Fourth Court of Appeals at San Antonio on behalf of client Texas Mutual Insurance Company.&amp;nbsp; The trial court below had ruled that the workers&amp;rsquo; compensation carrier had waived its rights to contest the extent of a worker&amp;rsquo;s injury.&amp;nbsp; Relying on a recent decision from the Texas Supreme Court, Ms. Keeney convinced the court of appeals that Texas Mutual had not waived its rights.&amp;nbsp; The Fourth Court of Appeals reversed the trial court&amp;rsquo;s summary judgment and rendered judgment in favor of Texas Mutual.&amp;nbsp; Read the Fourth Court of Appeals&amp;rsquo; opinion. &amp;nbsp;
&amp;nbsp;
Visit our practice page for more information on Graves Dougherty&amp;rsquo;s Appellate law practice.</description>-->
      <dc:subject>News, Appellate Law</dc:subject>
      <dc:date>2010-07-22T15:25:37+00:00</dc:date>
    </item>

    <item>
      <title>Numerous “friends of the court” join GDHM in seeking reversal of Fifth Circuit’s “car art” opinion</title>
<link>http://gdhm.com/site/news/numerous_friends_of_the_court_join_gdhm_in_seeking_reversal_of_fifth_c/</link>
      <guid>http://gdhm.com/site/numerous_friends_of_the_court_join_gdhm_in_seeking_reversal_of_fifth_c/#When:18:45:35Z</guid>
      <!--<description>Two groups filed amicus curiae (&amp;ldquo;friend of the court&amp;rdquo;) briefs this week supporting GDHM&amp;rsquo;s request that the U.S. Supreme Court reverse a decision by the Fifth Circuit Court of Appeals that allowed the City of San Marcos, Texas, to ban any public display of an artwork made from a smashed Oldsmobile 88.&amp;nbsp;
&amp;nbsp;
Local businessman Michael Kleinman commissioned the artwork, which was created by San Marcos artists Scott Wade and Furly Travis.&amp;nbsp; The artwork was displayed on private property in San Marcos until the Fifth Circuit ruled that only &amp;ldquo;great works of art&amp;rdquo; are protected by the First Amendment, and that it was therefore permissible to ban its display anywhere the art car could be seen from any sidewalk, road, or right of way in the city.&amp;nbsp;
&amp;nbsp;
The two amicus briefs agree with Kleinman, Wade and Furly, that all art&amp;rdquo; enjoys First Amendment protection, not just whatever a court may decide is a &amp;ldquo;great&amp;rdquo; work of art.&amp;nbsp;
&amp;nbsp;
One set of amici, led by the Texas Accountants and Lawyers for the Arts, explains that what is now considered great art &amp;ndash; such as Cezanne or Matisse&amp;rsquo;s paintings &amp;ndash; was not necessarily recognized as great in its day.&amp;nbsp; First Amendment protection cannot be based on a court&amp;rsquo;s evaluation of the quality of a work of art, because such judgments are always subjective, uncertain, and can change over time, the brief argues.&amp;nbsp;
&amp;nbsp;
The second set of amici, led by the Texas Civil Rights Project, argues that US Supreme Court precedent has long protected non&#45;verbal expression such as art, and that the Court has never permitted a judge&amp;rsquo;s opinion of the &amp;ldquo;value&amp;rdquo; of speech or expression to determine the scope of First Amendment protection.&amp;nbsp; The brief argues that the Fifth Circuit&amp;rsquo;s &amp;ldquo;car art&amp;rdquo; opinion is far afield from precedent from the Supreme Court and other federal courts.&amp;nbsp;
&amp;nbsp;
Other amicus joining the briefs include National Coalition Against Censorship, First Amendment Project, Arthouse at the Jones Center, College Art Association, and numerous individual artists and art historians, including Harrod Blank, Butch Hancock, and Dr. Douglas Nickel of Brown University.&amp;nbsp;
&amp;nbsp;
Thanks go to the lawyers who volunteered their time to write the amicus briefs &#45; David George, Earnest Wotring and Jeffrey Cunard on the TALA brief, and Amy Eikel and Jessie Amos on the TCRP brief.&amp;nbsp;&amp;nbsp;&amp;nbsp;</description>-->
      <dc:subject>News, Media, First Amendment and Public Access</dc:subject>
      <dc:date>2010-07-09T18:45:35+00:00</dc:date>
    </item>

    <item>
      <title>GDHM receives Certification in the Mayor&#8217;s Fitness Council</title>
<link>http://gdhm.com/site/news/gdhm_receives_certification_in_the_mayors_fitness_council/</link>
      <guid>http://gdhm.com/site/gdhm_receives_certification_in_the_mayors_fitness_council/#When:21:03:20Z</guid>
      <!--<description>Graves Dougherty&amp;nbsp;has become the first law firm in Austin to&amp;nbsp;be a certified&amp;nbsp;partner&amp;nbsp;in the Mayor&#39;s Fitness Council.&amp;nbsp;The firm was&amp;nbsp;recognized&amp;nbsp;at the June 10 City Council meeting where&amp;nbsp;Vice&#45;chair of the Mayor&#39;s Fitness Council, Lou Earl, and Mayor Lee Leffingwell awarded certificates to several newly certified businesses. GDHM President, Michael Whellan along with&amp;nbsp;employee Margaret Carbajal accepted&amp;nbsp;the award on behalf of the firm.
&amp;nbsp;
&quot;Margaret Carbajal&#39;s role in organizing the firm to become a certified partner has been particularly valuable. She has become our wellness champion; and her work and dedication to the project over the last 18 months has benefitted the firm immensely,&quot; says Michael Whellan.</description>-->
      <dc:subject>News</dc:subject>
      <dc:date>2010-06-14T21:03:20+00:00</dc:date>
    </item>

    <item>
      <title>GDHM Bankruptcy attorneys speak at the Texas State Bar Advanced Bankruptcy Seminar</title>
<link>http://gdhm.com/site/news/gdhm_bankruptcy_attorneys_speak_at_the_texas_state_bar_advanced_bankruptcy_/</link>
      <guid>http://gdhm.com/site/gdhm_bankruptcy_attorneys_speak_at_the_texas_state_bar_advanced_bankruptcy_/#When:13:35:14Z</guid>
      <!--<description>Attorneys in the firm&#39;s Creditors&#39; Remedies practice, Jim Hoeffner and Chris Trickey, both spoke at the recent TexasBar CLE Advanced Bankruptcy Course.
&amp;nbsp;
Jim Hoeffner spoke on &amp;ldquo;Divisibility of Executory Contracts and Leases.&amp;rdquo;
Chris Trickey&amp;nbsp;participated in the &amp;ldquo;Business Bankruptcy 101&amp;rdquo; course&amp;nbsp;serving on the Panel Discussion: Evidence Rules and Trial Tactics.</description>-->
      <dc:subject>News, Bankruptcy and Creditors&#39; Remedies</dc:subject>
      <dc:date>2010-06-11T13:35:14+00:00</dc:date>
    </item>

    <item>
      <title>ESCROW AGENT LIABILITY: A TRIAL LAWYER&#8217;S PERSPECTIVE</title>
<link>http://gdhm.com/site/news/escrow_agent_liability_a_trial_lawyers_perspective/</link>
      <guid>http://gdhm.com/site/escrow_agent_liability_a_trial_lawyers_perspective/#When:15:20:06Z</guid>
      <!--<description>Rick Yeomans, author
State Bar of Texas, 32nd Annual Advanced Real Estate Law Course, July 10, 2010</description>-->
      <dc:subject>Publications, Real Estate, Trial Litigation</dc:subject>
      <dc:date>2010-06-09T15:20:06+00:00</dc:date>
    </item>

    <item>
      <title>GDHM seeks US Supreme Court review in &#8220;car art&#8221; lawsuit</title>
<link>http://gdhm.com/site/news/gdhm_seeks_us_supreme_court_review_in_art_car_lawsuit/</link>
      <guid>http://gdhm.com/site/gdhm_seeks_us_supreme_court_review_in_art_car_lawsuit/#When:19:58:46Z</guid>
      <!--<description>GDHM appellate lawyers have asked the United States Supreme Court to reverse a decision from the Fifth Circuit Court of Appeals allowing the City of San Marcos, Texas, to ban the public display of an &amp;ldquo;car art&amp;rdquo; on private property.&amp;nbsp;
&amp;nbsp;
Local businessman Michael Kleinman held a charity &amp;ldquo;car bash&amp;rdquo; in 2008, selling sledgehammer swings for $1.&amp;nbsp; He then commissioned San Marcos artists Scott Wade and Furly Travis to transform the wrecked Oldsmobile 88 into a work of art, and displayed it near the IH&#45;35 frontage road on his property near his Planet K store.&amp;nbsp; San Marcos cited the artwork (pictured above, photo courtesy John Kelso, 2008) as a &amp;ldquo;junked vehicle&amp;rdquo; and refused to make an exception, even while admitting it embodied artistic expression.&amp;nbsp;
&amp;nbsp;
GDHM lawyers Pete Kennedy, David Lein and Drew Harris have been representing Kleinman and the artists in a federal court lawsuit, arguing that San Marcos&amp;rsquo; junked vehicle ordinance, as applied to their work, violates the First Amendment.
&amp;nbsp;
On June 7, 2010, GDHM filed a petition for certiorari with the US Supreme Court, asking the court to hold that the First Amendment applies to all art, not just &amp;ldquo;great art,&amp;rdquo; as the Fifth Circuit suggested might be the case.&amp;nbsp; The petition also argues that a city may not completely ban the public display of artwork based on the artists&amp;rsquo; choice of medium, but rather that any regulation must be narrowly tailored and leave ample alternative channels of communication &amp;ndash; and that a citywide ban cannot be justified under the First Amendment.
&amp;nbsp;
photo courtesy John Kelso, 2008</description>-->
      <dc:subject>News, Appellate Law, Media, First Amendment and Public Access</dc:subject>
      <dc:date>2010-06-08T19:58:46+00:00</dc:date>
    </item>

    <item>
      <title>David Lein teaches Trial Skills at NITA</title>
<link>http://gdhm.com/site/news/david_lein_teaches_trial_skills_at_nita/</link>
      <guid>http://gdhm.com/site/david_lein_teaches_trial_skills_at_nita/#When:20:34:32Z</guid>
      <!--<description>Shareholder David Lein,&amp;nbsp;an instructor with&amp;nbsp;NITA (the National Institute for Trial Advocacy), taught a trial skills &quot;boot camp&quot; in Colorado in April.
&amp;nbsp;
The National Institute for Trial Advocacy (NITA) is the nation&amp;rsquo;s leading provider of legal advocacy skills training. A 501(c)(3) not&#45;for&#45;profit organization based in Louisville, Colorado, NITA pioneered the legal skills learning&#45;by&#45;doing methodology over 35 years ago and has since remained the ultimate standard in continuing legal education. With an average student/faculty ratio of 4:1 and an all&#45;volunteer faculty drawn from a cadre of judges, law professors, and practicing attorneys, NITA&amp;rsquo;s multi&#45;day &amp;ldquo;boot camps&amp;rdquo; deliver unparalleled professional development for nearly 6,000 attorneys each year.
&amp;nbsp;
As a public service organization, NITA provides, at little or no cost, the same high&#45;caliber training&amp;nbsp;it provides to the nation&amp;rsquo;s largest firms to legal service attorneys, public defenders, and attorneys who have chosen to work in child advocacy, tribal law, death penalty defense, immigration, domestic violence and other vital areas of public interest. NITA is also the nation&amp;rsquo;s third largest publisher of legal publications. NITA&amp;rsquo;s references, texts, case files, and audio&#45;visual materials are used by thousands of attorneys and are incorporated into the curriculum at over 85% of the nation&amp;rsquo;s law schools.</description>-->
      <dc:subject>News, Trial Litigation</dc:subject>
      <dc:date>2010-05-13T20:34:32+00:00</dc:date>
    </item>

    <item>
      <title>Rick Yeomans to speak on Escrow Agent Liability at the Texas Advanced Real Estate Law Course</title>
<link>http://gdhm.com/site/news/rick_yeomans_to_speak_on_escrow_agent_liability_at_the_texas_advanced_/</link>
      <guid>http://gdhm.com/site/rick_yeomans_to_speak_on_escrow_agent_liability_at_the_texas_advanced_/#When:20:17:15Z</guid>
      <!--<description>Rick Yeomans will speak at the Annual Texas Advanced Real Estate Law Course in San Antonio, Texas,&amp;nbsp;in July on &amp;ldquo;Escrow Agent Liability: a Trial Lawyer&amp;rsquo;s Perspective.&amp;rdquo;</description>-->
      <dc:subject>News, Real Estate, Trial Litigation</dc:subject>
      <dc:date>2010-05-12T20:17:15+00:00</dc:date>
    </item>

    <item>
      <title>BRIEF: Guitar Holding Co. v. Hudspeth County. Underground Water Conservation Dist. No. 1</title>
<link>http://gdhm.com/site/news/brief_guitar_holding_co._v._hudspeth_county._underground_water_conservation/</link>
      <guid>http://gdhm.com/site/brief_guitar_holding_co._v._hudspeth_county._underground_water_conservation/#When:15:48:40Z</guid>
      <!--<description></description>-->
      <dc:subject>Publications, Appellate Law</dc:subject>
      <dc:date>2010-04-30T15:48:40+00:00</dc:date>
    </item>

    <item>
      <title>Oil and Gas Lawyer Blog</title>
<link>http://gdhm.com/site/news/oil_and_gas_lawyer_blog/</link>
      <guid>http://gdhm.com/site/oil_and_gas_lawyer_blog/#When:16:29:33Z</guid>
      <!--<description>Please visit oilandgaslawyerblog.com to view the Oil and Gas Lawyer Blog published by John McFarland. John McFarland is a shareholder at Graves, Dougherty, Hearon &amp;amp; Moody in Austin Texas specializing in representation of landowners and mineral owners in oil and gas matters in Texas.</description>-->
      <dc:subject>Blogs, Environment and Natural Resources: Oil, Gas, Land &amp; Water</dc:subject>
      <dc:date>2010-04-29T16:29:33+00:00</dc:date>
    </item>

    
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