SDM Wins Pro Bono Criminal Appeal
On May 16, 2019, the United States Court of Appeals for the Fifth Circuit vacated the conviction of our client Coy Jones. Following a trial in December 2017, Mr. Jones had been convicted on firearm and drug charges and was sentenced to 318 months in jail. On appeal, which SDM lawyers handled pro bono, the Fifth Circuit held that Mr. Jones’s constitutional rights were violated when a law enforcement agent testified at trial to statements made by a confidential informant implicating Mr. Jones in the alleged crime. That confidential informant did not testify at trial. The court found that the error was not harmless, vacated the conviction on all counts, and remanded the case back to the district court for a new trial.
SDM Lawyers Santosh Aravind, David Shank and Willie Cochran handled the appeal, with David Shank arguing the appeal to the Fifth Circuit.
Copies of the SDM briefs can be found here and here. A recording of the oral argument can be found here. A copy of the Fifth Circuit opinion can be found here.
Seven SDM Lawyers Named to Texas Rising Stars®
SDM is pleased to announce that Super Lawyers® has selected seven Scott Douglass & McConnico attorneys for inclusion in Texas Rising Stars® 2018 by Thomson and Reuters. The following firm attorneys were selected for this honor:
Anthony Arguijo - Business Litigation
Kim Gustafson Bueno - Products: Defense
John W. Ellis - Business Litigation
Mark W. Hanna - Energy & Resources
Olga Kobzar - Energy & Resources
Bryan Lauer - Business Litigation
David Shank - Business Litigation
Rising Stars are considered the top up-and-coming attorneys in Texas. To be eligible, lawyers must be 40 years old or younger or in practice for 10 years or less. Less than 2.5% of Texas attorneys are chosen for this honor. The complete list will be published in the April 2018 issues of Texas Monthly and Super Lawyers magazines. We are proud that so many of our attorneys were nominated and selected as Rising Stars again this year. Super Lawyers® is a Thompson Reuters publication.
John Ellis and David Shank named Partners in the Firm
David Shank Presents "Pushing the Boundaries on Issues Related to Technology Companies & Trade Secrets"
David Shank will present on a panel titled “Pushing the Boundaries on Issues Related to Technology Companies & Trade Secrets” at the Austin Bar Association’s 2018 Bench Bar Conference. David will present along with Judge Robert Pitman, of the U.S. District Court for the Western District of Texas, and Jonathan Kaplan, Chief Legal Officer for RetailMeNot, Inc. The panel will be moderated by Stefanie Scott Shah, of Scott Shah Law.
The Austin Bar Association and AYLA Foundation’s annual Bench Bar Conference provides local attorneys and judges the opportunity to interact outside the courtroom in a casual, discussion-oriented environment.
David Shank Presents at Advanced Business Law Course
Nine Scott Douglass & McConnico Attorneys Selected to the Texas Rising Stars® 2017 List
SDM is pleased to announce that Super Lawyers® has selected nine Scott Douglass & McConnico attorneys for inclusion in Texas Rising Stars® 2017 by Thomson and Reuters. The following firm attorneys were selected for this honor:
Mary Byars and David Shank Present State Bar Webcast About Privilege Issues
SDM’s Mary Byars and David Shank recently presented a TexasBarCLE webcast on important distinctions in Texas law governing the attorney-client and work-product privileges. Their presentation, “The Common Interest Doctrine (or Lack Thereof) in Texas,” addresses Texas’s joint-client and allied-litigant doctrines and explores how they differ from the common-interest doctrine applied in federal court and other jurisdictions. Originally presented via live webcast on December 16, 2016, the one-hour presentation is now available online and is approved for one hour of ethics credit. More information on the webcast, including registration information, can be found here.
SDM's David Shank to present Austin Bar Civil Litigation Section's October CLE Luncheon
SDM’s David Shank will present this month’s CLE luncheon for the Austin Bar Civil Litigation Section. SDM will host the luncheon on Monday, October 24, 2016. David’s presentation, “What General Litigators Need to Know about Copyright Preemption,” is available for both members and non-members of the civil litigation section and includes lunch. For more information on his CLE and registration, go here.
SDM Helps GlobeRanger Corporation Win Appeal in Precedent-Setting Software Trade Secret Case
SDM lawyer David Shank recently prevailed in an appeal for GlobeRanger Corporation, a subsidiary of Fujitsu Ltd. that specializes in radio frequency identification (RFID) software and solutions. GlobeRanger sued German software giant Software AG for misappropriation of trade secrets related to GlobeRanger’s revolutionary iMotion Edgeware platform. After a two-week trial in federal court in Dallas, Texas, the jury returned a verdict for GlobeRanger. Software AG appealed, challenging the verdict on numerous grounds, including that GlobeRanger’s trade-secret-misappropriation claim was preempted by the Copyright Act. The Fifth Circuit rejected all of Software AG’s arguments and, in doing so, held for the first time that the Copyright Act does not preempt state-law claims for misappropriation of trade secrets. SDM’s David Shank took the lead in preparing GlobeRanger’s appellate briefing. Susman Godrey’s Ophelia Camiña, GlobeRanger’s lead counsel, presented oral argument for GlobeRanger. Prior to joining SDM, Mr. Shank represented GlobeRanger at trial with Ms. Camiña and Brian Melton, his former colleagues at Susman Godfrey.
Six Scott Douglass & McConnico Attorneys Named Rising Stars in 2016
Super Lawyers® has selected six Scott Douglass & McConnico attorneys as Rising Stars in 2016 in the practice areas of Energy & Natural Resources (Olga Kobzar), Business Litigation (John Ellis, Bryan Lauer, David Shank and Ryan Squires), and General Litigation (Kennon Wooten). Rising Stars are considered the top up-and-coming attorneys in Texas. We are proud that so many of our attorneys were nominated and selected as Rising Stars again this year. Super Lawyers® is a Thompson Reuters publication.
Scott Douglass & McConnico Welcomes John Ellis and David Shank to the Firm
We are pleased to welcome John Ellis and David Shank to Scott Douglass & McConnico.
John Ellis regularly represents plaintiffs and defendants in a wide variety of complex commercial litigation matters. Prior to joining Scott Douglass & McConnico in August 2015, John practiced in the litigation section of the Austin office of Locke Lord LLP. Before entering private practice, John was a briefing attorney for the Honorable Paul W. Green of the Supreme Court of Texas. While in law school, John served as the Editor in Chief of the Texas Tech Law Review, competed on various award-winning advocacy teams, and helped launch a mentoring program with a local high school law and justice magnet program.
David Shank is a commercial trial lawyer who represents plaintiffs and defendants in a wide range of complex disputes before federal courts, state courts, and arbitration panels around the country. Prior to joining Scott Douglass & McConnico in August 2015, David practiced in the Dallas office of Susman Godfrey L.L.P. David has extensive trial experience, having tried three jury trials and one arbitration. Before entering private practice, David served as a law clerk to Judge Barbara M.G. Lynn of the United States District Court for the Northern District of Texas. David graduated with honors from The University of Texas School of Law, where he served as an Articles Editor on Texas Law Review, earned a spot as a teaching assistant for the first-year legal writing course, and was elected to Order of the Coif. David also brought home a national championship in interscholastic moot court, winning the top prize in the 18th Annual Duberstein Moot Court Competition.