http://www.haynesboone.com/ Publications authored by Haynes and Boone lawyers and professionals. en-us Fri, 10 Sep 2010 02:41:29 GMT Fri, 10 Sep 2010 02:41:29 GMT http://www.haynesboone.com/files/Publication/0128cb39-ed90-4177-8923-86bc34385d5e/Presentation/PublicationAttachment/77f72504-f664-4a6c-ae5b-89fb5016f1f0/Biologics_WolfsonUy.pdf Publication 0128cb39-ed90-4177-8923-86bc34385d5e Wed, 08 Sep 2010 00:00:00 GMT http://www.haynesboone.com/files/Publication/13e9fe05-e3ae-45d0-9a2c-9a1f1327d37e/Presentation/PublicationAttachment/8c14cc7b-4042-429c-a3c2-9f8690848fee/Counterfeiting_Mencher.pdf Publication 13e9fe05-e3ae-45d0-9a2c-9a1f1327d37e Wed, 08 Sep 2010 00:00:00 GMT http://www.haynesboone.com/files/Publication/2f9ab90c-30bc-41f8-a953-a31470412c21/Presentation/PublicationAttachment/7d164f5e-a72e-46d5-80b9-b0395430c26c/InsuranceCoverage_Baroody.pdf Publication 2f9ab90c-30bc-41f8-a953-a31470412c21 Wed, 08 Sep 2010 00:00:00 GMT You are the winning party in a lawsuit, and the judge asks you to prepare a proposed judgment. You turn to the rules. Judgments are generally governed by Rules 300-316 of the Texas Rules of Civil Procedure. TEX. R. CIV. P. 300-16. You soon discover the rules aren’t much help, as only a handful address judgment formation.  http://www.haynesboone.com/Formation_of_Judgment_2010 Publication 24b52261-d67c-45c2-9bb7-6c078fe7d784 Thu, 02 Sep 2010 00:00:00 GMT Companies are now required to grant proxy access to director nominees submitted by shareholders pursuant to new rules adopted by the Securities and Exchange Commission (the "SEC") on August 25, 2010.  The series of amendments to the federal proxy access rules, passed by a 3-2 vote, is designed to facilitate shareholders' rights to nominate directors by requiring a company to include shareholder nominees in the company's proxy materials. The new rules defer to applicable state law and a company's governing documents regarding whether shareholders have the right to nominate directors. If shareholders have the right to nominate directors under state law or a company's governing documents, then state law or a company's governing documents cannot regulate or prevent access to the company's proxy statement for such nominees. http://www.haynesboone.com/SEC_Adopts_New_Rules_Nominate_Directors Publication 49417491-bcc9-49fc-a35f-4b468af1843e Wed, 01 Sep 2010 00:00:00 GMT Congress intended for arbitration to be a faster, less expensive alternative to litigation. Businesses frequently include arbitration clauses in their contracts in an attempt to avoid the time and costs associated with the traditional court system. But judging from the steady stream of arbitration-related decisions emanating from state and federal courts in recent years, even the most “air-tight” arbitration clause cannot guarantee that disputes will be resolved without judicial intervention. http://www.haynesboone.com/Arbitration-Related_Litigation_in_Texas Publication 866edc40-6ef8-484e-b74c-7904f4b8a028 Sun, 15 Aug 2010 00:00:00 GMT In a case of first impression, the United States Court of Appeals for the Fifth Circuit overruled the decisions of the United States Bankruptcy Court and the United States District Court for the Southern District of Mississippi and held that a chapter 15 proceeding may be used to pursue foreign law avoidance actions against defendants and assets in the United States. http://www.haynesboone.com/Cross-Border_Insolvency_Bloomberg Publication 56fc19b5-bc38-4009-a21e-414837b0398d Mon, 09 Aug 2010 00:00:00 GMT The United States Supreme Court recognizes the attorney-client privilege as “one of the oldest recognized privileges,” meant to encourage attorneys to “provide candid advice and effective representation” and to further “broader public interests in the observance of law and administration of justice.” http://www.haynesboone.com/Mohawk_Limited_Interlocutory_Review Publication 3b0cd237-44f9-4e52-9ac5-1d44baa7e6fd Mon, 09 Aug 2010 00:00:00 GMT This paper summarizes the “arbitrability” cases decided by the United States Supreme Court in the 2009-10 term, as well as the significant federal courts of appeals cases decided between January 2009 and June 2010, when this paper went to press. http://www.haynesboone.com/Significant_2009-10_Arbitrability_Cases Publication 686eaf26-4691-4fc5-bc5e-00033aeca45d Sun, 08 Aug 2010 00:00:00 GMT Idle jottings, doodles, and vague notes taken during corporate board meetings can sabotage defenses against even the most specious claims raised in subsequent litigation. http://www.haynesboone.com/Should_I_Take_Personal_Notes_in_Board_Meetings Publication ac15bce5-74aa-4adc-a7cf-d6eadc850b2d Fri, 06 Aug 2010 00:00:00 GMT Haynes and Boone has prepared an overview of provisions under the Miner Safety and Health Act of 2010 pending in the House, which would amend the OSHA Act. http://www.haynesboone.com/Overview-Proposed_Changes_to_OSHA_Act Publication 3de05ee5-aeca-43ad-a9a9-092d2712baad Tue, 03 Aug 2010 00:00:00 GMT This article highlights the top five mistakes an employer might make with respect to the The Patient Protection and Affordable Care Act, provides more detail regarding the requirements of the Act and lists action items for employers and their group health plans. http://www.haynesboone.com/Healthcare_Reform_Mistakes_To_Avoid Publication 682ce3e6-825a-475c-aaf9-b64537835ce5 Sun, 01 Aug 2010 00:00:00 GMT To download the Haynes and Boone analysis, slide presentation and webinar audio, please click here. http://www.haynesboone.com/dodd-frank_financial_reform_2010_compilation Publication 8c8171cb-044b-4051-955c-2a9d5529a28d Wed, 21 Jul 2010 00:00:00 GMT Americans everywhere are familiar with the iconic Pennsylvania image of Drake's Well in Titusville, the first oil well in America. Nowadays, oil and gas are often extracted from "tight" rock formations that do not allow for "gushers" like in the old movies. http://www.haynesboone.com/Shale_wells_are_well-regulated Publication b277e069-7b26-46ec-8a3a-0282a0bb0908 Fri, 16 Jul 2010 00:00:00 GMT The Patient Protection and Affordable Care Act, as amended by the Health Care and Education Reconciliation Act (together, the "Act"), popularly known as "healthcare reform," significantly alters employer and insurer responsibilities with respect to providing group health plan coverage to employees. http://www.haynesboone.com/Grandfathered_Health_Plans_7-14-10 Publication 01af3b66-d6cd-449f-8207-07f00350d95f Wed, 14 Jul 2010 00:00:00 GMT In a presentation to the State Bar of Texas at its annual meeting, David Bell reviewed questions and challenges arising in connection with selection and introduction of a brand from a trademark law perspective. http://www.haynesboone.com/selecting_launching_brand Publication 6ce0b539-04d1-460e-8d89-42f0d41be4f2 Sat, 10 Jul 2010 00:00:00 GMT The Dodd-Frank Wall Street Reform and Consumer Protection Act, as reconciled, has been passed by the House and could be voted on in the Senate shortly. President Obama has indicated that he would sign the bill. http://www.haynesboone.com/Dodd-Frank_Wall_Street_Reform Publication 72d9a2ab-ce67-4524-9897-bba05500d9aa Wed, 07 Jul 2010 00:00:00 GMT Judge Shira A. Scheindlin of the Southern District of New York, author of the Zubulake opinions, recently released the opinion in Pension Committee v. Banc of America. The opinion, subtitled “Zubulake Revisited: Six Years Later,” seeks to clarify the standards established in the Zubulake opinions. http://www.haynesboone.com/ESI_Preservation_and_Collection_TYLA Publication a37c3e1d-dbb4-473b-8529-2c36bb50321f Thu, 01 Jul 2010 00:00:00 GMT Green building is here to stay...But with new green designs and products, new liabilities arise. What if an architect fails to deliver on an agreement to design a project to be LEED-certified? http://www.haynesboone.com/Insurers_sureties_slow_to_respond Publication 9d341dd2-e9ae-4807-9d58-204c28509b9b Fri, 25 Jun 2010 00:00:00 GMT Presented to the Dallas Bar Association Intellectual Property Section. http://www.haynesboone.com/Patent_Reexamination_Dustin_Johnson Publication cc5df06d-9a1d-4b60-ab67-6944c7dc9de7 Fri, 25 Jun 2010 00:00:00 GMT Reproduced with permission from Headnotes, a publication of the Dallas Bar Association, July 2010, Vol. 34, No. 7. http://www.haynesboone.com/Bankruptcy_Code-Single_Asset_Real_Estate Publication 996c65bd-759c-481d-9d3e-7d9ca317c909 Fri, 25 Jun 2010 00:00:00 GMT Presented at the 47th Annual Symposium on Global Markets, Center for American and International Law, June 16, 2010. http://www.haynesboone.com/Preparing_Entry_New_Markets Publication 13eddc91-bac5-4c85-aa22-0a15d32f6ee4 Wed, 16 Jun 2010 00:00:00 GMT On March 21, 2010, the House of Representatives passed the Patient Protection and Affordable Care Act (“PPACA”), signed into law on March 23, 2010. The health care reform law will make far-reaching changes to the United States health care system over the next several years. http://www.haynesboone.com/Law360_Health_Care_Reform_101-For_Employers Publication 25b8ed2d-0d93-4fc1-9199-a4fbc1c43df9 Mon, 14 Jun 2010 00:00:00 GMT On May 4, 2009, the United States Supreme Court issued its opinion in two consolidated cases, Burlington Northern and Santa Fe Railway Co. v. United States (“BNSF”) (No. 07-1601) and Shell Oil Company v. United States, (“Shell”) (No. 07-1607), 129 S. Ct. 1870 (2009), on the related issues of joint and several liability and arranger liability under Section 107 of the Comprehensive Environmental Response Compensation and Liability Act, commonly referred to as CERCLA or Superfund. http://www.haynesboone.com/The_Practical_Impacts_of_Burlington_Northern Publication 74e883cb-984b-46a0-923b-00215b0e555a Mon, 14 Jun 2010 00:00:00 GMT This article in Latin American Law & Business Report analyzes important labor law developments in Chile, Peru, Argentina, and Uruguay. In particular, it will focus on (a) discrimination claims in these respective countries and how and when they may arise, (b) trends and new developments in labor law, (c) areas of greatest activity in the respective countries, and (d) M&A considerations, including the acquired rights doctrine,restrictions on outsourcing, and other issues. http://www.haynesboone.com/Pascal_on_SA_Labor_Law Publication 5b9e387b-ca3e-4521-976f-3cdee2bfbad1 Thu, 10 Jun 2010 00:00:00 GMT "South American Labor Issues," presented as part of panel discussion on Emerging Issues in International Law, State Bar of Texas International Law Section, June 10, 2010. http://www.haynesboone.com/South_American_Labor_Issues Publication 3ccd223c-27f1-45ca-9013-27ef94314679 Thu, 10 Jun 2010 00:00:00 GMT Congress enacted the Foreign Corrupt Practices Act to prevent corporate bribery of foreign officials. The number of FCPA actions initiated by the United States Department of Justice and the U.S. Securities and Exchange Commission has skyrocketed over the past few years. http://www.haynesboone.com/Erika_Blomquist_Guest_Column Publication 727809a6-fa53-49fa-80d5-1ebbaa1fb27b Tue, 08 Jun 2010 00:00:00 GMT Certainty in business translates into increased expenses for both buyers and sellers, or in the chapter 11 context, debtors and creditors. The Eleventh Circuit Court of Appeals has increased debtors’ and creditors’ costs of doing business by issuance of its opinion in Marathon Petroleum Co. v. Cohen (In re Delco Oil Inc.), 599 F.3d 1255 (11th Cir. 2010). http://www.haynesboone.com/Doing-Business-Is-Not-Cheap-How-the-Eleventh-Circuit-Has-Increased-Operation-Expenses-for-Debtors-and-Creditors-06-03-2010 Publication 8a4d707d-d0c3-4ca7-822d-018eb616d976 Thu, 03 Jun 2010 00:00:00 GMT In today’s distressed economy, secured creditors are continually faced with the situation in which a borrower is unable to meet its payment obligations, and the value of the underlying collateral is less than the amount owed. Upon the borrower’s default, the secured creditor must quickly evaluate the situation and decide which remedy allows the creditor to enforce its security interest efficiently and maximize its return on collateral. http://www.haynesboone.com/Consider_a_Receiver Publication 99207f04-ef69-45f8-a978-b5d9e3909496 Thu, 03 Jun 2010 00:00:00 GMT A company’s cost of electricity and natural gas can have a direct effect on its profitability. Whether it is a manufacturing company depending on energy supply or an energy distribution company (i.e., a “pipes and wires” utility), outsourcing can be an effective tool to manage energy supply services. http://www.haynesboone.com/Energy_Supply_Management Publication 01562ebb-3298-416d-b77e-8c7ae39248c3 Tue, 01 Jun 2010 00:00:00 GMT In this article, the Erin Burrows and F. John Podvin, Jr. briefly review the Federal Deposit Insurance Corporation’s powers to facilitate a failed bank’s orderly liquidation, dissolution, asset sale and/or merger. When a bank is declared insolvent, the authors advise all counterparties to review the specific provisions of their contracts with the failed bank to evaluate the likelihood of, and prepare a response to, the receiver’s exercise of its repudiation powers and authority under the D’Oench Duhme doctrine. http://www.haynesboone.com/FDIC_SuperPowers Publication e294fcc4-6499-4226-87cd-38f7bdd7a6ef Fri, 28 May 2010 00:00:00 GMT What it means, what you need to know related to your organization, and application case studies. http://www.haynesboone.com/Guide_to_FAS_117-1 Publication e766675b-5bd5-4a44-8bb0-8ce48c377678 Mon, 24 May 2010 00:00:00 GMT Beleaguered companies no longer take years to work out their financial troubles in bankruptcy court. Instead, arrangements are negotiated with major lenders beforehand. Bankruptcies now come prepackaged. http://www.haynesboone.com/Quicker_Resolutions Publication fd4191ba-d7a5-4566-ab97-1e04c4007407 Fri, 21 May 2010 00:00:00 GMT The Texas Ethics Commission (TEC) recently adopted an advisory opinion that gives all corporations and unions some degree of certainty if they choose to make direct campaign expenditures, the Texas equivalent of the “independent expenditures” the U.S. Supreme Court addressed in Citizens United v. Federal Election Commission. http://www.haynesboone.com/Texas_Ethics_Commission_Reacts_to_Citizens_United Publication 5415de2c-4e91-48e3-828b-00256e5c0b8b Mon, 17 May 2010 00:00:00 GMT Phillip Philbin was named on of The Defenders, the Dallas Business Journal's presigious listing of the top North Texas Defense lawyers. http://www.haynesboone.com/phillip_philbin_defender Publication ac273a13-12c1-4058-a96f-7e9c5f1dd5af Fri, 14 May 2010 00:00:00 GMT This paper is designed to provide a brief update of recent decisions of note that concern various ethical issues bankruptcy attorneys often encounter, focusing on conflicts of interest and privilege issues. http://www.haynesboone.com/Where_Wild_Things_Are Publication 7ce5f34b-2252-4735-a533-2492c3516a4d Fri, 14 May 2010 00:00:00 GMT Most of the time, a company's board, senior management, general counsel, and outside counsel work as a team. After all, each has a duty to serve the company’s interests. In fact, directors and senior management often consult with company counsel on matters and decisions that may materially impact the company and them. http://www.haynesboone.com/Weighing_in_Who_is_my_lawyer Publication 970de688-0c65-4afe-a7b3-77b0e3effa80 Tue, 11 May 2010 00:00:00 GMT This paper describes steps to be taken when preparing for an appeal. http://www.haynesboone.com/Preparing_for_Appeal Publication 98d30c06-c738-4760-8e97-1a047f5324fa Fri, 07 May 2010 00:00:00 GMT http://www.haynesboone.com/The_IP_Beacon_May_2010 Publication 021b817a-88d6-4cfd-9c8c-5efe73894988 Fri, 07 May 2010 00:00:00 GMT Haynes and Boone partner and leader of the Iraq practice discusses the political and economic risks involved in doing business in Iraq in Iraq’s Petroleum Industry: Unsettled Issues, published by the Middle East Institute, Washington, D.C. http://www.haynesboone.com/Iraq_Petroleum_Industry_Fono Publication 7f074439-b4ca-48aa-bb2c-04590dc33ace Wed, 05 May 2010 00:00:00 GMT http://www.haynesboone.com/files/Publication/fd55d0ed-bec9-461c-81b3-9ad62c747489/Presentation/PublicationAttachment/3fdcda05-b581-4ed4-824f-9b6f1b5d4da9/i4i_v_Microsoft.pdf Publication fd55d0ed-bec9-461c-81b3-9ad62c747489 Tue, 04 May 2010 00:00:00 GMT http://www.haynesboone.com/files/Publication/87e9338b-0a36-455d-8920-3c0179cded21/Presentation/PublicationAttachment/30cb695f-9d12-42e0-8422-466037ac8e40/HP_v_Acceleron.pdf Publication 87e9338b-0a36-455d-8920-3c0179cded21 Tue, 04 May 2010 00:00:00 GMT http://www.haynesboone.com/files/Publication/473f5499-4c8e-4317-8b4c-0d699033e598/Presentation/PublicationAttachment/766c2f71-ad58-438b-8c1e-333515fb5bc1/Crocs_Patent_Bite.pdf Publication 473f5499-4c8e-4317-8b4c-0d699033e598 Tue, 04 May 2010 00:00:00 GMT http://www.haynesboone.com/files/Publication/8108f1c2-7150-4e56-a267-49d97ad86590/Presentation/PublicationAttachment/aa6a8ebc-f45e-4187-8a5b-519a7e328dc9/IP_in_Latin_America.pdf Publication 8108f1c2-7150-4e56-a267-49d97ad86590 Tue, 04 May 2010 00:00:00 GMT http://www.haynesboone.com/files/Publication/c05fbdea-41b3-4e84-9ae5-046aed041957/Presentation/PublicationAttachment/cdb282c5-a089-4de7-b371-09f2c08ee56f/Obviousness-Type_Double_Patenting.pdf Publication c05fbdea-41b3-4e84-9ae5-046aed041957 Tue, 04 May 2010 00:00:00 GMT http://www.haynesboone.com/files/Publication/9bbac289-c2c6-447a-ad82-77d39b4ef017/Presentation/PublicationAttachment/1b2be6bc-dcb4-470c-8f96-8201c49ed0ec/Proposed_Patent_Reform_Act_2010.pdf Publication 9bbac289-c2c6-447a-ad82-77d39b4ef017 Tue, 04 May 2010 00:00:00 GMT http://www.haynesboone.com/files/Publication/885bc867-cb9b-456c-b79d-5b9e6cf900f9/Presentation/PublicationAttachment/a85bb550-8dea-4862-93a4-5d457bd949eb/Patent_Reexamination_Trends_2010s.pdf Publication 885bc867-cb9b-456c-b79d-5b9e6cf900f9 Tue, 04 May 2010 00:00:00 GMT http://www.haynesboone.com/files/Publication/f25c1457-d52e-4b3f-bf30-a68012b6fceb/Presentation/PublicationAttachment/9e0dc569-ce24-4f92-84fa-adb938459ef1/Reissue_Denied_Tanaka.pdf Publication f25c1457-d52e-4b3f-bf30-a68012b6fceb Tue, 04 May 2010 00:00:00 GMT Federal Rule of Bankruptcy Procedure 2019 requires every committee in a chapter 9 or chapter 11 bankruptcy case “representing” more than one creditor or equity security holder to file a verified statement containing certain disclosures, such as the amount of claims held by members of the committee, the dates the members acquired their claims and the amounts paid for the claims. http://www.haynesboone.com/Rule_2019 Publication 7a3a5ff8-2fff-447a-8e9d-237a26088e92 Mon, 03 May 2010 00:00:00 GMT This research brief reviews the literature on deradicalization and evaluates the methodology of deradicalization programs, based on the research identifying individual motivations for entering and exiting terrorist organizations, providing comparison with relevant findings in the literatures on “deprogramming” of cult members and “deganging.” http://www.haynesboone.com/Deradicalization_Review_of_Literature Publication fcbea981-958d-4516-91d5-8292f9dface0 Sat, 01 May 2010 00:00:00 GMT Purchasing cooperatives present significant benefits to their owners and to the franchise systems that are fortunate to benefit from the expertise and quality goods and services they can provide. This Franchising World article by Suzy Loonam looks at the potential opportunities and challenges. http://www.haynesboone.com/purchasing_cooperatives Publication 85353556-1706-4bb8-baaf-557aa411536b Sat, 01 May 2010 00:00:00 GMT Reproduced with permission from Headnotes, a publication of the Dallas Bar Association, May 2010, Vol. 34, No. 5. http://www.haynesboone.com/TX_Supreme_Court_Hard_Drives Publication c6ad407e-d61a-42e5-adcb-c234d570b16a Sat, 01 May 2010 00:00:00 GMT Haynes and Boone, LLP Partner Larry Pascal hosted a seminar addressing important business and legal developments in Costa Rica, including opportunities in the electricity, telecommunications, transporation infrastructure, insurance, outsourcing and the real estate sector. Given the presidential elections in Costa Rica in February 2010 and the ongoing implementation of CAFTA, the presentation offered timely information about investment opportunities in this country. http://www.haynesboone.com/Investment_Opportunities_in_Costa_Rica Publication 0f7e69de-be6e-4e6b-8486-687269f2008e Tue, 27 Apr 2010 00:00:00 GMT This article includes topics presented in a Program and Panel Discussion at the American Bar Association Section of Business Law Spring Meeting: 28th Annual Review of Developments in Business Financing. http://www.haynesboone.com/Corporate_Debt_Market_and_Credit_Derivatives Publication 0d36e43f-007a-4574-a0a9-a87ac16266c2 Fri, 23 Apr 2010 00:00:00 GMT Texas has always had constitutional or statutory provisions permitting unpaid contractors or materialmen to file a lien against the property that their labor or materials have improved. The lien itself is simply a mechanism to ensure contractors and materialmen have a means to secure payment for their work or materials. http://www.haynesboone.com/Perfecting_Private_Lien-Bond_Claim Publication bc2c1d28-1063-46f7-8aaa-c12fb1decbc2 Wed, 21 Apr 2010 00:00:00 GMT An overview of Haynes and Boone's Americas Practice Group. http://www.haynesboone.com/Americas_Practice_Group_Overview Publication bbc8442a-0e45-4bc6-93ee-a7d3c3b044e0 Fri, 16 Apr 2010 00:00:00 GMT Effective motion practice requires more than just persuasive skills, alluring facts or a killer opinion – it requires the ability to anticipate what an appeal might look like. http://www.haynesboone.com/Motions_Practice-Preserving_Issues Publication a626ca1c-cf6a-4ced-ba03-2a50a723384d Thu, 15 Apr 2010 00:00:00 GMT Presented to the Energy Symposium hosted by The Texas Wesleyan Law Review. http://www.haynesboone.com/Texas_Supreme_Court_Update_Energy_Symposium Publication 884a4e36-d176-4f81-8e3c-6ee90fb7c99d Thu, 15 Apr 2010 00:00:00 GMT In April 2005, the Supreme Court issued its eagerly-awaited decision in Dura Pharmaceuticals, Inc. v. Broudo unleashing questions for how the decision would impact securities litigation. As its five year anniversary approaches, it is clear that Dura has lived up to the hype. Loss causation is now a key battleground at every stage of a case from lead plaintiff appointment through post-trial motions. In this publication, Haynes and Boone's Dan Gold assesses how loss causation issues are being treated by courts at the proof stages. http://www.haynesboone.com/dan_gold_loss_causation_at_proof_stage Publication c2cb5214-ead8-40a6-90c1-1453e2ed23ed Sat, 10 Apr 2010 00:00:00 GMT Webinar/teleconference presented by Strafford Publications, Inc., April 1, 2010. http://www.haynesboone.com/Minimizing_Bankruptcy_and_Foreclosure_Risks Publication 0f8936ba-0bf2-4d3b-8a8f-4ffee8f95d98 Thu, 01 Apr 2010 00:00:00 GMT This presentation to the ABA Section of Antitrust Law Spring Meeting in April 2010 provides an outline of ethics issues that arise from joint defense agreements. http://www.haynesboone.com/Ethics_Issues_Joint_Defense_Agreements Publication b968e606-fa0c-4447-b42d-93034b61d0b9 Thu, 01 Apr 2010 00:00:00 GMT The current difficult business environment poses many challenges to boards of directors. This outline is intended to assist board members in understanding the proper role and functioning of the board in the new political and regulatory environment in which we live. http://www.haynesboone.com/Board_of_Directors_Guide_2010 Publication 4e3e437b-2cce-4bd7-83f1-c0bb84e5db31 Tue, 30 Mar 2010 00:00:00 GMT Real estate is governed primarily by the state laws of each of the fifty United States. A combination of state statutory and common law governs such areas as future estates, concurrent ownership, landlord and tenant rights, servitudes, transfer of interests, and title insurance. http://www.haynesboone.com/ICLG_Guide_to_RE_2010_USA Publication 4a740ad6-075e-4458-aaa2-4b6bbbcef479 Mon, 29 Mar 2010 00:00:00 GMT This Article addresses the confluence of procedural changes that have shaped summary judgment practice. Judge David Hittner & Lynne Liberato, "Summary Judgments in Texas," 46 Hous. L. Rev. 1379 (2010). http://www.haynesboone.com/Summary_Judgments_in_Texas_2010 Publication ec3f477e-b0be-4293-aafa-0837f2618ae3 Fri, 26 Mar 2010 00:00:00 GMT Presented at the Cluster de Energía conference in Bilbao, Spain on March 25, 2010. http://www.haynesboone.com/Cluster_de_Energia Publication f5267ad2-7073-4168-b735-6bc126837e84 Thu, 25 Mar 2010 00:00:00 GMT Presented at the 2010 Southeastern Bankruptcy Law Institute Seminar, March 19, 2010. http://www.haynesboone.com/Lessons_from_Mega_Cases Publication c262bd25-1eb3-4e33-9fe7-7097972de15f Fri, 19 Mar 2010 00:00:00 GMT Presented at the 2010 Southeastern Bankruptcy Law Institute Seminar, March 18, 2010. http://www.haynesboone.com/Recent_Anomalies_and_Contradictions Publication e4db4b62-cca6-435e-a963-5be49963ccd1 Thu, 18 Mar 2010 00:00:00 GMT Presented at the American Bankruptcy Institute 2009 Caribbean Insolvency Symposium on February 5-7, 2009. Will also be presented at the Practicing Law Institute's 32nd Annual Current Developments in Bankruptcy & Reorganization in New York City on April 19-20, 2010. http://www.haynesboone.com/Sauce_for_the_Goose Publication 79bcfa01-3a19-4327-94e3-31a595f5ef4b Tue, 16 Mar 2010 00:00:00 GMT Purchasing cooperatives pose a unique opportunity for franchise systems to utilize joint collaboration between the franchisor and franchisees and reduce basic costs. Purchasing cooperatives have legal issues most franchise practitioners do not often encounter, but as this article indicates, none should be insurmountable. http://www.haynesboone.com/Purchasing_Cooperatives_Leveraging_a_Supply_Chain Publication 0deb6fb1-5eef-4669-9e53-5ff261739a59 Mon, 15 Mar 2010 00:00:00 GMT E-discovery is complex, expensive and daunting for attorneys who are not computer savvy. It is also a potential minefield. © Bloomberg Finance L.P. 2010. Originally published by Bloomberg Law Reports. Reprinted by permission. http://www.haynesboone.com/ESI_Preservation_and_Collection Publication 461add42-2421-4597-8180-fe15c5ef37f6 Tue, 09 Mar 2010 00:00:00 GMT The 1999 Amendments to the Texas Rules of Civil Procedure address the discovery of “electronic or magnetic data” (ESI), but the amendments provide little practical guidance. In this article, Philip Bridwell offers several general observations based on cases addressing discovery of ESI under the Texas rules. http://www.haynesboone.com/bridwell_ediscovery_texas Publication 6bb7ad3c-5782-4f56-a290-2fefafcf1aae Mon, 01 Mar 2010 00:00:00 GMT This memorandum offers an overview of all recorded cases in U.S. courts where parties invoke the French blocking statute, or the Hague Convention (as it applies to France), or both. Its goal is to familiarize future litigants with the issues that typically arise in these cases, to summarize the most important court rulings, and to help these litigants prepare their arguments effectively. http://www.haynesboone.com/French_Blocking_Statute Publication 593e9bf1-7107-4f6a-941b-ce8a62db8aae Mon, 01 Mar 2010 00:00:00 GMT Stan Perry, a partner at Haynes and Boone, LLP in Houston, Texas was among the attorneys who successfully represented Shell in a product liability case involving inadequate warnings and negligence. http://www.haynesboone.com/Perry_DRI_Excerpt_Shell Publication 74204716-4d12-4397-9540-471017bcea0a Wed, 24 Feb 2010 00:00:00 GMT An overview of the U.S. Department of Energy Loan Guarantee Program presented as part of the Financial Institution Partnership Program, February 2010. http://www.haynesboone.com/Loan_Guarantee_Presentation Publication e45ba16c-ec5d-49ef-a799-9bd3fbba6979 Mon, 15 Feb 2010 00:00:00 GMT http://www.haynesboone.com/Halliburton_Fifth_Circuit_08-11195 Publication 9ad0e10a-d595-4aaf-8c54-2c9ff7e37ff5 Fri, 12 Feb 2010 00:00:00 GMT The Securities and Exchange Commission encountered repeated difficulties in its enforcement and compliance programs during 2009 and is now fighting to keep the SEC alive. This paper discusses current developments in the SEC's enforcement program. http://www.haynesboone.com/addleman_gold_developments_in_sec_enforcement Publication d5a9de3f-220e-4dd6-8c70-5b161be54807 Thu, 11 Feb 2010 00:00:00 GMT Prior to 1987, the sentence imposed on a federal criminal defendant in the United States was left largely to the discretion of the sentencing judge. In 1984, Congress passed the Sentencing Reform Act, delegating broad authority to the United States Sentencing Commission. In 2005, the mandatory sentencing under the Guidelines changed again as a result of a United States Supreme Court decision. Today, federal judges must consider, but are not bound by, the Sentencing Guidelines. Still, many district court judges are hewing closely to the Guidelines. As such, one should not wait to engage in an analysis of the Guidelines application to a potential corporate antitrust offense. http://www.haynesboone.com/ICW_Guidelines Publication 3ab4ca46-30a3-4f9a-9fe2-2529c8925573 Wed, 10 Feb 2010 00:00:00 GMT As an investment adviser, you make your living by predicting, weighing, and ranking risks for your clients. But do you pay equal attention to the risks that you and your firm face? As we leave behind the tumultuous Aughts, now is the perfect time to revisit your compliance policies and internal controls to ensure that you are doing everything possible to safeguard your firm’s future. http://www.haynesboone.com/Managing_Risk_Investment_Advisers Publication f818295f-3566-42ef-bfeb-b0ba3295bd51 Mon, 08 Feb 2010 00:00:00 GMT Haynes and Boone Partner Kendyl Hanks participated in "Pointers for the New Partner," a session of the ABA Midyear Meeting, sponsored by the Young Lawyers Division. http://www.haynesboone.com/Kendyl_Hanks_Offers_Pointers Publication e179feed-7dfe-4159-aed5-210432c798e8 Sun, 07 Feb 2010 00:00:00 GMT You've found an investor who's willing to make a substantial investment in your biotech company—that's great news. But after the handshake, the next thing is to negotiate the term sheet outlining the structure of the transaction to ensure a true meeting of the minds. http://www.haynesboone.com/Coming_to_Terms Publication 86c42bc5-bb37-4cf5-b0a6-695bba24ff99 Mon, 01 Feb 2010 00:00:00 GMT This article discusses U.S. drug labeling strategies used by brand (also referred to as innovator) and generic pharmaceutical companies, including the most recent proposed drug labeling changes in the Access to Affordable Medicines Act (AAMA). http://www.haynesboone.com/Access_to_Affordable_Medicines_Act Publication 559a284a-5af5-4978-970c-77cac044e444 Mon, 01 Feb 2010 00:00:00 GMT What do appellate judges find persuasive? What common practices frustrate them? The Texas Rules of Appellate Procedure tell you what you can and cannot do, but they cannot answer questions like these. This article provides a glimpse inside the mind of an appellate judge. http://www.haynesboone.com/Inside_Mind_of_Appellate_Judge Publication d623b4d9-f9c0-493f-90e7-f862fc41b306 Mon, 01 Feb 2010 00:00:00 GMT Leaks of material non-public information from a publicly traded company can give rise to insider trading by recipients of that information. In most cases, the leakage occurs without any wrongful action by the company whose securities are implicated. http://www.haynesboone.com/Lessons_from_Recent_Insider_Trading_Cases Publication 292a80bc-9611-41d8-95e7-b8177842343d Mon, 01 Feb 2010 00:00:00 GMT Compliance Week editor Matt Kelly talks with Eden Rohrer of the law firm Haynes Boone about new guidance from FINRA on social media usage among financial-sector workers. http://www.haynesboone.com/FINRA_Guidance_on_Social_Media Publication e7111f6f-ab6a-4d82-987d-961248bc143e Fri, 29 Jan 2010 00:00:00 GMT The recent economic tumult brings to the forefront the issue of fiduciary duties in the context of insolvency – an unfortunate circumstance faced by an increasing number of boards of directors and shareholders in these troubled times. The fact, or threat, of insolvency can dramatically alter the prism under which a director or controlling shareholder’s conduct will be scrutinized. http://www.haynesboone.com/Fiduciary_Duties_in_Troubled_Times_2010 Publication 81498eea-3413-4d12-9b17-1e733e36e039 Wed, 27 Jan 2010 00:00:00 GMT http://www.haynesboone.com/files/Publication/e92f5a6c-da65-4b33-8424-6c85faf64713/Presentation/PublicationAttachment/b0ac2640-873e-432a-8e77-71eb7965d94b/Stanford%20Opinion.pdf Publication e92f5a6c-da65-4b33-8424-6c85faf64713 Wed, 27 Jan 2010 00:00:00 GMT Presentation slides and "Quick Tips" from the INTA U.S. Roundtable - January 2010 http://www.haynesboone.com/INTA_Roundtable_Policing_Trademarks Publication 2720365d-50ac-4afb-82dc-2deff0527244 Thu, 21 Jan 2010 00:00:00 GMT http://www.haynesboone.com/files/Publication/d584370c-83c2-4df4-9ede-17c7abe5aa5d/Presentation/PublicationAttachment/a302b13c-788b-4ee8-860a-490697b2f697/Federal_Circuit_Affirms_Longer_Patent.pdf Publication d584370c-83c2-4df4-9ede-17c7abe5aa5d Wed, 13 Jan 2010 00:00:00 GMT http://www.haynesboone.com/files/Publication/1005e763-11bf-403e-84bc-01e72f0d6b12/Presentation/PublicationAttachment/0399665a-4221-48ff-bed0-0a1bd7dfb29f/Answering_New_Test_Invalidating_Design_Patents.pdf Publication 1005e763-11bf-403e-84bc-01e72f0d6b12 Mon, 11 Jan 2010 00:00:00 GMT http://www.haynesboone.com/files/Publication/8eeef340-66bb-4ae6-9478-6ba3c1b4031f/Presentation/PublicationAttachment/fa168060-426c-4dad-b437-71a5db1f5f53/Attorney-Client_Privilege_MA.pdf Publication 8eeef340-66bb-4ae6-9478-6ba3c1b4031f Mon, 11 Jan 2010 00:00:00 GMT http://www.haynesboone.com/files/Publication/c19b0a78-c84f-49b1-9cf9-fddf4b143075/Presentation/PublicationAttachment/d8e6615a-f28f-4a6d-b838-01b9f0c8046e/Taiwan_Semiconductor_Manufacturing_Deposits_Trade_Secret_Win.pdf Publication c19b0a78-c84f-49b1-9cf9-fddf4b143075 Mon, 11 Jan 2010 00:00:00 GMT http://www.haynesboone.com/files/Publication/2372d021-201e-4a2e-835f-5c192be25776/Presentation/PublicationAttachment/957c4556-2bf9-4f65-bb13-658b6ddb624e/Patents_in_China.pdf Publication 2372d021-201e-4a2e-835f-5c192be25776 Mon, 11 Jan 2010 00:00:00 GMT http://www.haynesboone.com/files/Publication/2551dd17-aed5-437c-b125-1e13af9191b1/Presentation/PublicationAttachment/e8a33e6b-e52c-4cf3-9aae-23ee22cef18a/Zipping_Your_Green_Tech_Patent_Application_Down_the_Line.pdf Publication 2551dd17-aed5-437c-b125-1e13af9191b1 Mon, 11 Jan 2010 00:00:00 GMT Enacted in 1980, the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA” or “Superfund”) discouraged parties from acquiring, financing, and developing contaminated properties - so-called Brownfields - by dramatically changing the scope of liability and corresponding risks for parties dealing with such properties. http://www.haynesboone.com/Transactional_Environmental_Due_Diligence-What_Diligence_is_Due Publication 68594cfc-8040-46e0-bf0f-aeffaba35b58 Tue, 05 Jan 2010 00:00:00 GMT In 2009, the U.S. Supreme Court issued a significant antitrust opinion and another opinion of profound importance with roots in antitrust law. At the same time, the Federal Trade Commission announced its decision in an antitrust dispute that might be interesting to anyone who has bought or sold a home recently. Finally, looking ahead to 2010, the Court is considering an appeal that may clarify when independent actors may be considered a single entity for antitrust purposes. http://www.haynesboone.com/2009_Year_in_Review_Antitrust Publication 99d2f3f4-4e5e-449f-928a-48f2d125ba46 Fri, 01 Jan 2010 00:00:00 GMT In 2009, the Texas Supreme Court came full circle in its approach to petitions for review. During the first half of the decade, the Court was highly selective in granting review, adding new causes to its docket at an average pace of 113 per year. But in 2005, the number of new causes shot up by 50 percent. Between 2005 and 2008, the court added an average of 147 new causes per year. In 2009, the court put its docket on a diet, adding just 106 new causes. http://www.haynesboone.com/2009_Year_in_Review Publication f8922c7d-1d19-4b3f-9851-54c59e790ae0 Fri, 01 Jan 2010 00:00:00 GMT Reproduced with permission from Headnotes, a publication of the Dallas Bar Association, January 2010, Vol. 34, No. 1. http://www.haynesboone.com/Conveying_Real_Property_Without Publication 42b882bb-865a-420f-999c-ebe5f7754a63 Fri, 01 Jan 2010 00:00:00 GMT Ce document résume les études à suivre, et les concours à passer, pour devenir avocat aux Etats-Unis. http://www.haynesboone.com/Devenir_avocat_aux_Etats-Unis Publication a63123fe-2d26-4331-908c-72d3460e5803 Tue, 22 Dec 2009 00:00:00 GMT The Texas Supreme Court has called for cooperation between parties in e-discovery: “A fundamental tenet of our discovery rules is cooperation between parties and their counsel, and the expectation that agreements will be made as reasonably necessary for efficient disposition of the case.” Partners Michael Warnecke and Bill Morrison discuss the implications with Texas Lawyer. http://www.haynesboone.com/TX_Lawyer_E-Discovery Publication a683e22d-22eb-4e28-b763-b0132b92616e Mon, 21 Dec 2009 00:00:00 GMT After toiling in the barren landscape of the financial sector for the last two years, M&A specialists are searching for any signs, however faint, that life exists within the frozen tundra that is our economy. And while no one can be certain what the immediate or long-term future holds for mergers and acquisitions activity, there are unquestionably some tender green shoots emerging from the soil that give us hope that the tide is indeed turning. http://www.haynesboone.com/manda_outlook_2010 Publication dd06498f-ef4f-4ff5-a7cd-31c4b6c2dfd6 Fri, 11 Dec 2009 00:00:00 GMT