March 6, 2015, Dallas-based member and in the firm’s Corporate Finance Practice Group, authored the article, “Some Free Advice: Is a MAC Clause the Answer?,” which appears in the March 2015 issue of Metropolitan Corporate Counsel, a monthly publication distributed to nearly 20,000 top-tier executives. In the article, White discusses material adverse change (MAC) and material adverse effect (MAE) clauses and whether or not to use them transaction agreements. To read the entire article, click.

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Courtroom Technology Contact the courtroom clerk regarding use of this equipment. Both the District and Magistrate Judge courtrooms are equipped with a fully integrated evidence presentation system with 15' viewing monitors for each attorney table, the witness, the Judge and their staff, and two 40' in wall mounted plasma displays for the gallery. The jury box also has 15' monitors built into the front and back rows of the jury box, one for every two jurors. Evidence being displayed from any source can be annotated from the witness, lectern, and Judges monitors. All attorney tables have the ability to connect both audio and video from a computer through a standard VGA port laptop/desktop and even Mac/Apple if you have the VGA adapter. In addition, there are two computer audio and video inputs located at the lectern location.

Also at the lectern, is a document camera for displaying physical evidence that is not electronic and a VCR unit. Each courtroom has built-in video conferencing cameras for remote appearances, but only one conference can be made at the same time. A portable video conference unit can also be brought in. Civil - Case Management.

MGM Q1: Do you have any specific scheduling order or any particular topics that counsel must address in the joint statement in addition to/or in lieu of the topics required to be addressed under Local Rule 16.1(D) for the initial scheduling conference?. MGM A1: No. MGM Q2: If you have a specific scheduling order, please attach your order. MGM A2: Respondent skipped this question. MGM Q3: Do you have any additional requirement(s) as to the attorneys' obligation that they confer with their client(s) about case budget and ADR pursuant to Local Rule 16.1(D)(3)?. MGM A3: No. MGM Q4: What, if any, inquiries do you make about settlement prospects and/or interest in mediation at the initial scheduling conference?.

MGM A4: General inquiry if parties have actually discussed the option in a meaningful way. MGM Q5: What, if any inquiries do you make about the liklihood of trial at the initial scheduling conference?. MGM A5: This conference is held before the Magistrate Judge in Springfield. MGM Q6: What schedule do you set at the initial scheduling conference?. MGM A6: See 5. MGM Q7: After the initial scheduling conference, do you hold status conferences?.

MGM A7: Yes. MGM Q8: If so, when do you hold status conferences?. MGM A8: 3-4 months before the scheduled trial date. MGM Q9: If so, what issues do you address at status conferences?. MGM A9: trial issues including motions in limine, evidentiary matters which may arise, length of trial, witness issues, realistic likelihood of settlement Civil - Discovery. MGM Q10: Other than the requirements under Local Rule 16.1(D) for addressing certain discovery topics in the parties' joint statement, what, if any, discovery issues do you like counsel to be prepared to address at the initial scheduling conference?.

MGM A10: Held before Magistrate Judge. MGM Q11: What, if any, issues related to electronically stored information should counsel be prepared to address at the initial scheduling conference?. MGM A11: Magistrate Judge. MGM Q12: If the parties intend to file a proposed protective order, do you require any particular format and/or a specific time for doing so?. MGM A12: Court has a standing order discouraging the filing unless special circumstances. Expected that parties can reach agreements on this type of matter.

MGM Q13: Under what circumstances would you consider a bifurcation of discovery?. MGM A13: Magistrate Judge. MGM Q14: Given the new requirement under Fed. 26(b)(1) regarding the proportionality of the scope of discovery, what, if any inquiry do you make about this issue at the initial scheduling conference?. MGM A14: Magistrate Judge. MGM Q15: Other than the requirement that the parties confer in good faith to narrow the issues before filing any discovery motion under Local Rule 37.1(A), what, if any, additional requirements do you make of counsel before considering discovery motions?. MGM A15: Magistrate Judge.

MGM Q16: Typically, do you resolve discovery motions or do you refer them to the magistrate judge?. MGM A16: I typically refer them to the magistrate judge. MGM Q17: Do you typically hold a hearing on discovery?. MGM A17: No.

MGM Q18: Please describe your general practice regarding the resolution of discovery motions. MGM A18: Magistrate Judge. MGM Q19: Under what circumstances will you consider emergency motions regarding discovery matters?. MGM A19: Magistrate Judge.

MGM Q19: Do you have any particular practices or requirements about expert disclosures?. MGM A20: Magistrate Judge.

MGM Q21: What, if any, expert discovery deadlines do you set at the initial scheduling conference? When do you typically set a schedule for the filing of Daubert motions?. MGM A21: Daubert motions will be scheduled 3-4 months before trial at the final pre trial conference. MGM Q22: If the case involves a pro se litigant, do you typically have any different practices in regard to scheduling conferences, status conferences or discovery matters?. MGM A22: Yes, relax technical and deadline standards to a small degree but only up to point at which the pro se litigant is put on fair notice they are expected to comply and will be held to usual standard. Civil - Dispositive Motions.

MGM Q23: Other than the presumptive pages limits for memoranda under Rule 7.1(b), do you have any other requirements or preferences about the filing of dispositive motions?. MGM A23: No. MGM Q24: In connection with dispositive motions, do you require the filing of any courtesy copies of exhibits, depositions and/or other materials in addition to the electronic versions that are filed on ECF?. MGM A24: No. MGM Q25: Do you typically allow reply briefs and/or surreply briefs?.

MGM A25: Yes, Upon request for good cause. MGM Q26: If you allow reply and/or surreply briefs, do you impose a page limit?. Dell latitude cpx h500gt driver for mac. MGM A26: Yes, depends on issue(s) and complexity. MGM Q27: Do you typically hold a hearing on motions to dismiss?. MGM A27: often hold hearings but not every case.

Depends on issues. MGM-Q28: Do you typically hold a hearing on summary judgment motions?. MGM A28: Often hold hearings but not every case. Depends on issues. MGM Q29: If you typically hold hearings on dispositive motions, what, if any, time limits do you impose on counsel for their arguments?. MGM A29: Generally no time limits but as arguments develop or become repetitive the parties may be instucted to move along to another topic or wrap up.

MGM Q30: Under what, if any, circumstances, would you allow the filing of post-argument briefs?. MGM A30: If unanticipated variations of arguments raise issues the Court may identify the specific topic and request a brief with a page limit. Court will also consider requests of parties to supplement briefs on narowly identified issues. Civil - Patent Cases.

MGM Q31: Do you have any standing order and/or any particular practice regarding the management of patent cases? If so, please describe them. MGM A31: No.

MGM Q32: If applicable, please upload your standing order regarding the management of patent cases. MGM A32: Respondent skipped this question. MGM Q33: Do you have particular practice about Markman hearings? If so, please describe them including but not limited to whether you allow tutorial(s). MGM A33: No particular practice. Criminal Matters. MGM Q34: Do you handle matters regarding discovery in criminal cases?.

MGM A34: No. MGM Q35: Do you have any particular practices as to scheduling in criminal cases? If so, please describe them.

MGM A35: Respondent skipped this question. MGM Q36: If a defendant files a motion for release and/or modification of conditions of release after the case has been referred back to the district judge, is it your typical practice to resolve the motion or refer it back to the magistrate judge?. MGM A36: I resolve the motion. Depends on circumstances and how close the matter is to trial.

MGM Q37: Do you typically hold a hearing on motions for review of a detention order?. MGM A37: Yes. MGM Q38: Do you have any particular practices regarding the filing of suppression motions or hearings on suppression motions?. MGM A38: no routine practice but will vary approach depending on case needs, complexity and issues involved. General Trial Practice - Pretrial Matters. MGM Q39: Do you require the filing of a trial brief?.

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MGM A39:No, exceptions to this standard may apply if there is a demonstrated need based on complexity of issues or other factors which briefing would assist to avoid interruptions or delays during the trial. MGM Q40: If you do not require the filing of a trial brief, under what circumstances do you think it would be helpful to the Court?. MGM A40: See response to Question 39. MGM Q41: Do you typically hold an initial pretrial conference in criminal cases? If so, what issues do you want counsel to be able to address at each conference in addition to those addressed under Local Rule 117.1(a)?.

MGM A41: generally follow rule 117.1 (a). MGM Q42: Do you typically hold an initial pretrial conference in civil cases?. MGM A42: No. It depends on the extent of Magistrate Judges involvement with the case. MGM Q43: When do you set a deadline for the filing of proposed voir dire, proposed jury instructions and/or special verdict form, witness and exhibits lists, motions in limine?

Typically, how far in advance of trial are these deadlines?. MGM A43: deadlines are issued in a scheduling order approximately 7-10 weeks before trial. Some of the items are due a few weeks before trial but motions in limine will be due earlier. MGM Q44: Do you require that proposed voir dire, verdict forms and/or jury instructions be filed in any particular form (i.e., courtesy electronic copy to your deputy clerk Word or WordPerfect format, etc.)?. MGM A44: no requirements. MGM Q45: Do you set a page limit for motions in limine? If so, what is it?.

MGM A45: No. MGM Q46: Do you typically hear motions in limine at the final pretrial conference?. MGM A46: Yes.

MGM Q47: Do you typically resolve motions in limine at the final pretrial conference?. MGM A47: depends on motion and many are reserved for ruling until during trial. MGM Q48: Do you typically hear and/or resolve Daubert motions at the final pretrial conference?. MGM A48: depends on complexity of issue and if testimony will be presented. MGM Q49: Do you require the parties to provide a courtesy copy of trial exhibits to the Court before trial?.

MGM A49: No. MGM Q50: If courtesy copies of trial exhibits are required, when do you require them?. MGM A50: Respondent skipped this question.

MGM Q51: If courtesy copies of trial exhibits are required, what particular form is required?. MGM A51: Respondent skipped this question. MGM Q52: Do you require trial exhibits to be pre-marked? If so, please describe your practice?. MGM A52: Yes, coordinate with Clerk. Criminal - Scheduling Trials. MGM Q53: Typically, when do you set a trial date in criminal cases?.

MGM A53: whenever possible. MGM Q54: Typically, when do you set a trial date in civil cases?. MGM A54: often the Magistrate Judge will set or a date or one is selected after resolution of dispositive motions.

MGM Q55: What is your typical trial schedule?. MGM A55: full day is usually the schedule. MGM Q56: In civil cases, do you set time limits for counsel for opening statements, the presentation of evidence and/or closing arguments? If so, please describe your practice?. MGM A56: depends on case and the limits are included in the pre trial order Criminal - Jury Selection.

MGM Q57: Please describe your jury selection process. MGM A57: Initially all questions are posed to potential jurors who take written notes. Individuals are then interviewed outside the courtroom by the judge and attorneys regarding their answers.

MGM Q58: Under what circumstances, if any, have you or would you consider using a juror questionnaire?. MGM A58: Depends on the complexity of the case.

MGM Q59: If you would consider the use of a jury questionnaire, when and in what form should it be proposed?. MGM A59: Attorneys wishing for the court to use a jury questionnaire should file a motion with their request no later than the deadline for filing motions in limine. MGM Q60: Have you or would you consider allowing attorney voir dire?. MGM A60: Yes, See answer to 57. MGM Q61: In civil trials, typically what number of jurors do you seat?. MGM A61: 9.

MGM Q62: In criminal trials, typically how many alternate jurors do you seat?. MGM A62: 3.

General Trial Practice - Trial Practices. MGM Q63: Do you require counsel to use the podium during openings, examination of witnesses and/or closings?. MGM A63: No, choice of counsel unless there is an issue with everyone being able to hear or see.

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MGM Q64: How many rounds of examination do you typically allow?. MGM A64: Redirect, Recross. MGM Q65: Under what, if any, circumstances, will you allow a rebuttal case?. MGM A65: where a legitimate issue has arisen and a good faith showing and offer is made to support the request. MGM Q66: Do you have any preferences about the use of chalks during openings and closings?. MGM A66: no but prefer if agreements are reached by parties.

MGM Q67: Do you have any particular practice in regard to jury charge conferences? If so, please describe it. MGM A67: jury instructions are requested by the mid point of trial with the invitation and opportunity given to supplement or modify as appropriate. MGM Q68: Do you provide a written copy of your jury charge to the jury?. MGM A68: Yes. MGM Q69: Will you consider counsel's proposals of a special verdict form?

If so, should it be in any particular format?. MGM A69: yes, will consider. MGM Q70: If you have any preferences or practices about pretrial or trial matters that has not been solicited by the prior questions, please describe them here. MGM A70: Respondent skipped this question. MGM Q71: If you have any particular practices as to bench trials, please describe them. MGM A71: Respondent skipped this question.

Criminal - Sentencing/Revocation Hearings. MGM Q72: Do you require a sentencing memorandum in every case?. MGM A72: No. MGM Q73: If you do not require a sentencing memorandum in every case, when would it be helpful to you?. MGM A73: complex cases or those with multiple co defendants. MGM Q74: Under what, if any, circumstances, would you consider an expedited sentencing?.

MGM A74: will consider any basis articulated by one or both parties. MGM Q75: Do you have any particular practices regarding the presentation of victim impact statements at sentencing?. MGM A75: no particular practice other than wanting written statements included with pre sentence report and notice if a victim may choose to speak in court.

MGM Q76: Under what, if any circumstances, would you consider the postponement of a sentencing hearing?. MGM A76: any reasonable request. The court will sometimes continue sentencing after hearing argument in order to consider the matter. MGM Q77: Do you have any particular practices as to revocation matters?. MGM A77: standard practices Standing Orders & Miscellaneous Matters. MGM Q78: If your session has any standing orders, please attach them here.

MGM A78:. MGM Q79: Order #2. MGM A79: Respondent skipped this question.

MGM Q80: Order #3. MGM A80: Respondent skipped this question. MGM Q81: If there is any other guidance about your court practices and preferences that you would like to share with counsel that has not been solicited by any of the prior questions, please provide it here. MGM A81: Respondent skipped this question.