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Michael Smith
Michael Smith
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Writing Update: Social Media, Patent Litigation, and chair columns - and happy anniversary

TBJ Cover Jan 2013January is typically a busy month around the office, with a lot of catching up to do following holidays, as well as continuing the catch-up after our family's recent vacation in early December.  But it's also a busy month for writing for me, especially this year.   I wanted to post with links to several pieces of writing I've done recently, mainly because three are columns prefacing three good publications that I commend to your reading list, and the other two might have some information that would be of interest to readers. So to the extent anyone is interested, here are this month's pieces.

2012YearInReview387x246

  • Chair's column, Texas Bar Journal, January 2013.  This month is notable for two reasons - first, it begins our year-long celebration of the Bar Journal's 75th anniversary, and second, we are introducing a graphic redesign of the magazine.  (That my picture is four times the size of the current State Bar president's in his column is a glitch we will be working out in future issues, I expect).
  • Patent Litigation Update: Year in Review 2012, Texas Bar Journal, January 2013.  I have written this article several times, and this year focused on the effect of In re EMC and the AIA on multidefendant patent litigation, as well as how courts in Texas are dealing with these issues. 
  • Chair's column, State Bar Litigation Section quarterly publication The Advocate, Volume 61 winter 2012.  The current issue on environmental litigation isn't posted yet, but the prior issues through last quarter's Social Media issue are.  (Members of the section get the current Advocate in paper prior to its being uploaded to the site).Pages from Advocate_V60_Fall2012
  • Chair's column, State Bar Litigation Section News for the Bar, winter 2012.  As always, NFTB includes a Federal Update column for those interested in scooping up some timely caselaw.
  • Social Media Update, 29th Annual Litigation Update, January 11, 2013, Austin Texas. 

Underway is Trial Procedure for the upcoming State Bar Federal Court Practice seminar in May, and a couple of others on case management and patent litigation later in the year that I have not started to think much about yet.

114808Also, I looked down this morning and realized that today marks the fifth anniversary of my joining Siebman, Burg, Phillips and Smith LLP.  It's hard to believe it's been five years, but we've had a great time, and look forward to many more. I am reminded once again of one of my favorite quotes, which is by Admiral Clifton A.F. “Ziggy” Sprague Cafs.  At the end of the Battle off Samar in 1944, Admiral Sprague commented that "[a]t best, I expected to be swimming by now."  As I tell my wife, as long as we haven't had to stack my office furniture and files back in the garage, we are doing okay.  

Posted by Michael C. Smith on January 14, 2013 at 12:32 PM in All Patent cases, SRBPS Firm News | Permalink | Comments (0)

2012 SBPS - Marshall Christmas card

Xmas cardI am just back from a brief vacation, and will be getting back to posting on cases shortly, but in the meantime, once again, we have an original piece of artwork by Marshall artist Carol Pace as our Christmas card.  This year the subject is The Christmas Train in honor of Marshall's train heritage.  The actual idea came about because 2012 is the centennial of the historic Marshall Depot, so the subject just seemed a good fit this year.  (Carol also did a little caboose for the back of the card, as you can see from this photo of this year's card with her prior ones).

The original watercolor, along with the runner-up, which is of the engine that's out at the Depot now, hangs out front in our firm's reception area, where's it's spotlit for visiting Wonderland of Lights passers-by along with the other artwork walls. Photo Photo
 The location is actually traditional - for decades the Kariel family had train pictures and memorabilia in the display windows of the Hub Shoe Store (Audrey Kariel was instrumental in preserving the Depot back in the late 1980's, so her husband's store windows tended to be an interesting mix of T&P Railroad and men's shoes), so we're glad to return those to the store, uh, office windows.  (I've almost given up trying to refer to this building as an office - it's "the store" that just happens to house our law offices).

In other news, visiting lawyers will be happy to hear that we beefed up our caffeination capacity on the visiting side with a new coffee station in the 111 side conference room.  Just in time for the patent status conferences tomorrow morning, in fact...

Posted by Michael C. Smith on December 18, 2012 at 07:17 PM in SRBPS Firm News | Permalink | Comments (0)

New work by local artists at the Hub

IMG_0122-001With a little time over the holiday weekend I thought I'd catch up on some housekeeping posts.

As I've posted previously, we have what we've previously called an "Art at Work" program at Siebman, Burg, Phillips & Smith's Marshall office, where we feature artwork by local artists on our firm's walls, and hopefully help them acquaint a larger community with their work.  

At our previous location on South Washington that meant 6-8 pieces by local artists.  But since we've moved into the renovated Hub building on East Austin, we have substantially more room for artwork, including the two interior walls, deliberately reserved for artwork display.   DSC_0010-001 MIKE1The attached floor plan shows in purple all of the walls that have original artwork by Marshall-area artists.  Currently we are displaying 26 pieces by ten artists.  Six are in the firm's collection (four Christmas card pieces, one commissioned for the office, and one we purchased) - the rest are all on loan from local artists.   DSC_0011-001


Of those 20, only three stayed during the recent changeover - we have seventeen new pieces, and I wanted to take readers on a virtual walkthrough of the artwork.  With one exception, all twenty are for sale, and we'll put you in touch with the artists if you see one you like.  (Apologies for the marginal photography).DSC_0041-001 DSC_0023-001

As you can tell, most of the pictures are on the two long interior walls, where they are lit from track lighting on the roof of the adjacent offices.  On the 113 side, that means that they provide a nice view from the conference room (as you can tell from the picture to your left) , while on the trial (111) side, they provide some color in the visiting lawyers' office and conference room.  Here is a rundown of what we have with a few comments on each.

Starting on the 111 side, we have eleven on the "long wall".  This wall could only hold seven until I added two more sets of track lighting last month (shown above) - now the entire wall is filled.  They include:

DSC_0012-001Floating Beauty and DSC_0014-001Caddo Beauty by Joanne Imhof, and DSC_0013-001In Deepest Thought by Carol Pace.  Caddo Lake is a favorite of local artists, as DSC_0015-001 Solitude by Mieko Hathaway shows.  Mieko has a second up on this wall, DSC_0016-001Azalea.  Next up is DSC_0017-001On the Waterfront by Sally Martin, DSC_0018-001Dream Journey by Lou Violette, and DSC_0019-001Saucy Aussies and DSC_0020-001Sexie Lexie both by Joan Hammond.  The latter is the only piece of art not for sale - it's of the artist's dog.  Finishing out the wall is DSC_0021-001Spring Market by Mary Norvell and DSC_0022-001Coushatta by Carol Pace.  The latter two have local roots - the market scene is at the Weisman building around the block (founded by Hub Shoe Store founder Mose Weisman's brother Joe Weisman) and the Coushatta Indians are one of the local native tribes - a trip to the nearby reservation was a standard 7th grade trip when I was growing up in Marshall.  The other group of local natives was ... you guessed it, the Caddo.

Also up on the 113 side out front are Red Daisy #1 and Red Daisy #2 by local home builder Curtis Graff (who moonlights as an artistic type) . DSC_0031-001 I thought they were a little modern for us, but in the last year and a half we haven't found anything else that fills the wall above the receptionist's desk as well, and the lacquered finish is really striking.

The hallway wall on the 113 side has five new paintings and one carryover. The new ones begin with a large DSC_0024-001Protector of the Inner Child by Mary Norvell, with DSC_0025-001The Lord is My Shepherd by Lou Violette and DSC_0026-001The Animals' Birthday by Carol Pace.  I mentioned that we have a carryover piece here - it is Carol's large tryptych Break Time.   DSC_0027-001I think Carol told me it was originally in a coffee shop in Wichita Fallas, and I've always thought it'd look great in some firm's break room.  I mean, I like it fine where it is, but the artists have explained to me that the best kind of painting is a painting that sells, so I'm trying to be helpful.  (It delights me how irritated I get when one of the artists comes in and takes a piece down because they've sold it, if that makes any sense).

On the opposite wall we have a pair of elephants, DSC_0028-001Mud Bath by Sally Martin and DSC_0029-001All About the Ears by Nancy Tomlinson.  Nancy has another panting inside the nearby visiting lawyers' office DSC_0030-001Jasira (Bold & Courageous).  

I mentioned we have six pieces in the firm's collection.  Four are watercolors by Carol Pace commissioned for the firm's Christmas cards.  The first two, of the old Harrison County Courthouse (which readers know now serves as home for Judge Schneider's Marshall docket, and an emergency courtroom for Judge Gilstrap when Judge Bryson is in town) are DSC_0041-001outside my office door and at the end of the hallway on the 111 side, as shown here.  The third, a 2010 watercolor of the Hub is outside my paralegal Pam Matthews' office near the front of 113 DSC_0032-001, and the last, a holiday scene on the square, is in the visiting lawyers' office on the 111 side DSC_0035-001.

The last two are focal points in the firm's conference rooms, Bob Metzger's Marshall town square scene on the 111 sideDSC_0037-001, and Carol's collage of the Marshall federal courthouse, using plans from its original construction as a post office.  (The three small pictures on the left of Bob's are a collection of shoe ads from a 1939 Florsheim show catalog that came with the building.  Every so often I scan a couple more in, resize them for contemporary frames and put them up around the office, just in case there are ghosts of shoe sellers past.  Haven't heard any yet, but the floors do creak noticeably after a Longhorn loss for some odd reason...). DSC_0039-001

If you're in town either suing or being sued, please stop by and have a cup of coffee and take a look at this really enjoyable collection of original artwork by local artists.  (We also practice law most days, and sometimes house three very rambunctious young Smiths in a secret attic hideaway - you might walk in on a Nerf gun fight).  Several of the artists shown have studios at the Marshall Visual Art Center and more artwork on display at the Weisman (both a block from our office) so if you like the style but don't seen the piece you want, there's more where this came from.

We expect to have a reception honoring the artists likely in early July (trial schedules permitting), but I wanted to get something up sooner to thank the artists for their help furnishing our office with beautiful artwork

Posted by Michael C. Smith on May 28, 2012 at 12:06 AM in SRBPS Firm News | Permalink | Comments (0)

Historical Marker Dedication at SBPS - Marshall

Marshall_News_Messenger_02-03-2012_A_Page_1Yesterday's historical marker dedication at the SBPS - Marshall offices at 111-113 E. Austin for our predecessor, the Hub Shoe Store, went well. Those are my three boys in the foreground of the photo in the paper - Parker and Collin are recording the moment for posterity on their 3Ds's, while Grayson is being appropriately respectful (or more likely, just bored).

Copy of scan0022Just for grins, attached is my dad in 1974 doing the ribbon cutting for his store (like the green jacket, there, Daddy) which, coincidentally was next door to the Hub at 115A E. Austin (you can see the Hub in the background).  And for further entertainment, this is my grandfather in his store at 107 E. Austin in 1951 (it later relocated to 115A).  So we have a little family history of our own on this block.  257616_2050987841502_1448689235_32406843_1152240_o

As the Marshall paper reported, the marker inscription reads:

Mose Weisman opened Hub Shoe Store on E. Austin Street in 1897. The Weisman family migrated from Bavaria, Germany, to Syracuse, New York, and then to Marshall in the late 1840s, becoming part of the town’s thriving Jewish community. Weisman’s nephew, Louis W. Kariel, purchased the business in 1924. Kariel, a World War I veteran, later became Marshall’s first Jewish mayor. His son, Louis W. Kariel, Jr., became the store’s sole owner in 1969 and continued a tradition of service as a city leader. The Hub Shoe Store closed in 2001, and today it and its proprietors continue to be remembered for a legacy of commerce and service in the Marshall community.

“The marker was the capstone for the renovation,” the paper said I said (which I actually did, and which it actually was).

"From photos to artifacts and other memorabilia, like the old neon sign," it went on, "everywhere you look while touring the building is a reminder of its former purpose as a shoe store.  Walls between the two addresses are long but not plain, as Smith has dedicated these to local artists’ use as a gallery, making the space useful to Marshall’s creative community.  The Hub logo has carried over for use in the law office. Smith wore it monogrammed on his sweater Thursday, and he also presented monogrammed jackets to the Kariels, who spent many years in service at the shoe store."

 

Posted by Michael C. Smith on February 03, 2012 at 02:22 PM in SRBPS Firm News | Permalink | Comments (0)

Hub Historical marker dedication Thursday @ 4pm

IMAG0504Tomorrow afternoon will mark the final milestone in the renovation of the historic Hub Shoe Store building at 111-113 East Austin Street into Siebman, Burg, Phillips & Smith LLP's law offices in Marshall as we dedicate the new historical marker ProgramSchedulethat celebrates the building's prior occupant, the Hub Shoe Store from IMG_20801897-2001. 

As the picture to the left shows, the right side of the facade is restored to its 1897 appearance, while the left side is more like its' 1940's look. 

The store actually began on the right side in 1897, moved to the left in 1928, and sometime in the '50's or '60's got the right side back and expanded into it.   Hub- 001Rather than keep the existing aluminum facade which presented a consistent appearance (shown on the right) we took the aluminum down and restored each side as far back as its surviving fabric allowed (see picture below).

If you're in town for a trial or hearing, stop by for a cup of coffeeHub- 096 - we're always happy to do tours.  They're even more entertaining when there's a 10-15 person trial team working out of the left side.  The incongruity of century-old shoe shelves, modern electronics, local artists' artwork on display and frantic patent lawyers is just not to be missed.

 

 

Posted by Michael C. Smith on February 01, 2012 at 12:41 PM in SRBPS Firm News | Permalink | Comments (0)

2011 SBPS-Marshall Christmas Cards

DSC_0041This is a timely post not just because of the season but because Texas Lawyer recently had an article on the subject of holiday cards. In it, Legal Intelligencer reporter Jamie Mulholland has some suggestions about the care and feeding of holiday card programs.  And the Dallas paper's Jacquielynn Floyd has recently discussed the card custom, which she calls a "sentimental scrap of Victoriana", and which as her article makes clear, she thinks is a good thing. 

Along those lines, we have this year's firm cards ready to go, at least aside from the annual reinvention of the wheel in the form of figuring out how to print address labels (it might help if we laid off the eggnog while working on this issue).  Our card once again features original artwork from Marshall artist Carol Pace, specifically a watercolor entitled The Wonder of It All, which celebrates and recognizes this year's 25th anniversary of Marshall's Wonderland of Lights festival. Wol_25th_logo

The artwork is of the long-suffering pecan trees on the old courthouse square, which are annually wrapped in lights, and of the downtown lamp posts, with the old courthouse's columns and windows in the background.  It is the first of Carol's cards for us that isn't of a piece of architecture, as you can tell from the photo (which has our past years' cards in the background), but it's unanimously our favorite in the office.

Posted by Michael C. Smith on December 19, 2011 at 04:38 PM in SRBPS Firm News | Permalink | Comments (0)

Day in the life of an old building; trial team and historical marker arrive

IMAG0478You know that trial is just around the corner when the copy center truck pulls up with the visiting trial team's copier.  The lawyers won't be far behind, and - most importantly - neither is the catering...

Fortunately we have the store's original 1897 doors, which fold back against the wall to accommodate delivery of "merchandise", but every time I open them I think back about the shoe store's founder Mose Weisman and what would he think of all this nonsense in his his old shoe store?

In other news, we finally received the office's new IMAG0479Texas registered historical marker this morning, so we'll have that up in the window shortly and set a marker dedication at the local historical commission's convenience.

In actual law-related news, I posted yesterday on a couple of recent cases on e-mail discovery - a hot topic lately.  I hope to have a couple more recent cases up today or tomorrow before we shut down non-essentials (like this blog) for trial.

Posted by Michael C. Smith on October 12, 2011 at 02:30 PM in SRBPS Firm News | Permalink | Comments (0)

SBPS Open House Invitation (at the old Hub Shoe Store)

85077 We aren't sending out paper invitations for the open house Thursday, but here is the electronic version which is going out to locals tomorrow morning.

Posted by Michael C. Smith on August 30, 2011 at 06:50 PM in SRBPS Firm News | Permalink | Comments (0)

SBPS - Marshall office ribbon cutting on Thursday, Sept. 1 (not Sept. 2)

Bf Thanks to Mike Miller of Marshall for catching that I got the date wrong in my post on our open house this Thursday from 2-4 pm.  Thursday is of course September 1, not September 2.  The Blue Frog cookies will be present in the office from 2-4 pm on Thursday of this week, which calendar purists insist is September 1. 

And the new artwork keeps coming in, so there will be plenty to look at.  I think I mentioned the giant coffee mugs...

Posted by Michael C. Smith on August 29, 2011 at 03:03 PM in SRBPS Firm News | Permalink | Comments (0)

SBPS Marshall Law Offices (former Hub Shoe Store) Ribbon Cutting & Open House - Thursday, Sept. 1 @ 2-4 pm

IMG_2088 We are 018 finally having the official ribbon cutting and open house for Siebman, Burg, Phillip & Smith, LLP's new Marshall offices in the building known for 114 years as the Hub Shoe Store (photos show the 113 side currently, during renovations, and as a shoe store in about 1908 - plus a picture of my boys looking out from their room on the mezzanine behind my office).  The date and time are set as this coming Thursday, September 1 at 2pm, with an open house reception for the community from 2-4 pm.    Hub- 055

IMG_1604 As I have noted before, our law firm occupies the eastern of the two 1870's storefronts that make up "the Hub", with the west side separated by two doorways - we use it when we need it for our clients and cases, but it's designed to operate as a standalone office and trial space for visiting lawyers and firms as needed.  Which is why the open house has been so long delayed - the "rent side" has been 014b occupied by three trial teams trying patent cases in federal court here in Marshall in recent months, including back to back in June and July, so we just found a brief window where it is available before it goes back to work for visiting lawyers later in September. 

The sepia-toned picture on the right shows the interior of that side as of 1928 - we've restored the mezzanine to the appearance shown but since the area that once had chairs is now filled by conference rooms, it's impossible to get a current photo from the same angle.  Best I can do is the reverse angle from the balcony shown at left, which shows atrium under the skylight and the conference rooms beyond - with the neon shoe store sign over the front door (it was, obviously, originally outside as the photo below shows). Hub- 614 MIKE1

IMG_2077 Again the pictures below show Hub- 001the current appearance, at the beginning of the renovations (with aluminum facade up), after the aluminum facade came down (the Roman brick and corrugated metal is a nice look, don't you think?), Hub- 096 and as originally.  001

We are looking forward to showing the new offices to the community, and saying hello to visitors.  If you're in the neighborhood, please stop by and say hello and help us celebrate.

 

 

 

Posted by Michael C. Smith on August 26, 2011 at 06:08 PM in SRBPS Firm News | Permalink | Comments (1)

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