11/13/15, 1:38 PMFall 2015 Newsletter - ACC Dallas-Fort Worth

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ACC Annual Meeting - Boston 2015DFW Board Members take a quick picture

'where everyone knows your name'.

Fall 2015 Newsletter

In this Issue:

Chapter News:

President's MessageMeet Our Newest Board Members

Sponsor Articles:

Recent Securities Law Reforms areChanging from No to YesJackson Walker LLP Managing Risk in 140 Characters or Less:#BrandsOnTwitter Thompson & Knight LLP The "Doers" Perspective: Fully Deploy theIntegrative Law Model Counsel on Call When Form Agreements Become Not SoSimple: An Update on New Agency Scrutiny of Common Release Provisions Littler Mendelson PC Reading Cases - The Key to Becoming a More Effective Contract Draftsperson Weil, Gotshal & Manges LLP Cybersecurity and Texas's Unauthorized Use of Identifying Information Act Sidley Austin LLP

Committee Spotlight - Pro Bono

Member Information

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Welcome New MembersTexas Lawbooks Special Subscription OfferFree CLE Luncheon Offer

Upcoming Events: Mark Your Calendars!

Pro Bono Happy Hour - Thursday, Nov. 12CLE Luncheon at III Forks - Thursday, Nov. 19Holiday Party at Braindead Brewing - Thursday, Dec. 10

President's Message

by Todd BowersPresident 2015-2016

Wow, what a year! It's hard to believe that we are fast approaching the end of 2015 and lookingforward to 2016.

Welcome to our 2015 4th Quarter Newsletter. As the new chapter president, I couldn't be moreproud of what ACC-DFW has accomplished this year or excited about what we have in store for2016. Just a few highlights:

WE ARE GROWING. In 2015, we blew past 800 members and are now firmly within the "LargeChapter" category established by the ACC. Our new members continue to contribute new ideasand fresh perspectives to our chapter. If you are a new member, we welcome you and hope youwill participate to make our chapter better. Our size gives us the opportunity to provide a morediverse range of resources to our members. Which leads me to...

WE ARE EXPANDING. As Kelly Turner, immediate past president, mentioned in her message atthis time last year, in 2015, we added a number of new initiatives this year focused on serviceopportunities, career development and diversity & inclusion in addition to our strong CLE andnetworking events. Which reminds me- check out the great events we have coming up betweennow and the end of the year. I hope you are able to make it to one or all of them.

WE ARE EXTENDING OUR PARTNERSHIPS. In addition to the new members, we brought onboard three brand new sponsors this year and expanded our opportunities to allow for moreattention to areas that you all have told us you care about. As we collaborate with more than 20sponsors, we are so grateful for their continued support and enthusiasm that allows us to provideeducation, networking and professional development at the highest level. We've included a numberof thought-provoking articles below that were authored by just a few of our sponsors. Feel free tofollow up with them directly if you have any questions.

All of this means that we have great things in store for 2016. Mark your calendars for the premier

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events we mention below and keep an eye out for invitations to all the other great events we haveplanned for the year.

Finally, thank you for your membership in ACC-DFW. We realize that we must continually work tobe a meaningful and worthwhile investment of your time and money. Our board is committed toproviding the right balance of programming and networking to encourage you to participate andstay connected. Please contact me or any of our board members if you have suggestions, want tojoin a committee or want to participate in any other way. We welcome your feedback!

I look forward to seeing you all in the coming year.

Best regards,Todd

Meet our newest ACC-DFW board members: Lauren MedoffSenior CounselAdvoCare International, LP

Lauren is from South Florida and received her bachelors at the University of Florida followed by aJD at the University of Miami and an LLM in food and agricultural law from the University ofArkansas. She started with AdvoCare International, LP in April 2012 and considers this her "dreamjob" with the opportunity to utilize her food law background and advise the company's dietarysupplement and food products and their direct selling business in general. Her passions are goodfood, college football (Go Gators!), family and traveling.

Michael ToddGeneral Counsel and SecretaryZoes Kitchen, Inc.

Michael has served as General Counsel and Secretary of Zoes Kitchen, Inc. (NYSE: ZOES) sinceAugust 2014. From May 2011 to July 2014, Mr. Todd served in various capacities including asExecutive Vice President and General Counsel of UnitedLex Corporation from May 2011 toOctober 2012. From June 2003 to May 2011, Mr. Todd worked at American Tower Corporation as aVice President-Corporate Counsel from 2003 to 2006 and as a Senior Vice President-CorporateCounsel and Assistant Secretary from 2007 to 2011. From 2008 to 2014, he also served as anAdjunct Professor teaching Securities Regulation at Campbell Law School. Prior to 2003, Mr. Toddserved as a Partner in the corporate group of Am Law 200 firm and as Senior Counsel at SEC. Mr.

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Todd received his J.D. from the University of Miami School of Law in 1991, and his B.A. fromBrown University in 1987.

Upcoming Events

Pro Bono Happy Hour

Thursday, Nov. 12 Click here to register

Come learn how to make adifference in a child's life at ourPro Bono Happy our onNovember 12. Following ahappy hour reception, DallasCASA will offer an informativepresentation about ways we aslawyers can help ensure thatabused children get the protection they need, including how to become a pro bono court appointedspecial advocate for children removed from their homes.

Ethics CLE Lunch at III Forks Thursday, Nov. 19Click here to register

Topic: Current Ethical Issues for GeneralCounsel Don't miss this interactive CLE presentationthat will incude audience response so thatparticipants can vote on the answers toethics questions imbedded in various factsituations.

Annual Holiday Party Thursday, Dec. 10Registration opens next week.

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__________________________________________________

2016 EVENTSSave the Date!

Annual CLO ForumThursday, Feb. 25Bush Institute

Annual Casino Partywith Baker & McKenzieSaturday, April 9

In-House SymposiumThursday, May 5Westin Galleria

Annual Meeting with Golf/SpaFriday, Sept. 16Four Seasons Resort

For details and registration to all events:Link to our website

Member Information 864! The board is happy to report thelargest membership in the history of theDallas-Fort Worth chapter at 864.

__________

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All members - please use this "Thanks!"coupon and receive one free CLE

luncheon. __________

WELCOME to the 79 new membersfrom the 3rd and 4th quarters. Please click here for the full list of names.

__________

Membership Survey:Document Management Systems

Click here

Event Highlight - AnnualMeeting & Golf/Spa 2015

It was standing room only at our AnnualMeeting and Golf/Spa event onSeptember 18 once again at the FourSeasons Resort and Spa in Las Colinas.We set an attendance record ofapproximately 215 with participantsearning 2 hours of Ethics CLE in themorning sessions thanks to our eventsponsors Baker & McKenzie LLP andCounsel on Call.

After an afternoon spend in the spa, onthe golf course or in the Internet Cafe,sponsors and members enjoyed live jazzmusic, food and the raffle prizeannouncements.

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Membership Survey: Document Management Systems

Click Here for Survey

Sponsor Articles:Thank you to our Sponsors for submitting the following relevant anduseful information to the In-House Counsel community.

The "Doers" Perspective: Fully Deploy the Integrative LawModel

By Jane H. Allen Founder | Counsel On Call

Change requires "doers." I've been fortunate to work with some of the brightest minds in the legal industry-attorneys whohave a real sense of where we are as a profession and where we need to go. However, in meetingregularly with these innovators, the most common question I'm asked after brainstorming ideas is,"How do we actually do this?" The fact is that very few people take the initiative to actually do something about chronic problemsin our industry. But I call those in that minority the "doers."The doers have determined the issue to be this: Times have changed and the legal model needs tobe reshaped to appropriately address today's challenges, which are just as much about businessissues as they are legal matters.

Read Full Article

Cybersecurity and Texas's Unauthorized Use of IdentifyingInformation Act

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By Mark A. DoddPartner | Sidley Austin LLP

Texas, like a vast majority of states, has enacted legislation regarding the unauthorized use ofpersonal identifying information (the "Act"). See Tex. Bus. & Com. Code Ann. § 11.521 (West2015). This paper first explores the Act and then provides some guidance as to how a businessshould implement a cybersecurity plan.

Business Duty to Protect Sensitive Personal Information

Notification Required Following a Breach of Security

Implementing a Cybersecurity Plan

Read Full Article

Reading Cases - The Key to Becoming a More EffectiveContract Draftsperson

By Glenn WestPartner | Weil Gotshal & Manges LLP

It is often said that the courts' role in interpreting contracts is to discern the intent of the contractingparties. In discerning that intent, however, courts are principally concerned only with the parties'objective intent as manifested by the words that were actually used in the written agreement. Andwhen a particular word or provision has been interpreted by a court as manifesting a specific intent,that word or provision needs to be thereafter understood in light of that court's decision, particularlyin that court's jurisdiction.

Read Full Article

Managing Risk in 140 Characters or Less: #BrandsOnTwitter

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By Deborah L.Lively

Partner | Thompson& Knight LLP

By Nicole WilliamsPartner | Thompson

& Knight LLP

For years, companies have engaged in different modesof advertising as a means to promote their productsand services. The Internet and the steady growth ofsocial media have increased the potential liability acompany can face through its online advertising andcreated confusion as to when there is potential liability. One of the more difficult media to which to applytraditional advertising rules is Twitter. Questions forcompanies include how best to engage in advertisingon Twitter, and also whether and how to monitoractions taken by third parties on Twitter that endorsethe company's products or services or impact thecompany's intellectual property.

Read Full Article

When Form Agreements Become Not So Simple: An Update onNew Agency Scrutiny of Common Release Provisions

By Aundrea Gamble HoltLittler Mendelson PC

Most employers are aware of the increasing federal government scrutiny of handbook and policyprovisions pertaining to confidentiality, non-disparagement, and cooperation. From whistleblowingto agency cooperation to employees' discussion of their pay, numerous federal agencies are takinga closer look at facially neutral employer policies that they contend have a chilling effect onemployees' statutorily protected rights. This emerging agency scrutiny does not stop at company handbooks and policies, however. Somefederal agencies are beginning to focus on common release provisions that often find their way intoemployers' standard forms. This article examines this recent agency scrutiny and concludes withconsiderations for drafting severance and settlement agreements.

Read Full Article

Recent Securities Law Reforms Are Changing No to YesBy Mike LaussadePartner | Jackson Walker LLP

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Congratulations! Board members Scott Young and Kenny Johnson congratulate Samantha Johnson, one of the 2015 Margolies award winners.

As a securities lawyer, I have to say "No." A lot. Every week, a partner or client calls with atransaction that makes perfect business sense, wanting to know if it passes muster under thesecurities laws. More often than not, I've had to deliver bad news: "But we've been structuring transactions like this for years." No. "I know dozens of deals getting done this way." NO. "But it's such a small deal. The requirement can't apply to this." NO. NO. NEVER. NO. STOP IT.PUT THAT DOWN. NO . I am the Idea Killer. The Deal Slayer. Johnny No-Fun. Grown women and men give me the samelook I get from my kids when I say that it's time to get out of the pool. But it's not me that's shuttingdown the party. It's the SEC (or, depending on the complainant in question, the Texas StateSecurities Board, or the tornado sirens). Luckily, the SEC and the TSSB, and even congress, have taken steps in the last few years toreduce the number of days I have to ruin by providing some common-sense exceptions to one ofthe more maddening registration requirements under state and federal securities laws.

Read Full Article

Pro Bono SpotlightThe Chapter recently recognized the Margoliessummer intern recipients at the Golf Spa eventin September. The winners were SamanthaJohnson, SMU Dedman School of Law andJessica Lesnau, Texas A&M University Schoolof Law. For those who may not know, the Margoliessummer internships were established 10 yearsago to provide funding to law studentsinterested in pursuing summer internships atdesignated pro bono organizations in the DFWarea. To increase the amount and funding forthese internships, the Chapter also recently setup a separate, non-profit fundraisingorganization: DFW-ACC Pro Bono. In thisregard, the $1940 raised through raffle ticketspurchased at the Golf Spa event will be deposited into the ACC-DFW Pro Bono account. For the 2015-2016 planning year, Chapter Leadership is focusing on further promoting this newentity as a way to fundraise from our law firm sponsors, corporate members, individual members,and the community. Discussions are also underway to restructure the Margolies internships tomake them more competitive with other summer stipends given to law students, and to providestudents with practical guidance and advice on leadership and other skills critical to the legalprofession.

Questions? Contact Scott Young, Pro Bono Chair or Kenny Johnson, DFW-ACC Pro Bono Chair

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