American Law Institute Drafts Retatement of Law of American Indians

Board-certified in business bankruptcy law by the Texas Board of Legal Specialization, Hugh M. Ray III serves as a partner at Pillsbury Winthrop Shaw Pittman (PWSP), LLP, in Houston. In addition to his work in corporate bankruptcy, Hugh Ray III also is a member of the member's consultative group of the American Law Institute drafting the "Restatement of the Law of American Indians".

Native American Indian law covers tribal law, federal law governing tribes and Indian land, compacts between the sates and a tribe, and even taxation and bankruptcy issues involving the limited sovereign immunity of tribes. Generally, tribal governments have autonomy over their internal affairs, but federal law intersects with and often regulates tribal members. 

One such federal law is the Indian Child Welfare Act, in which Congress awarded Native children “equal rights and human rights.” with an adoption preference whereby Native American children were preferred to be adopted by other Native Americans. The legislation had broad support from 325 tribes, 57 organizations, and 31 child-welfare groups, an argument in favor of reinstating the full force of the law was released in January 2019. 

With the additional support of seven members of Congress, a new legal brief requests that a federal appeals court review the Brackeen v. Zinke decision in the Northern District of Texas. In that case, federal Judge Reed O’Connor ruled that the Indian Child Welfare Act was a “race-based statute” in violation of the Equal Protection Clause. The ruling has been stayed pending the appeal.

Advocates for the law argue that the law protects against systemic bias, on the grounds that Native American children are separated from their biological families by state child welfare authorities at a much higher rate than white children, even though the reported rates of family abuse and neglect among the two groups were similar. The Fifth District U.S. Court of Appeals is expected to review Judge O’Connor’s ruling in summer 2019.

The American Law Institute does not take a position on the validity or invalidity of any law. It does not advocate for or against any legal proposition. However, as they stand as condensation of common law principles, the Restatements of Law are considered persuasive authority in nearly all courts.

The Meeting of the Waters in the Amazon Rain Forest

Houston-based attorney Hugh M. Ray III serves as a partner at Pillsbury Winthrop Shaw Pittman, a law firm with offices around the globe. In his free time, Hugh Ray III enjoys traveling to destinations such as China, Patagonia, and the Amazon rain forest. 

When embarking on an adventure to the Amazon rain forest, most visitors begin in the city of Manaus, Brazil, an urban center deep in the jungle. The city of 1.8 million people is surrounded by more than two million miles of rain forest. 

In the early 1900s, the remote city was a global center for the rubber trade. Today, as the natural entry point to the Amazon jungle, Manaus is a hub for the eco-tourism industry.

Most river tours of the Amazon take note of the "Meeting of the Waters" just outside Manaus, where the Rio Negro and the Rio Solimoes meet. Instead of immediately forming one river, the dark, tea-colored waters of the Rio Negro and the sediment-filled muddy waters of the Rio Solimoes remain separate and flow side by side for about four miles. 

The rivers stay separate for several reasons. Each river has a different average temperature and speed. While the Rio Negro remains at approximately 82 degrees and flows at 1.24 miles per hour, the Rio Solimoes maintains a 71-degree temperature and flows at 3.7 miles per hour. The differing properties cause the rivers to remain separated until they finally join to form the Lower Amazon.

Patagonian Glaciers Offer a Wealth of Outdoor Adventures

Houston-based lawyer Hugh M. Ray III heads the insolvency and restructuring practice at Pillsbury Winthrop Shaw Pittman LLP. In his work with the international law firm, he represents clients around the world. Hugh Ray III has a passion for travel and skiing, and he had the opportunity to combine the two pursuits on a recent trip to Patagonia, in South America.

Patagonia is home to extensive glaciers, which flow from the South Patagonian Ice Cap and have been responsible for carving out a jagged and mountainous landscape over the millennia. In addition to exceptional skiing, they have created world-class hiking routes, including the classic W Trek in Chile’s Torres del Paine National Park. This four-day trek takes in highlights such as the nine-mile-long Grey Glacier, which feeds the crystal waters of Lago Grey.

Many of the most remote Patagonian glaciers are inaccessible by land and are best taken in through expedition vessel cruises. Typically lasting three to four days, these adventure tours focus on the Tierra del Fuego and the Straits of Magellan, and encompass "Glacier Alley" along Patagonia’s southernmost tip. To the north, coastal fjords are broken up by hills that present diverse flora and fauna.

ABA Releases New Guidebook for Intellectual Property Law

Rated a top lawyer by Houstonia magazine, Hugh M. Ray III serves as a partner at Pillsbury Winthrop Shaw Pittman LLP, where he focuses on bankruptcy and commercial litigation. Alongside his law practice, Hugh M. Ray III maintains membership in a number of professional organizations, including the American Bar Association (ABA).

A new book from the ABA Section of Intellectual Property Law aims to be the comprehensive resource for attorneys litigating IT cases in the modern digital landscape. Titled, IP Valuation for the Future: Trends, Techniques, and Case Studies, the book provides attorneys with an all-in-one sourcebook for a deeper understanding of intellectual property and its place in business law. 

Authored by Weston Anson, the book looks at recent case studies and provides detailed analyses of the way major digital platforms, such as Amazon, Facebook, and Google, impact intellectual property cases and the digital society at large. The book may be purchased from the ABA bookstore at shop.americanbar.org.

The ABA Standing Committee on Ethics and Professional Responsibility

A business bankruptcy attorney and recipient of Houstonia magazine's Top Lawyer award, Hugh M. Ray III has been a long-time advocate of professionalism in legal practice. As a result of his outstanding legal work and dedication to the legal profession's highest principles, Hugh Ray III was inducted as a Life Fellow of the Fellows of the American Bar Association.

The ABA Standing Committee on Ethics and Professional Responsibility was established over a century ago to set ethical standards for attorneys and judges across the United States. The ABA’s Model Rules of Professional Conduct is used to develop standards for ethical legal practice and conduct. Further, the opinions of the committee serve as guidelines for court decisions involving the interpretation of the rules. 

Most recently, the committee has drafted a proposal revising the ethical standards for communications advertising legal services. The draft outlines the requirements of any communication associated with a lawyer or law firm to be truthful and free of misleading information. The proposal also identifies circumstances where attorneys can pay for recommendations or references.

What is a Bet-the-Company Case?

Hugh M Ray III leverages a J.D. from Vanderbilt University and years of legal experience as a partner at Pillsbury Winthrop Shaw Pittman LLP in Houston, Texas. A Life Fellow of the American Bar Foundation, Hugh Ray III has served as a lead trial attorney in cases ranging from complex reorganizations and bankruptcy proceedings to commercial litigation and bet-the-company cases.

On a general level, bet-the-company cases refer to high-stakes litigation that threatens the existence of a business. These cases, which can impact established firms as well as start-ups, often result from investigations, natural disasters, product liability, or even attacks on a firm’s line of business and reputation. 

Bet-the-company cases are known for their complicated nature and the unique challenges they present to attorneys. Litigation may span federal, state, and international jurisdictions and be impacted by multiple adversaries simultaneously. Moreover, bet-the-company cases often have criminal, civil, arbitral, and administrative components. On top of all this, attorneys involved in these cases must cooperate with a range of stakeholders within the business in addition to outside customers and governmental authorities.

Pillsbury Winthrop Shaw Pittman, LLP, in Houston

Named one of Houston’s Top Lawyers by Houstonia magazine, Hugh M. Ray III is also a “Super Lawyer,” an outstanding attorney who has attained a high degree of professional achievement and peer recognition. Hugh Ray III leverages his extensive legal expertise as a partner at the law firm of Pillsbury Winthrop Shaw Pittman LLP.

Based in Houston, Texas, Pillsbury Winthrop Shaw Pittman has been named one of North America’s most innovative law firms by the Financial Times. The firm employs more than 700 attorneys who provide expertise in areas that include aviation, real estate, and insolvency and restructuring.

The firm’s insolvency and restructuring practice serves a diverse client base, including borrowers, creditors, financial institutions, and distressed investors. In addition to developing cutting-edge solutions for bankruptcies, the practice provides assistance to clients navigating complex business cycles. For additional information on Pillsbury Winthrop Shaw Pittman, visit www.pillsburylaw.com.

FAA Registration Requirements for Unmanned Aircraft Systems

A partner at Pillsbury Winthrop Shaw Pittman, LLP, Hugh M. Ray III practices at the firm’s insolvency and restructuring practice in Houston, Texas. In addition to handling commercial litigation and reorganization cases, Hugh Ray III regularly speaks on the law of drones, or unmanned aircraft systems (UAS).

The Federal Aviation Administration (FAA) requires commercial drones in the United States to be registered with the organization before the owners operate them. Drones that qualify for part 107 registration must weigh between 0.55 and 55 pounds. This weight includes added payloads, such as an onboard camera. UAS owners must also be at least 13 years old to register. Owners who operate a drone without registering it are subject to criminal and civil penalties. 

In most cases, drones in the US must be registered under the FAA’s Small UAS Rule (Part 107) or the Special Rule for Model Aircraft (Section 336). Drones registered under part 107 have specific restrictions on both hobby and commercial use. They must be flown within a visual line-of-sight, away from "no drone" areas (such as near airports or Washington, D.C.) and must weigh less than 55 pounds. Meanwhile, drones filed under the Small UAS Rule can be used for recreational or commercial purposes. But they also cannot be flown at night, near other aircraft, over crowds of people, or outside the visual line-of-sight. Commercial operators must obtain a Remote Pilot Certificate. In addition, several states and local governments have enacted their own regulations on drone use. 

Non-commercial registration with the FAA is a relatively simple process and requires an email address, home address, name, and the make and model of the UAS. The FAA charges $5 per aircraft for the registration, which lasts for three years.

ABA, CloudLaw, and State Bars Join to Improve Public Access to Lawyers

Texas-based attorney Hugh M. Ray III serves as a partner with Pillsbury Winthrop Shaw Pittman, LLP. In this capacity, he handles commercial litigation, complex reorganization, and bankruptcy cases through the firm’s insolvency and restructuring practice. Active in the professional community, Hugh Ray III belongs to the American Bar Association (ABA).

In January 2018, the ABA, one of the largest voluntary professional organizations in the world, announced that it had partnered with CloudLaw Public Benefit Corporation and several state bar associations to develop online legal directories for lawyers and the public. Through this partnership, the organization plans to create an easy-to-use network that promotes connections with and between legal professionals, host a lawyer search, and provide users with important legal information.

To ensure this network accomplishes all its goals, each partnering organization has a specific role to play. The state bars are responsible for developing an online public legal directory that is more personalized and capable of serving the needs of the public. Meanwhile, CloudLaw and the ABA will work together to create an online lawyer-to-lawyer directory. Serving as a central hub, this directory would allow lawyers to connect with one another for consultations, co-counsel work, and projects.

Five Tips for Preparing for a Marathon

Hugh M. Ray III serves as a partner with Pillsbury Winthrop Shaw Pittman LLP, where he focuses on bankruptcy, commercial litigation, and complex reorganization. Beyond his professional obligations, Hugh Ray III takes part in triathlons and marathons. Training for a marathon can take a lot of time and effort. The following tips can help you prepare. 

1. Choose the right footwear. Purchase sneakers or running shoes that fit your feet perfectly, which may mean trying out different brands due to slight differences in width. If you plan to complete a full marathon, you may want to consider getting fitted at a pro running store. 

2. Protect against blisters. The right socks will keep your feet cushioned and protect against blisters. Double-layered socks work well for this. 

3. Increase mileage gradually. Gradually increasing your running mileage over the course of your training will heighten your stamina and further your ability to complete the marathon. Consider an increase of approximately one to two miles per week, and make sure you start training early enough to fit this into your training schedule. 

4. Alternate easy and hard training days. Alternating between easy days of training and harder ones helps to prevent burnout. Refrain from undertaking hard training two days in a row, even if you miss a day. This allows the body to recuperate and fosters strength and stamina. 

5. Incorporate rest days. Incorporating rest days into your training schedule allows your muscles to recover from taxing workouts and helps protect against injury. You can engage in mild physical activity during rest days, such as walking, yoga, or swimming.

Martindale-Hubbell’s Peer Review Ratings Methodology

Board certified in business bankruptcy law, Hugh M. Ray III serves as a partner in the Insolvency and Restructuring Practice at Pillsbury Winthrop Shaw Pittman, LLP. Respected in his field, Hugh Ray III has been selected as a Super Lawyers numerous times and holds an AV rating from Martindale-Hubbell.

Since 1896, Martindale- Hubbell has helped consumers find qualified lawyers with its Peer Review Ratings system. This system gives attorneys the opportunity to rate their colleagues on a scale of 1 to 5 within the categories of analytical capabilities, judgment, legal experience, communication ability, and legal knowledge. These surveys are all anonymous and are administered online across multiple geographic locations and jurisdictions.

Lawyers who want to be a part of the peer-review process must provide some basic information, including a valid email address, their college and law school, and the year and state in which they were first admitted to practice. With this information, professionals create a profile at Martindale-Hubbell, through which they can submit their peer reviews. This profile also allows attorneys to be reviewed by others if they so choose.

Using attorney reviews, Martindale-Hubbell assigns the ratings of Notable, Distinguished, or AV Preeminent. These ratings are based on a lawyer’s peer ranking, ethical standards, and professional excellence. Not every lawyer has peer reviews due to a lack of colleagues within their practice or geographical area or because they chose not to participate in the peer-review process.

Notable, Distinguished, and AV Preeminent are registered certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards, and policies. For more information, visit www.martindale.com/Products_and_Services/Peer_Review_Ratings.aspx.

Three Ways to Support Vanderbilt University Law School as an Alumnus

A partner in the Restructuring and Insolvency practice at the firm Pillsbury Winthrop Shaw Pittman LLP, Hugh M. Ray III is a Texas-based attorney with experience in bankruptcy law. Prior to his role with Pillsbury, Hugh Ray III earned his JD from Vanderbilt University Law School in Nashville, Tennessee.

The nearly 9,000 alumni of Vanderbilt University Law School practice in all 50 states and 37 countries around the world, and have an opportunity to support their alma mater through:

- Financial gifts. The faculty, staff, and students of Vanderbilt University Law School are well served by monetary donations made to the Annual Fund, where unrestricted gifts are allotted by the school’s dean based on areas of need. Alumni also can donate funds specifically dedicated to scholarships for students or the support of endowments for faculty chairs. 

- Volunteer opportunities. Alumni volunteers play an important role in planning reunion events, contacting classmates to encourage donations, and recruiting and interviewing potential future students for acceptance into Vanderbilt University Law School.

- Board service. Past graduates of Vanderbilt University Law School have the opportunity to serve the school in an executive capacity as a board of advisors member. This group meets once per year to give input and advice on the school’s academic programs, motivate alumni to give back to the school, provide mentorship to students and new graduates, and share the Vanderbilt experience with prospective students who demonstrate exceptional potential in the field of law.

What is Bet-the-Company Litigation?

Texas attorney Hugh M. Ray III practices as a partner with Pillsbury Winthrop Shaw Pittman LLP in Houston. Hugh Ray III focuses his work on complex restructuring and business bankruptcy. He routinely leads high profile and high stakes bet-the-company cases.

Bet-the-company litigation describes cases that will overwhelm or effectively end a company if lost, whether that company is a small startup or a financial giant. Cases like these often arise when severe regulatory problems occur, when a large-scale disaster happens, or when litigation causes a company to become unprofitable in other ways such as through reputation damage.

In complicated cases, litigation can take place in multiple jurisdictions or between multiple litigants. This compounds existing problems by spreading legal resources thin. When governmental or regulatory bodies are involved, lengthy investigations can also complicate matters. Many law firms report a dramatic increase in bet-the-company cases in recent years. Some reports show that this type of litigation has tripled or quadrupled in popularity in the US since 2014.