NEWS AT THE FIRM

OUTBACK STEAKHOUSE RECOGNIZES DALLAS LAWYER
Trial Attorney Rogge Dunn Wins Service Award For 6th Time

Rogge Dunn with Outback’s Executive Team

The parent company for Outback Steakhouse once again is honoring Dallas trial attorney Rogge Dunn based on his exemplary legal work for the company during the previous year. At its recent annual partner’s conference in Orlando, Fla., OSI Restaurant Partners recognized Mr. Dunn as a 2007 Purveyor of the Year. Since 2001, Mr. Dunn has earned the award six times for his work on behalf of Outback Steakhouse and its affiliated restaurants, including Carrabba’s Italian Grill.

The distinguished award is presented annually to Outback service providers such as Mr. Dunn who have significantly assisted the company in furthering its business goals. Mr. Dunn has represented Outback for 13 years. His work for the company includes handling matters involving trade secrets, non-compete agreements, and business and employment disputes.

OSI Restaurant Partners is the third-largest casual dining restaurant chain in the United States. The company has more than 1,400 restaurants located in all 50 states and 21 countries.

SHAIN KHOSHBIN RECOGNIZED IN 2008 CORPORATE COUNSEL EDITION OF SUPER LAWYER FOR BUSINESS LITIGATION:

“100% Innovation.  100% Litigation.  100% OF THE TIME.”  Shain Khoshbin has been recognized as one of America's top business litigators in the inaugural issue of Super Lawyers Corporate Counsel Edition. Selections for the Super Lawyers Corporate Counsel Edition listing are based on peer nominations and statewide voting from across the country. A blue-ribbon panel of lawyers selected by the Super Lawyers editors make the final selections, and fewer than 5 percent of all attorneys are chosen for this honor each year.

SHAIN KHOSHBIN SOLIDIFIES JURISDICTIONAL STANDARD BEFORE TEXAS SUPREME COURT:

On January 25, 2008, the Texas Supreme Court issued a per curiam opinion solidifying the “bona fide attempt” standard for invoking appellate jurisdiction in the State of Texas.  Shain Khoshbin was lead counsel for the appellant in Warwick Towers Council Of Co-Owners v. Park Warwick, L.P., Park Warwick Investments, L.L.C. and Park Hotel Investments, L.L.C., --- S.W.3d ----, 2008 WL 204504 (Tex.), and successfully argued that the Texas Supreme Court should reverse the court of appeals’ decision, and remand it for a decision on the merits. 

SHAIN KHOSHBIN SELECTED TO 2008 ABA HISTORICAL TRIAL LEGAL TEAM

Shain Khoshbin has been selected to serve as the lead prosecuting attorney in the Historical Trial at the American Bar Association's Annual Meeting in New York this year.  The Historical Trial concerns the infamous murder trial of millionaire Harry Thaw for shooting renowned architect Stanford White.

On June 25, 1906, Pittsburgh millionaire Harry Thaw shot and killed Stanford White - - the celebrated architect of Madison Square Garden - - in his famous building, in front of the entire audience of a musical premiere.  Both men had reputations for debauchery, and Thaw was reputed to accompany romance with dog whips.  Thaw’s wife, Evelyn Nesbitt Thaw (a former chorus girl) had once been White’s teenage mistress, and the court proceedings were quickly dubbed “The Trial of the Century.” 

Thaw’s first trial ended in a hung jury, but a second jury found Harry Thaw not guilty by reason of insanity.   Was Thaw really insane, or did he simply get away with murder? The audience at the Historical Trial will be the jury deciding this issue, as the case is retried using contemporary science and technology by the trial attorneys, as well as psychologist Darlene Shelton, forensics expert and law professor Jim Starrs, and trial consultant David Weinberg.
 
The continuing education course is called: Historical Trial: Murder at Madison Square Garden.  The trial will take place on Friday, August 8, 2007, from 2:00 p.m. to 5:00 p.m. in New York.

CDK Obtains Summary Judgment for Fortune 1000 Company Sued Over Triple Homicide
Rogge Dunn and Shain Khoshbin obtained a Summary Judgment in favor of Outback Steakhouse on June 29, 2007. The Judge’s order dismissed all of the Plaintiffs’ claims arising out of a triple homicide at the Outback Texarkana restaurant.

Two former employees of Outback Steakhouse returned to the restaurant after they had been fired and robbed the Outback and killed 3 members of the management team, including a pregnant manager, execution style. The Plaintiffs’ team of lawyers included the law firm of Provost Umphrey which filed suit alleging negligent hiring and premises liability and demanded $7 million dollars in settlement.

Rogge Dunn Honored as Outback Steakhouse Purveyor of the Year
At its prestigious annual partners’ conference in Nashville, Tennessee, Outback Steakhouse recognized Rogge Dunn as a 2006 Purveyor of the Year. This is the fifth time in the last six years that Outback has bestowed the award on Mr. Dunn.

CDK ON TOP OF THE WORLD
This summer, Shain Khoshbin and his son reached the summit of Mount Kilimanjaro’s Uhuru peak in Tanzania.  Kilimanjaro is the tallest free-standing mountain in the world.  Uhuru – which is Kilimanjaro’s highest peak – stands at over 19,340 feet, and is the highest point on the African continent (one of the "Seven Summits").  Kilimanjaro stands taller than any mountain in Europe, and almost 5,000 feet higher than any point found in the contiguous United States. Roughly a dozen people die climbing Kilimanjaro every year.

In January 2007, Keith Clouse and Alyson Brown obtained a $1.2 million arbitration award in a breach of employment contract case before the American Arbitration Association.

Alyson Brown has been invited to join the American Arbitration Association’s Roster of Neutrals for Employment Disputes.

Rogge Dunn Wins No Cause Sarbanes-Oxley Determination for Global 150 Company
Rogge Dunn obtained a no cause finding on a Sarbanes Oxley claim made by an executive against a Global 150 Company.

Bruce Rothstein has joined the firm as of counsel. His practice focuses on complex business litigation especially with regards to copyright, trademark and entertainment law and an intellectual property office practice including copyright and trademark registrations and the negotiation and drafting of contracts. He is a former chair of the Sports and Entertainment Law Section of the Dallas Bar Association. brothstein@cdklawyers.com

Robin Bechtold

Bryan Collins

Susan LaSalle