Bell Nunnally & Martin LLP RSS Feed Oct 2019 00:00:00 -0800firmwise Turman Quoted in Dallas Observer Regarding Reputational Risks of Tagging on Social Media Dallas Observer recently quoted Bell Nunnally attorney Brent A. Turman in an article titled, &ldquo;A Dallas Boutique Hotel Asks Guests to Untag Them in Photos. Does It Have the Right?&rdquo; The piece details a dispute between the Lorenzo Hotel in Dallas and a guest, where the guest had a photographer take professional photos of her and tagged the hotel on Instagram. The hotel asked that the tag be removed because the content of these pictures did not align with the hotel&rsquo;s desired public image. <br /> <br /> Turman commented that in an era where most everyone carries a smartphone with a camera at all times and popular social media platforms revolve around user-generated pictures, &ldquo;The lines have been blurred between what is public and what is private.&rdquo; This dynamic means that customers taking and tagging pictures may be unknowingly violating a business&rsquo; terms and conditions or a social media platform&rsquo;s terms of use. <br /> <br /> Turman explains that if the guest hadn&rsquo;t removed the photo from Instagram, the Lorenzo Hotel owner could flag the post &ldquo;as long as it has a good faith belief that the post doesn&rsquo;t comply with the social media standards or terms of use.&rdquo; Further, had the guest refused to comply, the hotel could have protected its rights through litigation.<br /> <br />News14 Oct 2019 00:00:00 -0800 Turman to Present Trial Skills CLE at Nevada State Bar Headquarters<strong>Event Details:&nbsp;<br /> </strong><br /> Brent Turman is presenting a trial skills CLE titled, &quot;What Kanye Can Teach Us About Litigation&quot; at the Nevada State Bar Headquarters. The presentation will also be broadcasted to the Nevada State Bar office in Reno.<br /> <br /> <strong>Date/Time:</strong><br /> <br /> Thursday, October 10, 2019<br /> 12:00 PM<br /> <strong><br /> Location:</strong><br /> <br /> State Bar of Nevada<br /> 3100 W. Charleston Blvd.<br /> Suite 100<br /> Las Vegas, NV 89102<br /> <strong><br /> Event Overview:</strong><br /> <br /> This presentation seamlessly weaves trial tips and ethics into the story about an unlikely source of knowledge. Through the story of the rise and fall (and rise again) of a Billboard regular, Turman highlights important lessons litigators can learn and apply to their practices: learning the importance of due diligence in discovery, deciding when to play chess and when to play checkers, and strategically choosing how to communicate to a jury. <br /> <br />Events10 Oct 2019 00:00:00 -0800 Shoffner Comments to Law360 on New DOL Overtime Rule Mark A. Shoffner is quoted in Law360&rsquo;s article titled, &ldquo;4 Takeaways As DOL Finalizes Overtime Rule.&rdquo; The article offers a variety of legal commentary on the U.S. Department of Labor&rsquo;s (DOL) recently issued final rule on overtime eligibility under the Fair Labor Standards Act (FLSA). The DOL increased the salary threshold for employees eligible for overtime to at or below $35,568/year from $23,660/year. <br /> <br /> In the piece, labor and employment specialists predicted that the new OT rule may be challenged in court, similar to the Obama administration's proposal. Other identified concerns are the limited time to comply and the disproportionate impact on education, wholesale, retail and professional service businesses. <br /> <br /> Shoffner commented that it is &ldquo;welcome news&rdquo; for employers that the job duties test remained untouched under the new OT rule. Although the rule adjusts the salary level to qualify for the FLSA&rsquo;s Executive/Administrative/Professional exemptions, the DOL did not alter the duties test, which is the other key component to determine whether an employee is exempt from the overtime rules. <br /> <br /> &quot;The duties test is so fraught with uncertainty &mdash; there are so many gray areas in the duties test &mdash; that I think if both the salary issue and the duties issue were thrown into the mix at the same time, compliance would be more difficult. All in all, I think it's a net positive for employers that the DOL didn't touch the duties test here,&quot; said Shoffner.<br /> <br /> To read the full article, please click <a href="">here</a>&nbsp;(subscription required).<br />News03 Oct 2019 00:00:00 -0800 Nunnally's Donation to Legal Aid of NorthWest Texas Proves Priceless firm was pleased to recently complete a substantial donation of office furniture to Legal Aid of NorthWest Texas (LANWT), a nonprofit organization that provides free civil legal help to low-income residents in 114 counties throughout North and West Texas. The organization&rsquo;s mission is to ensure equal justice for low-income people by providing high-quality legal representation and to improve the lives of low-income Texans through the rule of law. LANWT represents clients in many types of civil matters, but their practice primarily focuses on:<br /> <ul> <li>Support for families</li> <li>Preserving the home</li> <li>Maintaining economic stability</li> <li>Safety, stability, and health</li> <li>Individuals with special needs</li> <li>Problems affecting groups of individuals</li> </ul> We hosted the Legal Aid team in our office to check out the before and after pictures of their space. And, of course, donating to a good cause is priceless!<br /> <br /> <br /> <strong>Related Media Coverage: </strong><br /> <br /> <a href=""><em>Texas Lawyer</em></a> &ndash; August 19, 2019<br />News02 Oct 2019 00:00:00 -0800 Goodman Discusses Amber Guyger Trial on Arkansas Crime Watch Fox 16<p class="MsoNormal">Arianna Goodman was recently featured on Arkansas Crime Watch Fox 16 discussing the Amber Guyger/Botham Jean case. She explores different elements of the trial, including the defendant&rsquo;s testimony, as well as the defense&rsquo;s &ldquo;mistake of fact&rdquo; argument.</p> <p class="MsoNormal">Arianna focuses her practice on white collar criminal defense. She defends individuals and corporations in government and internal investigations, state and federal grand jury matters, and regulatory proceedings. She represents clients in a variety of federal criminal matters, including healthcare fraud, money laundering, anti-bribery and anti-kickback statutes, public and political corruption, tax violations, and other federal and state offenses.</p> <p class="MsoNormal">To watch the full interview (begins at 4:05), please click <a href="">here</a>.&nbsp;<o:p></o:p></p>News01 Oct 2019 00:00:00 -0800 Ansley Panelist for ABA SUPPORT Act CLE Webinar Looking at EKRA Overlap with Anti-Kickback Statute and False Claims Act Jeffrey J. Ansley is a presenter for the American Bar Association (ABA) webinar titled, &ldquo;The SUPPORT Act, EKRA and the Impact on the False Claims Act,&rdquo; offering CLE credit to attorneys and available on demand. The program explores aspects of the Substance Use-Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and Communities Act (SUPPORT Act). The SUPPORT Act addresses the opioid crisis through 120 separate bills and is a result of the SUPPORT Act&rsquo;s Section 8122 - Eliminating Kickbacks in Recovery Act of 2018 (EKRA). The overlap between EKRA and certain provisions of the Anti-Kickback Statute and the False Claims Act are the focus of the program, offering a comparison of these laws, as well as looking at how EKRA may be used by the plaintiff/government and the defendant, in either a compliance or a litigation scenario.<br /> <br /> Key takeaways include: <ul> <li>The key parts of the SUPPORT Act and EKRA and their relevance to other laws.</li> <li>How the EKRA safe harbors are both similar to and different than the AKS safe harbors.</li> <li>That EKRA is an all-payor statute that may be used as a basis for a False Claims Act case and potential criminal prosecution.</li> </ul> <br /> To learn more and to access the ABA program &ldquo;The SUPPORT Act, EKRA and the Impact on the False Claims Act,&rdquo; please click <a href="">here</a>.News27 Sep 2019 00:00:00 -0800 Gibson is Mentioned in Texas Real Estate Business/REBusiness Online Gibson moderated the panel, &ldquo;Who's Lending, What Terms and What is the Outlook for 2020?&rdquo; at the InterFace DFW Industrial Conference. The conference explored the latest trends in leasing, management and operations, as well as economic and demographic trends that impact the industrial real estate market in Texas. <br /> <br /> Nikki is mentioned in the <em>Texas Real Estate Business</em>/REBusinessOnline article titled, &quot;InterFace Panel: Dallas Industrial Market Poised to Withstand Recession&quot; which sums up the panel discussion. To read the full article and learn more about the panel, please click <a href="">here</a>. <br /> <br />News25 Sep 2019 00:00:00 -0800 Gives Annual Charity Gala<strong>Event Details:&nbsp;</strong><br /> <br /> Partners Jeff Ansley, Jeff Lowenstein and Ben Riemer attended the 18th annual Samsung Gives Charity Gala.<br /> <br /> <strong>Date/Time:</strong><br /> <br /> Thursday, September 19, 2019 <br /> 11:00 PM <br /> <br /> <br /> <strong>Location: <br /> <br /> </strong>Manhattan Center<strong><br /> </strong>311W 34th Street <br /> New York City, New York<br /> <br /> <br /> <strong>Event Overview: <br /> <br /> </strong>The annual Samsung Gives Charity Gala raises awareness for a variety of social and charitable programs, with the primary goal of raising funds to help people build brighter futures. <br type="_moz" />Events19 Sep 2019 00:00:00 -0800 McLaughlin Elected President of CREW Dallas Kassandra G. McLaughlin has been elected as the 2020 President Elect and 2021 President of CREW Dallas &ndash; the North Texas chapter of the national Commercial Real Estate Women (CREW) organization, a national business network of more than 11,000 members dedicated to transforming the commercial real estate industry by advancing women globally.<br /> <br /> CREW Dallas, with an average annual membership of 350, describes itself as &ldquo;the leading organization for decision-making executive women, providing opportunities for networking, education, leadership development and civic/philanthropic involvement.&rdquo; It showcases member expertise and successes and serves as a resource to its members and the commercial real estate industry. CREW Dallas&rsquo; members represent all aspects of commercial real estate &ndash; offering direct access to real estate professionals across all geographies and disciplines.<br /> <br /> McLaughlin, a member of Bell Nunnally&rsquo;s Real Estate and Commercial Finance practice areas, has been a member of CREW Dallas since 2002 and received CREW Dallas&rsquo; Future Vision Award in 2010. She also served on CREW Dallas&rsquo; Board of Directors from 2015-2016, co-chaired the Sponsorship Committee and was a CREW in the Community Trustee in 2016. She is also a founder of the CREW Austin chapter.<br /> <br /> To learn more about CREW Dallas, please click <a href="">here</a>.<br />News19 Sep 2019 00:00:00 -0800 Lowenstein Named as a "Master of the Inn" on Behalf of the Executive Committee of the Patrick E. Higginbotham American Inn of Court Jeff Lowenstein has been welcomed as a &ldquo;Master of the Inn&rdquo; on behalf of the Executive Committee of the Patrick E. Higginbotham American Inn of Court. The American Inns of Court focus on litigation and a commitment to excellence, civility, professionalism and ethics in the legal profession. <br /> <br /> Lowenstein is a member of the Masters category, an esteemed group of the most experienced lawyers who are granted unlimited terms. Fellow Masters of the Inn include the United States Attorney, two U.S. District Judges, a Fifth Circuit Justice and several Texas appellate and district court judges, among others.<br /> <br /> Lowenstein&rsquo;s practice focuses on the representation of businesses and individuals in a variety of complex commercial matters and business disputes. Jeff has substantial experience representing developers, investors, management and owners in claims involving real property including construction defects, leasing disputes, contract disputes and partnership disputes. He also frequently represents clients in lawsuits involving intellectual property claims, including patent, copyright, and trademark infringement and misappropriation of trade secrets. Lowenstein has tried lawsuits, both jury and nonjury, in a variety of forums throughout Texas, including state court, federal court, bankruptcy court and arbitration.<br />News16 Sep 2019 00:00:00 -0800