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The Content Rundown

Words Matter: Expert Advice on Effective Language (Part 3 of 3), by CourtroomLogic Consulting’s Kacy Miller. In two recent blog posts (here and here), trial consultant Kacy Miller resurrected one of her favorite books on communication: Dr. Frank Luntz’s “Words that Work: It’s Not What You Say, It’s What People Hear.” Although his approach is often political, she writes, she believes Dr. Luntz’s “Rules of Effective Language” apply just as easily to the world of litigation and courtroom persuasion.

Keith Clouse Inducted into Prestigious College of Labor and Employment Lawyers, via Clouse Brown, PLLC. The College of Labor and Employment Lawyers, a non-profit professional association honoring the leading lawyers nationwide in the practice of labor and employment law, has selected Clouse Brown PLLC name partner Keith Clouse as a fellow of the organization. He was officially welcomed into the College on November 9 at the 24th Annual Induction Dinner at The National WWII Museum in New Orleans, Louisiana.

Big Pharma is the Real Bad Guy in “Bull” Murder Case, by CourtroomLogic Consulting’s Kacy Miller. “This week’s episode, ‘Killer Doctor,’ is chock full of goodies,” writes “Bull” columnist and real-life trial consultant Kacy Miller. “We have a woman dying of terminal cancer. Experimental drugs. A grieving brother and son. The murder of the treating physician. A confession (or two). And the bonus? We even get a dash of that last-minute, yet far-fetched, Bull team sleuthing. Good stuff.”

How To Reimagine And Reinvest To Reinvent Yourself, by Michelle May O’Neil. Recently, Michelle O’Neil spoke about her journey “from couch to marathon” at the Ziglar Edge Conference in Mount Pleasant, Texas. In this blog post, Michelle shares a video of the presentation, as well as a summary recap.

‘Best Law Firms’ Selects Grable Martin Fulton for 2020 List for Expertise in Patent Law, via Grable Martin Fulton, PLLC. Grable Martin Fulton, PLLC has, for the third year in a row, been named to the annual list of “Best Law Firms.” The firm was selected as a Tier One law firm for its achievements in patent law in Dallas-Fort Worth. Qualification for the list, published annually by U.S. News – Best Lawyers®, requires that at least one attorney be recognized in that year’s edition of The Best Lawyers in America; for the previous six years, member Wei Wei Jeang has been selected for inclusion on the list for her work in patent law.

Clouse Brown Named to ‘Best Law Firms’ 2020 Edition, via Clouse Brown, PLLC. For the second consecutive year, “Best Law Firms” has named Clouse Brown PLLC a Tier 1 law firm in Dallas/Fort Worth for both Employment Law – Management and Litigation – Labor & Employment. In order to be considered for “Best Law Firms,” a firm needs to have at least one lawyer named to the current list of The Best Lawyers in America. Most recently, both Clouse Brown name partners, Keith Clouse and Alyson Brown, were included on the list for their work in Employment Law – Management and Litigation – Labor and Employment.

‘Bull’ Shows the Perils of Confirmation Bias, by CourtroomLogic Consulting’s Kacy Miller. The episodes in season four have actually had quasi-plausible storylines. Unfortunately, they haven’t contained much jury consulting. Or not much of it, at least. “And I have to admit,” writes consultant Kacy Miller, “the lack of jury consulting absurdities is making my job as a columnist more challenging. But who doesn’t like a challenge?”

Jackson Spencer Law Earns ‘Best Law Firms’ 2020 Recognition, via Jackson Spencer Law. Jackson Spencer Law has been recognized by the 2020 edition of “Best Law Firms.” This comes on the heels of firm founder and managing partner Jennifer Spencer being named to The Best Lawyers in America. “This recognition speaks to the depth of our practice,” said Ms. Spencer. “Not only does our team provide exemplary employment advocacy services, but we also understand the business side and how to negotiate with employers.”

Texas Physician Non-Compete Agreements Not One Size Fits All, by Clouse Brown PLLC’s Alyson Brown. Like any business that loses a key individual, hospitals and medical practice groups have an interest in retaining their customers (in this case, patients and referral sources) when a physician leaves the practice, but there are certain details to be aware of. Executive employment attorney Alyson Brown explains the potential risks in signing and enforcing physician non-compete agreements, and what to look for in these types of agreements.

Family Dispute Brings Out the Best in Benny (And the Bull in Dr. Bull), by CourtroomLogic Consulting’s Kacy Miller. “Here’s a question,” asks trial consultant Kacy Miller, “Why hasn’t anyone in the World of Bull ever called him out for providing legal advice and representation without a license?” In another installment of Kacy’s “Bull” review, she discuses Bull’s habit of doing very little jury consulting and a whole lot of lawyering.

2020 Edition of ‘Texas Insurance Coverage Litigation’ Features Cyber Extortion and Landmark SCOTX Menchaca Decision, via Amy Stewart Law. Insurance coverage attorney Amy Elizabeth Stewart’s book, Texas Insurance Coverage Litigation: The Litigator’s Practice Guide, has been revised with updates to include new insurance developments for 2020. The book, which has been published annually by Texas Lawyer Books since 2012, is available in print and digital formats.

The Watson Firm is pleased to announce the addition of new associate, John M. Moore, via The Watson Firm. John M. Moore is a 2019 graduate of the SMU Dedman School of Law and previously served in the U.S. Marine Corps. During his tour in Afghanistan, John was involved in numerous combat outpost construction and fortification missions and fortification missions.

From Prosecutor to Defender: Benny Switches Sides on ‘Bull’, by CourtroomLogic Consulting’s Kacy Miller. This column, writes consultant Kacy Miller, is supposed to address the realities and absurdities of jury consulting as depicted in CBS’ “Bull.” But what’s an author to do when the episode has little to no actual jury consulting in the storyline? You dig deep and find something else to write about. So, this week, she’s addressing the scenes that piqued her interest.

How the TABC Regulates On-Premises Promotions for Texas Liquor License Holders, by Martin Powers & Counsel’s Ashley Storm Ruleman. Texas alcoholic beverage law not only regulates who can buy and sell alcohol, but also how alcoholic beverages are advertised and promoted, especially at on-premises retail locations, such as bars and restaurants. TABC attorney Ashley Storm Ruleman explains the Commission’s “On-Premises Promotions” rule – and its exceptions – in this blog post.

Fanciful Technology Aside, Bull Gives Realistic Portrayal of Voir Dire Seed-Planting, by CourtroomLogic Consulting’s Kacy Miller. “Pinch me,” writes trial consultant Kacy Miller. “The voir dire questioning in this week’s episode of “Bull”was actually something I can sink my teeth into. At least as far as the Hollywoodization of jury selection goes.”

The ADEA: Protecting Workers Over Age 40, by Jackson Spencer Law’s Jennifer Spencer. Age discrimination is unlawful at both the state and federal level in Texas. In fact, the Texas Labor code expands upon the federal Age Discrimination in Employment Act, making the regulations applicable to employers with 15 or more employees (the federal law only applies to employers with 20+ employees). Jennifer Spencer explains the top 3 things employees need to know about age discrimination.

Texas Super Lawyers Recognizes Amy Elizabeth Stewart and Beverly Godbey on Annual List, via Amy Stewart Law. Amy Stewart Law Managing Principal Amy Elizabeth Stewart and Principal Beverly Godbey have both been selected for inclusion on the 2019 Texas Super Lawyers list for their expertise in insurance coverage. Additionally, Amy was once again selected for inclusion on the list for the Top 100 lawyers in Dallas/Fort Worth and the Top 50 women lawyers in Texas.

Why Advancement Is a Key Component of an Executive Indemnity Agreement, by Clouse Brown PLLC’s Alyson Brown. Company bylaws or governing documents often contain indemnification and advancement provisions. While these provisions provide some degree of protection for senior executives if they are named in claims relating to actions undertaken in their corporate capacities, these general provisions alone may not provide sufficient protection. Executives, explains Alyson Brown, should consider negotiating a separate, written indemnification and advancement agreement with their employer.

CourtroomLogic Consulting, LLC, Named Best Jury Consultant in Dallas, Earns Place in Hall of Fame, via CourtroomLogic Consulting, LLC. CourtroomLogic Consulting, LLC, led by president and founder Kacy Miller, has been recognized by Texas Lawyer as the best jury consultant in Dallas in its annual “Best Of” survey of companies that provide services to the legal profession. CourtroomLogic was also named to the top three in Austin, and has earned a place in the Hall of Fame because of the firm’s history of making the Texas Best list.

Beware the 40-Chicken Alligator, by Michelle May O’Neil. Baby alligators are surprisingly cute. So cute, in fact, that many an unwitting (and, presumably, not very bright) person has adopted one and taken it home. And, for a while, maybe it works out OK. They start out eating a whole chicken a day, which seems a bit excessive, but you can manage a chicken a day. But then, he starts needing 5 chickens every day. Then 15. And, before you know it, your “pet” is downing 40 chickens every single day, your wife has left you, and your home is facing foreclosure. How, asks Michelle O’Neil, do you avoid the 40-chicken alligators in your life?

Benny Returns and Gives ‘Bull’ a Dose of Much-Needed Courtroom Realism, by CourtroomLogic Consulting’s, Kacy Miller. This week’s storyline involves a cocktail waitress charged with involuntary manslaughter for over-serving a patron who then went home, killed his ex-wife and four friends, and then died in a suicide by cop. But this wasn’t any cocktail waitress. This was a cocktail waitress with a rich dad who could hire Bull. Kacy Miller has the inside scoop on how this story would really unfold.

Dallas’ Caldwell Cassady & Curry Earns Texas Verdicts Hall of Fame Honors, via Caldwell Cassady & Curry. The Dallas-based intellectual property and business litigation law firm Caldwell Cassady & Curry has been named to the Texas Verdicts Hall of Fame by the publishers of Texas Lawyer newspaper. Caldwell Cassady & Curry was recognized for winning five of the largest intellectual property verdicts handed down in Texas between 2014 and 2018.

What Every Executive Needs to Know About Cloud Computing Agreements (Part 2), by Grable Martin Fulton, PLLC’s Suzy Fulton. Software as a Service (SaaS) agreements are everywhere in the business world and they are not going away. With 83 percent of enterprise workloads projected to be in the cloud by 2020, are you ready to negotiate better cloud computing agreements that give your company an advantage in the industry? In the first post in this series, Suzy Fulton addressed the pros and cons of license agreements vs. SaaS agreements. In this post she discusses contract negotiation.

Christina DiPintoChristina takes traditional legal marketing copy and upcycles it into snackable, click-able and shareable digital content. As Muse’s newsletter guru, she creates custom newsletters for clients from development to distribution. If you’re looking for a snappy headline or engaging email, send her a note at christina.dipinto@muselegalpr.com.

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