Attorney Listing - Graves Dougherty Hearon & MoodyPresident, SXSW, Inc. The SXSW InteractIve...

In Their Own Words

G R A V E S D O U G H E R T Y H E A R O N & M O O D Y 2 0 0 8 Y E A R I N R E V I E W

CORPORATE

Karen J. Bartoletti [email protected]

Mary Wommack [email protected]

Diana K. Borden512-480-5678 [email protected]

Rod Edens, Jr.512-480-5747 [email protected]

Cliff Ernst512-480-5672 [email protected]

Sandra Lee Griffin512-480-5774 [email protected]

Clarke Heidrick512-480-5636 [email protected]

Karen J. Holody512-480-5766 [email protected]

James M. [email protected]

Edward S. McHorse512-480-5750 [email protected]

Christian G. [email protected]

Thomas I. Queen, Jr.512-480-5782 [email protected]

Debbie Ramirez512-480-5761 [email protected]

Paul B. Saenz512-480-5757 [email protected]

Roy C. Snodgrass III512-480-5752 [email protected]

John David Spiller, [email protected]

TRUSTS & ESTATES

Patricia A. Campbell512-480-5625 [email protected]

J. Chrys Dougherty (Retired) 512-480-5624 [email protected]

Julie R. Frey512-480-5776 [email protected]

Kevin Holcomb512-480-5627 [email protected]

E. Clark Lutz512-480-5614 [email protected]

James A. Williams512-480-5622 [email protected]

REAL ESTATE

Wm. Terry Bray512-480-5635 [email protected]

Stephen W. Butler512-480-5714 [email protected]

Peter J. Cesaro512-480-5728 [email protected]

Kevin R. Dartt512-480-5677 [email protected]

R. Alan Haywood512-480-5631 [email protected]

David Herndon512-480-5683 [email protected]

William H. Locke512-480-5736 [email protected]

Rick Triplett512-480-5633 [email protected]

LITIGATION

Michelle Alcala512-480-5716 [email protected]

Kathryn E. Allen512-480-5651 [email protected]

Matthew B. [email protected]

Eric G. Behrens512-480-5662 [email protected]

Boyce C. Cabaniss512-480-5660 [email protected]

William Christian512-480-5704 [email protected]

Susan G. Conway512-480-5768 [email protected]

Will W. Dibrell512-480-5663 [email protected]

Christopher L. [email protected]

Helen Currie Foster512-480-5681 [email protected]

Melissa Garcia [email protected]

John M. Harmon512-480-5605 [email protected]

Drew L. [email protected]

Robert J. Hearon, Jr.512-480-5607 [email protected]

James A. Hemphill512-480-5762 [email protected]

Nancy Rice Hudson512-480-5755 [email protected]

Thomas B. Hudson, Jr. 512-480-5740 [email protected]

Mary A. Keeney512-480-5682 [email protected]

Peter D. Kennedy512-480-5764 [email protected]

G. Douglas Kilday512-480-5680 [email protected]

David P. Lein512-480-5717 [email protected]

John B. McFarland512-480-5618 [email protected]

John J. McKetta III512-480-5616 [email protected]

Robin A. Melvin512-480-5688 [email protected]

Ron H. Moss512-480-5724 [email protected]

Matthew C. [email protected]

Daniel O. Ramó[email protected]

Preston Randall512-480-5731 [email protected]

Pete Schenkkan512-480-5673 [email protected]

Steven D. Smit512-480-5653 [email protected]

Andrea Moore Stover 512-480-5727 [email protected]

Christopher H. Trickey 512-480-5620 [email protected]

Ben F. Vaughan III512-480-5617 [email protected]

Michael J. Whellan512-480-5734 [email protected]

Richard D. Yeomans512-480-5645 [email protected]

CREDITORS’ REMEDIES

James V. [email protected]

Kelle K. [email protected]

Graves, Dougherty, Hearon & Moody401 Congress AvenueSuite 2200Austin, Texas 78701www.gdhm.com

Attorney Listing

“ ”I am pleased and proud to share with you some of the notable stories of our

clients over the past year. It is both humbling and inspiring for me to read our

clients’ own words describing their experiences working with the lawyers in

our firm. These stories sustain us, as we continue our long tradition of service

to clients and community.

Since becoming president of Graves Dougherty in October

2008, I have been mindful of the trust that our lawyers and

clients have placed in me to keep that tradition of service at

the forefront of all we do. It’s a tradition that was established

and has been carefully maintained by many that came before

me, and I am honored to assume this responsibility.

Michael Whellan

Dear Friends,

President

“Sound guidance.”Roland Swenson

President, SXSW, Inc.

The SXSW InteractIve FeStIval

celebrates the creativity and passion

behind the coolest new media technologies.

The festival includes panel discussions and

a major trade show.

Film fans explore the art and business of

independent filmmaking at the SXSW

FIlm conFerence and FeStIval.

New movies premiere each year as part of

the event.

Music lovers from around the world

stream into Austin every spring to catch

1,800 musical acts on more than 80

stages at the SXSW muSIc and

medIa conFerence.

Every year, more than 20,000

people come to Austin to attend

SXSW Music, Film and

Interactive events. And

every year, lawyers from

Graves Dougherty represent

SXSW, Inc., in everything from

negotiating contracts with

sponsors and venues

to working with the City

on permits and logistics.

Roland Swenson (right) with Pete Kennedy

Roland Swenson still remembers the first time Graves

Dougherty represented SXSW’s interests, back when it was a

relatively small music festival run by The Austin Chronicle.

“A woman in line for a SXSW show at the old Liberty

Lunch club on Second Street got hit in the head with a bottle,

and she sued us for damages, because we were the sponsors

of the event,” he explains. “Pete Kennedy worked with us

to negotiate a settlement with her, and he’s been SXSW’s

lawyer ever since.”

Now, of course, SXSW is a large corporate organization

that operates several business entities and oversees

hundreds of conference events every year, and Pete’s not

the only lawyer at Graves Dougherty who works with Roland

and his team.

“Rick Triplett is our corporate attorney and handles

keeping the corporate logbook up to date; he’s also helped

us set up multiple companies over the years that are associ-

ated with the different aspects of what we’re doing,” explains

Roland. “Pete Kennedy and Ed McHorse work closely with

our sponsorship manager on executing sponsor contracts.”

“More recently, Michael Whellan and Peter Cesaro have

been helping us with our relations with the municipal govern-

ment – meeting with staff on issues relating to everything

from permitting of venues

to the city’s new green

ordinance for public events,”

continues Roland.

“Roland is an exceptional business professional

who’s managing a zillion relationships – with speakers,

bands, venues, event planners, city staff – all at once, and he

does that very well,” notes Pete Kennedy. “We’re just here to

provide whatever help he needs.”

“They’ve always provided sound guidance,” according to

Roland. “A lot of the help they’ve given us has extended to

apply in other situations later – even years later. And because

of our long relationship, they ‘get’ what we do and what we

need without needing a lot of explanation.”

During the time that lawyers from the firm have been

working with SXSW, the music event has grown from 700

registrants to nearly 12,000, and film and interactive compo-

nents have been added in response to the growing presence

of these industries in the Austin area. Those events attract an

additional 11,000 registrants every March.

“I always tell people I never regret paying for good

advice. And that certainly characterizes my relationship with

Graves Dougherty.”

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“Integrity.”Mary Nichols

General Counsel, Texas Mutual Insurance Company

Mary Nichols (center) with Mary Keeney and Pete Schenkkan

Two decades ago the Texas Legislature overhauled the Texas workers’ compensation system to fix a crisis of spiraling costs, rising premiums and employers dropping out. A product of that process, Texas Mutual Insurance Company is in the business of issuing workers’ compensation policies – and helping make sure the system works fairly for everyone involved.

makIng WorkerS ’ comp Work

As part of its commitment to helping make the state’s workers’ compensation system work for all participants, Texas Mutual provides education and information to help prevent on-the-job injuries and illnesses and minimize their consequences.

Texas Mutual is today the largest workers’ compensation insurer in Texas. A not-for-profit company, Texas Mutual paid $1.66

million in dividends to qualifying policyholder employers in 2008. This practice of paying dividends encourages more employers to buy coverage for their workers. “The workers’ compensation system in Texas is highly regulated – much more so than auto, homeowners or other kinds of insurance,” says Mary Nichols, Texas Mutual’s general counsel. “Our role is in part to help maintain for that system the proper balance between paying benefits properly and controlling costs. Sometimes keeping that balance requires legal action.” When Texas Mutual determines that legal action is in order, the company often turns to Graves Dougherty for

assistance. “There are two main areas in which we work with Texas Mutual,” explains Pete Schenkkan of Graves Dougherty’s Litigation practice, “one, to help in the system’s effort to regulate

what it pays to health care providers, and two, to defend the system as a whole against ‘end runs’ that are ultimately not

in the best interests of any of the participants.” For example, some hospitals recently tried to open a large loophole in the Texas Division of Workers’ Compensation health care cost control rules. Graves Dougherty took the lead on behalf of Texas Mutual and other workers’ compensation payors, and the Austin Court of Appeals ruled in favor of the cost control interpretation. Recently, there has been a wave of claims-handling cases against workers’ compensation insurers. Graves Dougherty has worked with Texas Mutual to demonstrate to the courts how these cases undermine the proper regulation of claims and disputes by the Division of Workers’ Compensation. Texas Mutual won one such case in district court last year; in another, for the first time since 2001, the Texas Supreme Court requested a full briefing on the issues. “I have been working with Pete and other attorneys at Graves Dougherty for more than ten years, since shortly after I came to Texas Mutual,” says Mary Nichols. “In addition to their intellect and professional abilities, their integrity is an important reason that they’re such a good match for our com-pany. There’s that trust that comes from dealing with someone who places an emphasis on integrity commensurate with your own. It’s an important element in professional compatibility.”

“Responsive.”It started with a passion for authentic NY-style pizza, and a vision for bringing it to Austin. Today,

Home Slice is one of the community’s biggest small-business success stories. Graves Dougherty has been helping the owners tackle the legal complexities of owning a growing business from the beginning.

You may know it as that popular pizza place on hip

South Congress Avenue. But to the folks who started

it and their lawyers at Graves Dougherty, it is much

more than that.

Home Slice is a complex corporate enterprise

involving multiple founding owners, many investors,

multi-faceted real estate transactions and more.

“Our lawyers at Graves Dougherty have done such a variety of things for us,

even though we’re just a pizza restaurant,” says Home Slice co-owner Joseph

Strickland, “and they’ve been very responsive to our needs in every way.”

Joseph opened Home Slice back in 2005 with his wife Jen Scoville Strick-

land and their business partner Terri Hannifin. Today, the restaurant’s success

has enabled it to quickly pay back all of the initial investment in the business

and to expand into the building next door to the original SoCo location.

Graves Dougherty lawyers have worked with the owners at every step.

“I’ve always enjoyed working with young entrepreneurs. When the

Home Slice founders hired us, it was a chance to involve lawyers from vari-

ous sections of our firm to address their needs,” recalls Cliff Ernst, a lawyer in

Graves Dougherty’s Corporate section. “It was a great opportunity to use our

experience in partnership, securities, tax, corporate, intellectual property and

real estate law to help clients with lots of energy and a strong vision. I’m really

proud to be a part of the Home Slice success story.”

“They helped us formulate the offer that we used to raise money, and

they helped us form the corporate entities we operate and get our partnership

deals signed,” says Joseph. “I had a million questions, and I really wanted to

understand everything about our offering. I’m probably the only client in history

who has read every single word of the limited partnership agreement. They

were extremely helpful and accessible to me through all of it.”

“The unique nature of the SoCo neighborhood and its landowners and

history created interesting real estate challenges,” points out Steve Butler, an

attorney in Graves Dougherty’s Real Estate practice.

“Just to open the place, we had to do three separate leases – for the

building, the parking lot, and then a leaseback agreement,” explains Joseph,

“and then we had an entirely separate negotiation later to expand into

the building next door.”

Graves Dougherty most recently worked with Home Slice to lease

additional space to expand the business and supplement the corporate

structure. “It was just fun to work with our Home Slice friends and the

legal team to solve the practical real estate, corporate and operations

issues to bring more Home Slice to South Congress,” adds Steve Butler.

“We’ve been in relatively complex situations,” says Joseph.

“And we couldn’t have done any of it without their help.”

Joseph StricklandCo-founder and Partner, Home Slice Pizza

Joseph Strickland (center) with Cliff Ernst and Steve Butler

The folks at Home Slice are passionate about pizza – so much so that they close down the restaurant for a week every year to take the whole staff on a pizza pilgrimage. Last year, they made their second trip to the home of bonafide East Coast Italian pizza: New York, NY.

Determined to bring the New York pizza of her childhood to her new home in Austin, Jen Scoville Strickland ran up against

more than one obstacle along the way. Lucky for Austin pizza fans, she didn’t let anything stop

her from pursuing her dream. Follow the Queen of Pies on her journey from New York

pizza lover to Austin pizza royalty at homeslice.com/queenofpies.

Home Slice worked with Graves Dougherty to lease additional space to expand

the restaurant’s original location in the heart of Austin’s SoCo district.

“On my team.”Since the 1990s, the MetCenter

development near Austin-Bergstrom

International Airport has evolved

to become Austin’s premier

mixed-use business park.

Graves Dougherty has been

a part of that evolution

for well over a decade.

Howard YancyPresident, Zydeco Development

Howard Yancy (right) with Alan Haywood

On the way to or from the airport, you’ve probably noticed the giant “M” at the intersection of Riverside Drive and Highway 71. It stands for MetCenter, and just beyond it lies millions

of square feet of industrial and office space occupied by everything from sophisticated data center facilities to major hotels and restaurants. As you might imagine, development on that scale brings with it a number of legal issues, particularly in the area of real estate law. Alan Haywood of Graves Dougherty has worked alongside Howard Yancy, presi-dent of Zydeco Development, since very early in the process. Together, they have negotiated a number of transactions involving buying, selling and leasing

property over the years. They continue to work together today as development continues on a second phase of the project, known as MetCenter II. “The way I view Alan in particular and Graves Dough-erty in general is as my partners – not simply lawyers I’ve hired to do work for me, but a truly integral part of my team,” says Howard Yancy. “They’re more like a partner than just a provider of services.” “This is what I would call a classic example of what Graves Dougherty has demonstrated throughout its history – of having strong relationships with our clients, characterized by a high degree of trust on both sides and mutual respect,” says Alan Haywood. “In my opinion, they’re the best law firm in town and he’s the best real estate attorney in town,” concludes Howard Yancy, “I’m glad to have them on my team.”

It’s not just the central location, advanced utility infrastruc-ture and data center-ready facilities that have attracted so many companies to MetCenter. It’s also a first-rate set of on-site amenities that includes:

v Six national hotels (with a seventh in development) offering full conference facilities

v �Two 24-hour restaurants plus a 6,000-square-foot retail center anchored by Subway and Starbucks

v Miles of hike-and-bike trails winding through wooded greenbelts, and a tennis and basketball court complex

v Convenient public transportation stops and after-hours security patrols

a n e X c e p t I o n a l c o l l e c t I o n o F o n - S I t e a m e n I t I e S

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“Common sense.”Carl Shepherd

Co-founder and Chief Strategy and Development Officer, HomeAway

You might think a website for

vacation rental homes would have

a hard time thriving in a tough

economy. But think again.

Austin-grown HomeAway, Inc.,

a client of Graves Dougherty

since its startup days,

has skyrocketed to

tremendous success

and shows no signs

of slowing down.

Vacationers can choose from thousands of homes in more than 100 countries.

The company offers property rentals across 11 websites.

In 2008, Homeaway broke ground on a new headquarters in Austin’s Market District.

Carl Shepherd (center) with Thomas Queen and Karen Bartoletti

Brian Sharples and Carl Shepherd started

HomeAway in 2005 with the idea of acquiring vacation rental

websites in the US and Europe and consolidating them into

one worldwide business. Since then, the company has become

an unqualified success, bringing in more than $100 million in annual

sales, growing from six to 454 employees, maintaining offices in four

countries and handling 360,000 property rental listings across 11 sites.

In 2008, the company broke ground on new headquarters in Austin’s

hot Market District at Fifth and Lamar, where it will be the only com-

mercial tenant in an 86,000-square-foot mixed-use building shared

with the home décor store West Elm and other retailers.

Unlike many travel websites, which are seeing fewer visits in

the wake of the economic downturn, HomeAway traffic is up, and

homeowners who list their properties for rent are getting more inqui-

ries than they were before. But it makes sense when you consider that

renting a vacation home is often a better value than staying in a hotel.

And for the property owner, renting out a second home can bring in

extra money in difficult times.

When HomeAway started its relationship with Graves Dougherty,

“we were looking for lawyers with not just legal expertise, but com-

mon sense,” says Carl Shepherd, “and that’s exactly what we found:

good common-sense Texas lawyers who know how to pick their

battles. Karen Bartoletti is my lead attorney there, and I like to say

that her claim to fame is always knowing when to tell me, ‘You could

try to get this into the deal, but why would you?’”

HomeAway hired Graves Dougherty initially to help the company

acquire domain names, negotiate business contracts and coordinate

the development of its worldwide terms and conditions of use of the

website. Since then, the firm has become more focused on day-to-

day operating matters, including the coordination of HomeAway’s

worldwide trademarks and intellectual property protection efforts.

“A lot of what we do is just old-fashioned counseling,” says

Thomas Queen, of Graves Dougherty’s Corporate practice, “where

they come to us with questions or concerns, and we apply our

judgment and experience as lawyers to advise them.”

“Common sense and good judgment are so important in legal

matters,” points out Carl. “They just helped us negotiate a new

advertising-agency contract, and the executive in charge of that

said they’re the most common-sense people she’s ever worked with.

It’s refreshing.”

“Impact.”Since 1970, People’s Community Clinic has been making quality health care affordable to people

who need it. The clinic responds to the community’s health needs, especially those of limited income patients, with a variety of medical, counseling and health education services.

Regina RogoffChief Executive Officer, People’s Community Clinic

People’s Community Clinic provides health care services of all kinds to limited income patients in the Austin area.

Since its inception, engagIng converSatIonS has raised funds for nine community service organizations in Austin.

“Invaluable.”Andrea Marsh

Executive Director, Texas Fair Defense Project

Back in 2002, Walt Rothgery had the misfortune to

be mistaken for a convicted felon, arrested and taken

to jail. He asked for a lawyer. But he didn’t get one.

It was a case of tough luck that might have ended

there, ruining Walt’s life forever. Instead, it became

a case for the US Supreme Court, which ruled in his

favor last year and gave him another chance at justice.

“Bill Christian agreed to work on a pro bono basis,

and his participation was invaluable,” says Andrea

Marsh of the Texas Fair Defense Project. “With his

skills and experience, he was able to frame the case

in a way that got it as far as it did.”

“This was an important case that clarified the law

with regard to the right to counsel,” says Bill. “It fun-

damentally changed the way Texas counties appoint

lawyers to people who can’t afford them. I’m glad

Graves Dougherty could be a part of it.”

Regina Rogoff with Clarke Heidrick Andrea Marsh with Bill Christian

p r o B o n o I n S t I t u t eGraves Dougherty is a founding member of the Pro Bono Institute’s Law Firm Pro Bono Challenge. “We strive to emulate the guiding spirit of our founder, J. Chrys Dough-erty, who has for decades been a leading pro bono advocate,” according to Will Dibrell, a shareholder in the firm.

VOLUNTEER LEGAL SERVICES OF CENTRAL TEXAS

Over the past decade, Graves Dougherty has been the leader in

taking on cases from Volunteer Legal Services of Central Texas (VLS).

In four of the last six years, the firm has worked on more VLS cases

than any other firm in Austin.

Texas Fair Defense Project (TFDP) is a nonprofit orga-nization that works to improve the fairness and accu-racy of the criminal justice system in Texas. Its primary focus is on improving access to counsel and the quality of representation provided to poor people accused of crime. TFDP defends the rights of indigent criminal defendants through litigation, education and advocacy.

In 2008, Graves Dougherty

selected the People’s

Community Clinic to be the

beneficiary of funds raised

by the law firm’s annual

Engaging Conversations event. Engaging Conver-

sations places guests around dinner tables hosted

by some of the most accomplished and intriguing

people in the country, with the entire event ben-

efiting a different charitable organization each year.

Last year, the event raised $54,900 for the clinic.

“This gift has impact on a number of levels,”

according to Regina Rogoff, CEO of the clinic. “In

addition to the financial support, it provides us

with the recognition and validation of having been

selected for a major charitable effort by a highly

regarded community leader.”

Attorney Listing - Graves Dougherty Hearon & MoodyPresident, SXSW, Inc. The SXSW InteractIve...

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Transcript of Attorney Listing - Graves Dougherty Hearon & MoodyPresident, SXSW, Inc. The SXSW InteractIve...