John Allen Chalk, Sadie Harrison-Fincher, and Amber Altemose presented half-day briefings on “New Texas Workforce Commission Refund Policy” to career colleges and schools in Fort Worth-Dallas, El Paso, Houston, San Antonio, and Austin, Texas during November 2011.

Our congratulations to Rocky Schwartz who has been selected as one of 12 “2011 Power Attorneys” by the Fort Worth Business Press.  Rocky will be honored at luncheon on October 12 at the Fort Worth Club and will be featured in a special publication by the Fort Worth Business Press.  This is the fourth year for the Business Press  to recognize “Power Attorneys” and our law firm has had an honoree each of the four years – Mack Ed Swindle, Bob West, Rocky Schwartz, and JAC.

John was the speaker at the Tarrant County Bar Association Corporate Counsel Section meeting today.  He made a an excellent and very timely presentation to the membership entitled

Double Back-Pay, Attorneys’ Fees, Reinstatement and a Ten Year Statute of Repose – The SEC’s New Bounty System and its Whistleblower Anti-Retaliation Protections.

Eric Camp authored an article entitled “Conflicts Between Mineral Owners and Surface Owners” which the Dallas Bar Association published in its August 2011 “Headnotes” publication. The article is available at http://www.dallasbar.org/content/august-2011.

John Fahy authored an amicus brief in the Texas Supreme Court on shareholder oppression claims. 

http://www.supreme.courts.state.tx.us/ebriefs/files/20110447.htm

Sadie Harrison-Fincher and John Allen Chalk drafted legislation and provided legislative testimony and related support for the successful passage of Texas Senate Bill 1534 signed by the Texas Governor on June 17, 2011.  Texas Senate Bill 1534 amended the Texas Education Code §132.001(1) and (4).

In a case lasting well over 3 years ( filed 8.31.2007), Rocky Schwartz, as assisted by Tom Harkins, successfully achieved a defense verdict in a major computer software copyright infringement case brought by Gillani Consulting, Inc. against Ferguson Enterprises, Inc. Gillani sued Ferguson after Ferguson had acquired the assets of Full Service Supply(FSS), a Kennametal company. This Ferguson acquisition included, inter alia, FSS's computer software, including Gillani's claimed "Endura" copyrighted software. While Kennametal's use was licensed, Gillani claimed that Ferguson's use was unlicensed and thus infringing. During the course of the case, Gillani asserted that in excess of 60 separate copyright registrations were infringed. Gillani claimed damages ranging from $7M to in excess of $100M. In a series of summary judgment orders, Judge Reed O'Connor, USDC ND TX, dismissed all of Gillani's copyright claims and found Ferguson to be the "prevailing party."” Judge O'Connor, by Orders dated 3.22.11 and 4.21.11, awarded Ferguson its attorney's fees, out of pocket expenses and taxable costs of in excess of $1.55M.

John Allen Chalk testified in opposition to Texas House Bill 3360 (Aycock) before the Texas House Higher Education Committee on April 20, 2011.  HB 3360 proposed major increases in fees charged private postsecondary education institutions by the Texas Higher Education Coordinating Board.  As a result of Chalk’s testimony, the sponsor took down the bill from further consideration in this session of the Texas Legislature.

John Allen Chalk presented a paper at the American Bar Association’s Section of Dispute Resolution Annual Meeting in Denver, Colorado, on April 14, 2011.  The paper was entitled “Healthy Resolution of Healthcare Disputes.

John Allen Chalk testified in favor of Texas Senate Bill 1534 (Shapiro) on April 6 and 20, 2011, before the Texas Senate Economic Development Committee.  SB 1534 proposes to amend the Texas Education Code to allow out-of-state online higher education institutions who meet certain tests not to be subject to the jurisdiction of the Texas Workforce Commission.  The changes to the Texas Education Code proposed by SB 1534 were initially drafted by Sadie Harrison-Fincher, a regulatory lawyer in our firm.

John Allen Chalk is currently serving his third term as one of five members of the American Health Lawyers Association ADR Service Task Force that advises the ADR Service about the arbitration and mediation services provided to AHLA members.

John Allen Chalk will teach Law 1632 - Arbitration Practice and Advocacy - at Pepperdine University School of Law July 19 - 30, 2011.

John Allen Chalk, Sr. and Rebecca K. Eaton are co-authors of an article recently published in the Texas Wesleyan Law Review, Vol. 17, No. 1. "Having Your Cake and Condemning It Too: When Asserting the Power of Eminent Domain Constitutes Breach of an Oil and Gas Lease."

John Fahy appears in an article titled "Life for Broker-Dealers With An Expanded Definition of Fiduciary" written by Susan Mangiero on March 10, 2011.

John Fahy was elected and recognized by the Texas Bar Foundation as a Life Fellow for 2011.

Tom Harkins published articled "The Texas Accomodation Doctrine" in the field of Oil & Gas Law.

Thomas Brandon, John Allen Chalk, David Childress, Clark Cowley, Kendra Dias, John Fahy, Sadie Harrison-Fincher, Charles Gunter, Tim Malone, Matthew McDonald, Bruce McGee, Hunter McLean, Gerald Perry, Vernon E. Rew, Brent Shellhorse, Rocky Schwartz, Melinda Watts-Smith, Mack Ed Swindle, Bob West, and Wayne Whitaker recognized by Fort Worth City Magazine as Top Attorneys for 2010.

John Allen Chalk is a contributor to a recent publication by the Penn State College of Agricultural Sciences entitled “Negotiating Pipeline Rights of Way in Pennsylvania.”