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49 Headnotes 1 (2024)

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Dallas Bar Association







           HE1111111


January 2024


Volume 49 Number 1


Focus Corporate Counsel/Securities


DBA's 115th Pres'dent: B'l Mate'a


BY  GRIFFIN RUBIN
   The   Dallas Bar  Association  welcomes
its 2024  President, Bill Mateja, who  will
serve as the 115th President of our storied
Association. Mateja is an established white
collar trial lawyer with a particular focus on
healthcare fraud and securities enforcement.
He  is a former Department of Justice (DOJ)
prosecutor, at one point responsible for all
of the DOJ's white-collar operations, as well
as the day-to-day workings of its corporate
fraud task force. Mateja also served as Special
Counsel for Health Care Fraud, overseeing all
the DOJ's healthcare fraud enforcement. He
is currently a partner at the Dallas office of
Sheppard Mullin.
   Mateja's  accolades and  honors   barely
begin to tell the story of his career as an
attorney. In truth, Mateja  has  only ever
wanted  to do one thing-try cases. He real-
ized as much  early on  as a baby lawyer
working in Dallas. To chase that goal, he left
Dallas and headed  to Lubbock to serve as a
federal prosecutor. There Mateja got exactly
what  he wanted, as he rode circuit across
Texas trying cases. After some time as a fed-
eral prosecutor and serving in high-ranking
positions with the DOJ in Washington D.C.,
Mateja  returned  to Dallas, where  he has
called home ever since.
   Though  Mateja  has made  his way across
Texas and the country during his career, his
service to the  legal community  is mostly
deeply rooted  in the Lone  Star  State. In
1997, he  served as President of the Texas
Young   Lawyers  Association  (TYLA),   an
office previously  held  by  many   lauded
attorneys, federal and   state judges, and
elected officials across this state. As TYLA
President, Mateja   forged  and  cultivated
friendships that he  cherishes to this day.
That  experience left an indelible mark on
him, and  it continues to energize Mateja's
desire to serve the legal community, locally
and at large.
   Even with an incredibly active trial docket,
Mateja  assumes the role of DBA   President
with energetic plans for 2024. While he is less
inclined to set stringent, formalistic goals in
order to provide flexibility within the member-
ship to shape the DBA's collective future, he
nevertheless will seek to empower members to
effect change.
   One  area he seeks to develop and empha-
size is the role  of criminal practitioners
within the DBA.   Though  criminal practice
can and  does differ considerably from civil
practice, Mateja believes that more can be
done to afford criminal practitioners a more
suitable environment within the DBA to col-
laborate, socialize, and come together more
often with the criminal bar and civil prac-
titioners in Dallas. Mateja believes this goal
is critically important, and he is confident
that he can  help with this effort given his
hybridized practice and  specialty in white
collar work, which frequently places him in
the criminal, civil, administrative, and regu-


                            . ,


Bill Mateja
latory spheres (sometimes all at once).
   Mateja  additionally seeks  to optimize
the way  law firms operate and  co-exist by
building upon  the foundation  of the DBA
Managing   Partners' Forum. The  Managing
Partners' Forum is a project originally spear-
headed  by immediate  past DBA   President
Cheryl Camin   Murray  as an outlet for man-
aging  partners at firms around  Dallas to
come  together to collaborate and communi-
cate. Mateja seeks to ramp up this initiative
with  further partnerships  and  additional
avenues  for  networking,  communicating,
and sharing ideas that will hopefully lead to
positive changes to the practice of law in
Dallas.
   When   all is said and done, Mateja hopes
that his presidency will be impactful on all
those involved in the legal industry in Dallas,
from the partners at the top to support staff
without whom  practitioners would not be able
to practice. Mateja is a lawyer's lawyer. To
him, nothing is more important than being an
excellent lawyer in service to clients and the
Bar. And he hopes that what he can bring to
the DBA  are efforts and initiatives that help
others achieve that same goal in their careers.
No  matter where Mateja has been or what he
has done-from   Dallas to Lubbock  to D.C.
and  back-he   has enjoyed bar service and
hopes that his past experiences will guide and
motivate him  during his year at the helm of
the DBA.
   Congratulations to  Bill Mateja,  as he
embarks on his journey as the 115th President
of the Dallas Bar Association. The future looks
bright as ever for the DBA as it heads into its
151st year.                            HN

Griffin Rubin is an attorney at Sbaiti & Company and can be reached at
gsr@sbaitilaw.com.


Sylvia Demarest and Edward Cloutman

Win 2024 MLK Justice Award


   The  Reverend  Doctor famously
said the moral arc of the universe
is long, but it bends towards justice.
But it does not bend on its own. It
takes men and women  of exceptional
courage,   honor,  and
integrity to look at the
status quo and  demand       y
a better, more equitable
world. Every year since
1992,  the  Dallas  Bar
Association  has  given
out  the Martin  Luther
King  Jr. Justice Award
to  recognize  members
of  our  legal commu-
nity who have dedicated
their careers to helping
bend that arc. It is with
deep  gratitude that the
DBA   announces  Sylvia
Demarest   and  Edward
Cloutman   as  co-recip-
ients of the 32nd MLK
Justice Award.
   Demarest grew  up in
Lake Charles, Louisiana,
in a Catholic family of
trappers, farmers, and
hunting   guides. After  Edward
graduating   from   the
University of Texas School of Law,
Sylvia Demarest immediately turned
her  attention to civil rights. At
the early age of 27, she was named
Executive  Director of the  Dallas
Legal Services Foundation, where she
was an integral part of the litigation
that would lead the City of Dallas to
shift from electing its City Councilors
At-Large to electing them by geo-
graphic district-a historic milestone
for people of color in Dallas politics.
She  entered private practice work-
ing with Windle Turley, moving up
the ranks to become a member of the
firm's leadership before opening her
own  firm some six years later. There,
she would go on to represent victims
of sexual abuse in lawsuits against
the Catholic Church, one of which
would result in a historic $119 mil-
lion verdict in 1997. Throughout her
career, she has been actively involved
in the legal community, serving as
President of the Dallas Trial Lawyers'
Association in  1983  and on  the
Board of Directors for the Texas Trial
Lawyers' Association from 1985 to
1990. She has been a dedicated men-
tor to the future generation of law-
yers, serving as an adjunct faculty
member  at SMU  Dedman   School of
Law  teaching Trial Advocacy as well
as being a member  of the national
faculty of the National Institute of


continued on page 18


Inside


8    2023 Developments in the Securities Regulation

1 8  Unlocking the SEC's New Private Fund Adviser Rules

24   DBA  Inspiring Women  13

28   Meet Your Allied Bar Presidents for 2024


       RENEW YOUR MEMBERSHIP DUES
            Don't risk being dropped from the DBA membership!
   Renew TODAY in order to continue receiving all your member benefits including
FREE online CLE programs and Committee Communications. Look for an email reminder
                  with links to renew your Dues online.
     Thank you for your support of the Dallas Bar Association!


Sylvia Demarest


I       -~


~awara uiouman


   Trial Advocacy.
      Cloutman, the son of two school
   teachers and another native of Lake
   Charles, earned his J.D. at Louisiana
   State University. He came to Dallas
   in the second year of his practice as
   part of a fellowship program where he
              represented the indigent.
              When  he came to Dallas,
              he began working at the
              Dallas  Legal  Services
              Foundation.   Demarest
              was his direct supervisor.
              Together, they  worked
              on  a number of lawsuits
              aimed  at improving the
              livesofDallas' leastfortu-
              nate-suing  the county
marest        for food stamp program
              violations, suing the jails
              for  overcrowding, and
              seeking  to end  dispa-
              rate racial treatment of
              black prisoners in Dallas.
              Cloutman's   dedication
              to  civil rights would
              continue throughout his
              career working  as one
              of  Dallas' preeminent
              labor and  employment
              attorneys. He has been
 loutman      recognized by  publica-
              tions ranging from Texas
   Monthly to Best Lawyers in America for
   his work in labor and employment,
   which  he has been Board  Certified
   in since 1975-the first year that the
   Labor and Employment   certification
   was available.
      Although    their  contributions
   to the field of civil rights are legion,
   Demarest and Cloutman  are perhaps
   best known for their work on Tasby v.
   Estes, the seminal Dallas school deseg-
   regation case. As Cloutman recalled in
   an oral history interview given to the
   University of North Texas' Portal to
   Texas History, everything about the dis-
   trict was separate, but not equal-from
   teacher recruitment, teacher assign-
   ment,  administrator assignment, pay
   for teachers and administrators...Books
   and supplies were materially different,
   dependent on the race of the kids in the
   school. Although racial segregation of
   schools was struck down by the United
   States Supreme Court some 15 years
   prior, good geographers that had malice
   in their hearts had developed ways to
   keep white children separate from chil-
   dren of color. Despite Brown v. Board
   of Education, most schools through-
   out DISD  were either 90 percent or
   more white students or 90 percent or
   more students of color. Sam Tasby, an
   African American father of six, went to

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