About WDFloyd

Dave Floyd is an attorney, real estate broker, and trivia host in Austin, Texas. He works with the Foskitt Law Office and is an owner of Floyd Real Estate. He was a candidate for Austin City Council in 2014 and lives in the Zilker Neighborhood.

Tuesday, April 30, 2013

Five Legal Issues with Telecommuting

Let’s get physical: five legal issues with telecommuting - ACC Newsstand - Powered by Lexology

Expanded COPPA regulation to take effect on July 1

Are you ready for the expanded COPPA regulation to take effect on July 1? - ACC Newsstand - Powered by Lexology

Agenda Texas: Tanking the Water Bill








You might have heard that a major effort to pay for water projects went down in flames Monday night in the Texas House. House Bill 11 would have spent $2 billion out of the state’s Rainy Day Fund to finally fund the state’s 50-year water plan.

KUT’s StateImpact Texas reporter Mose Buchele was at last night’s debate. He said there were two groups that wanted the bill changed.  "The Tea Party contingent of the Republican Party is not happy with the bill as it stands — they don't like the idea of taking money from the Rainy Day Fund," Buchele said. "On the other side, there were the Democrats in the House. They're amenable maybe to funding water projects, but they'd also like to open the Rainy Day Fund for other projects like education."

The bill needed a two-thirds majority vote in order to authorize spending Rainy Day Fund money. But the bill's supporters didn't have the votes needed going into the debate Monday night. Buchele said that led to an attempt to bring in more support — an attempt that didn't work."That basically shaped up into this amendment to potentially, if they didn't have the votes to unlock the Rainy Day Fund, to then take the money for the water plan out of general revenue," Buchele said.

There are a few options for what to do next. One is simple: Wait a few days and bring back HB 11. Or lawmakers can add the $2 billion in rainy day money to another eligible bill.

“I’m not ready to push the panic button yet," said Sierra Club water expert Ken Kramer.

Kramer has been lobbying hard on this bill. But he says his years of advocating environmental issues tells him it’s never over until it’s over.  “I’ve had the experience of seeing some of the priority legislation for the state decided on the last day of the session even through extraordinary measures," Kramer said. "So where there’s a will, there’s a way."

Especially if that way has the backing of the state’s three top legislative officials. Lt. Gov. David Dewhurst’s Senate has already passed a way to fund the water plan. And state Rep. Lyle Larson, R-San Antonio, says the other members of the “Big Three” are on board as well.

“The governor and the speaker have clearly indicated this is their No. 1 priority," Larson said, adding, "And if we’ve got a drought that persists, it will be the No. 1 issue in everybody’s district."

One of the big debates is whether the state should take $2 billion out of the Rainy Day Fund, its savings account, or from general revenue, the regular pot of money the state uses to pay for everything else.
Larson supports using the Rainy Day Fund. Tea Party members will need a little more convincing. That group of Republican lawmakers doesn’t want any of the projected $12 billion Rainy Day Fund to be spent, although they might allow it to pay for a business tax cut.

So the battle continues. But with less than four weeks left in the session, Kramer said, something would need to happen quickly.  "I don’t really think that we can wait another two years to move forward down the road on funding some elements of the state water plan," Kramer said.

Gov. Rick Perry has already threatened to call a 30-day special legislative session on water if a plan isn’t in place before May 27.


Texas Tribune donors or members may be quoted or mentioned in our stories, or may be the subject of them. For a complete list of contributors, click here.

This article originally appeared in The Texas Tribune at http://www.texastribune.org/2013/04/30/agenda-texas-tanking-water-bill/.

Wednesday, April 24, 2013

AYLA Retro Vegas Fundraising Casino Party

Casino themed fundraising event sponsored by Austin Young Lawyers Association.
AYLA Retro Vegas


Austin young lawyers: on June 29th come to the San Jacinto Center dressed to kill...

Save the date for the Austin Young Lawyers Association's second annual Retro Vegas casino themed fundraiser.  This year's theme is Diamonds Are Forever.  Proceeds go to benefit the AYLA Foundation.

Stay tuned for more information...

Tuesday, April 23, 2013

Fake Tweet Sends the Dow Plunging

Below are a couple of articles about the fake tweet from the hacked AP Twitter account which resulted in financial market turmoil.  My take-away is to try to avoid being too reactive, and to check multiple sites when a potentially disastrous event is announced.



Motley Fool article:  Fake Tweet Sends the Dow Plunging (^DJI)


Wall Street Journal video about the same:  Why One Fake Tweet Dropped the Market

Sunday, April 21, 2013

Agenda Texas: The Twitter Lobby





What image pops into your head when you hear the word lobbyist?

Be nice.

Here are a few details you may have imagined: white, male, thousand-dollar suit — the stereotypical lobbyist. But as we jump into the digital age, lobbying efforts can also be faceless digital transactions.
“What happens behind curtains most likely still happens to some extent, but the power of the social media tools to gather the constituents and to lobby and create more pressure, it’s definitely visible," said Homero Gil de Zúñiga, an assistant professor at the University of Texas at Austin.

He spends a chunk of his time focusing on the proliferation of social media, including how Facebook and Twitter are changing interactions with lawmakers. Former state Rep. Aaron Peña was an early adopter of social media in the Legislature. He had a blog and could often be seen around the Capitol checking his Twitter feed, even while sitting in a committee hearing. "Early on I’d be in a committee hearing and somebody would send me a question. They’d be watching it on television. They’d send it to me and say, 'Ask this question of this expert.' And it was really cool because I’d ask this question and he thought I was really smart," Peña joked.  He says the modern legislator is very aware of what’s being said in social media, even during heated debates on the floor.

“Most of the legislators, after about 45 minutes, tune out. They know how they’re going to vote. But during that off time they listen to what’s being said on the internet," Peña said. "And so when you have people out there by Michael Quinn Sullivan, and they want to make a point that, look, this is a bill that we care about, this is a bill that we’re going to hold people accountable for, he will send his message out.”

That guy he mentioned, Michael Quinn Sullivan, heads the group Empower Texans, a low-tax, low-regulation, small-government advocacy group. He loves Twitter, almost as much as he dislikes Republican lawmakers who fall out of line with his political views. When Republicans in the Senate rolled out a plan to spend $6 billion on infrastructure needs, he tweeted, "When #TxLege senators say 'water' or 'transportation,' what they are really saying is 'pork.'"


He’s giving his opinion, but is also letting his followers know when he thinks lawmakers have messed up, which can lead to additional angry phone calls and emails to a lawmaker’s office.
On the other side of the advocacy aisle, Phillip Martin of Progress Texas also uses Twitter to get his points across. He tends to pop up when journalists are tweeting out comments from a press conference or speech by Gov. Rick Perry.

"It can be tough to follow a speech and keep up with what’s going on in real time and go back and look for context," Martin said. "So Twitter gives me the opportunity to provide context on an issue or to what an elected official may have said historically in the past."

His tweets often direct journalists to information contradicting whatever Perry is saying.

And from inside the Capitol, you can see Martin and Sullivan having success with social media from time to time. But there are a few caveats: First, only about 10 percent of people follow politicians on Twitter. Second, Peña said, if you think 10 percent is small, consider how many of those are actually the constituents of any given politician.

“Most of the people on social media are from the large cities like Austin or Houston or Dallas," Peña said. "And they’re from an educated class of individual that has a computer, that has the freedom to be on a computer during the working hours that is following you."

Peña said that excluded a large portion of his former district, which included many poor families.

AgendaTexas@kut.org; @AgendaTexas
Texas Tribune donors or members may be quoted or mentioned in our stories, or may be the subject of them. For a complete list of contributors, click here.

This article originally appeared in The Texas Tribune at http://www.texastribune.org/2013/04/19/agenda-texas-twitter-lobby/.

Wednesday, April 17, 2013

Support The Austin Sunshine Camps!


Dave Floyd, Supervising Games at a Sunshine Camps Carnival Night in 2008



As a member of the Austin Young Men's Business League, I'm raising funds for the Austin Sunshine Camps.  Please consider supporting our efforts to ensure that deserving, yet underprivileged kids in Austin have a chance to go to summer camp this year. They will not only have a lot of fun, but they will also learn about responsibility, teamwork, and respect.

Below are some compelling figures regarding the Camps:

  • The Austin Sunshine Camps annually serves 850 low income children from the Austin area.
  • Our life changing programs are offered free of charge to the camper's family - funds are provided through our annual fundraising campaign.
  • 67% of campers come from households with an annual income less than $23,550 (federal poverty line)
  • 29% of those incomes fall below $12,000 annually.
  • The Austin Sunshine Camps has served more than 47,000 disadvantaged youth since its founding in 1928.
  • 80% of the ASC budget is used directly towards our programs (not just camp).


I have volunteered at the Sunshine Camps in the past, and I have always been impressed by the profound positive effects the Camp programs have on the participants.  For many of the younger kids, the Sunshine Camps provide their first experience at a camp of any kind.  For the kids who transition into the Leadership programs for middle and high school students, the Camps provide training and mentoring opportunities which help the participants graduate from high school and have a chance to attend college.    Supporting the Sunshine Camps is investing in these kids, all of whom are from underprivileged backgrounds and would not be able to benefit from above referenced opportunities without generous support from individual and organizational donors. 

For every $350 that is raised, we send a 7-11 year old kid to the Zilker Camp. For every $600 raised, we send a 12-15 year old to the Lake Travis Camp. Even $20 donations add up fast, but the more you can spare the better.  Here's the link to my YMBL donation page:  http://www.ymblgiving.org/Dave-Floyd


Thanks for your support! 

Friday, April 12, 2013

Creative Fund Happy Hour- Tuesday

Austin Creative Fund members enjoy a performance at Aviary on South Lamar



The Creative Fund's next Happy Hour will be Tuesday (4/16) at Hi Hat Public House (2121 East 6th- 78702). There will be a special performance by Theatre en Block.

The addition of performances to Creative Fund Happy Hours has been a lot of fun.  Creative Fund membership chair +Hank Morris has taken the concept of adding in performances and delivered delightfully interesting results.  I've found that featuring performances at the happy hours has also added a layer of context and tangibility of The Creative Fund's mission to the organization's members.   I talked to Hank yesterday, and it sounds like Theatre en Block has something good in store for Tuesday.   If you are interested in getting involved with an arts organization which supports emerging artists and connects you to their work, swing by Hi Hat Public House at 6 on Tuesday.   Better yet, visit the Creative Fund Happy Hour's event page on Facebook and let them know you are coming.




The Creative Fund's Vision:


The Creative Fund's vision is to connect emerging Austin artists with patron resources, elevating works of art into larger venues with larger audiences.  Check out The Creative Fund's fact sheet for more information.


+Dave Floyd has been on the board of The Creative Fund since 2011.




Wednesday, April 10, 2013

Senators Talk, Without Voting, About Casinos in Texas








A proposed constitutional amendment to legalize casino gaming might see substantial changes before the Senate Committee on Business and Commerce votes on it.

For example, Senate Joint Resolution 64 as currently written would hurt charitable organizations that use bingo to raise funds, said Phil Sanderson, director of governmental relations for Texas Charity Advocates. State Sen. John Carona, R-Dallas, who authored the bill and chairs the committee, said during a committee hearing Wednesday that he is sensitive to those concerns.

“The state gets about $30 million per year from bingo. The bill is looking to help a horse racing industry in dire need,” Sanderson said, an effort he supports. “But it also needs to keep bingo in mind so nonprofits can continue earning money for their charitable causes.”

Texans spend about $3 billion to gamble in adjacent states every year, according to Let Texans Decide, which supports a statewide vote on legalizing casinos. And Carona, along with Texas horse racing industry leaders and gaming advocates, hopes to bring that money back to Texas.

Jason Velasco, a businessman from Round Rock, said he travels regularly to WinStar Casino in Oklahoma to play poker, a game he compared to chess.

“I’m always surprised and amazed that the majority of players I’m sitting with at WinStar are from Texas,” Velasco said. “I simply would like the opportunity to vote to have legalized poker games in Texas.”

Legislators have been trying to legalize gambling for many sessions. Sen. Rodney Ellis, D-Houston, has been working on the issue for two decades. The last major expansion of gaming was in 1991, when lawmakers and then voters approved the state lottery.  “I’m not a gambling man, but I have carried similar legislation since Ann Richards was in,” Ellis said.

This session, he filed SJR 6, another bill that would put a gambling amendment before Texas voters, and said he would work with Carona’s office to put together a good bill to send to the floor.

Carona said his bill is sensitive to Texans who may be ideologically opposed to gambling by limiting the number of total casinos in the state and by putting most of the details into the constitutional amendment itself — that means changes to the rules surrounding casinos would require another statewide vote.

But for some Texans, any amount of casino gambling is too much. Melinda Fredricks, the vice chairwoman of the Republican Party of Texas, doesn’t buy the idea that Republican legislators can support a statewide vote on gambling even if they oppose gambling itself. The Republican Party platform includes anti-gambling language.

“We see this as a veiled attempt to pass the buck,” Fredricks said. “The root issue is diametrically opposed to our core values.”

But Texans are already gambling, said Jack Pratt, head of the Texas Gaming Association. They’re doing it in other states, in the lottery, at race tracks, and illegally in 8-liner halls and online, he said.  “Two-thirds of adults have gone out of state and taken their Texas money to gamble,” Pratt said. “There seems to be a fear to let them have the vote.”

Many gambling advocates and opponents say the votes likely aren’t there to get the necessary two-thirds approval in each chamber to send the amendment to Texas voters. Carona himself acknowledged at a Monday press conference that it might not pass this session.

With many groups hoping to have their amendments and interests considered during revisions, the bill remains pending in the committee.

Texas Tribune donors or members may be quoted or mentioned in our stories, or may be the subject of them. For a complete list of contributors, click here.


This article originally appeared in The Texas Tribune at http://www.texastribune.org/2013/04/10/groups-aim-get-their-interests-gambling-bill/.

Agenda Texas: Another Run at Gambling



+Dave Floyd has republished this from the Texas Tribune:





As Yogi Berra would say, it’s déjà vu all over again in the Legislature for supporters of casino gambling in Texas.

For the 27th session in a row (unofficial estimate), there’s a push to create casino gambling in Texas. The legislation has been labeled many things over the years: a quick source of new revenues in tight budgets, a way to bolster new investment in flush times, and now, a way to recapture money that is rightfully ours.

“According to a study released this month, Texans spend nearly $3 billion annually at gaming facilities in Oklahoma, Louisiana and New Mexico, helping to pay for their roads, their schools and their hospitals," said state Sen. John Carona, R-Dallas. "And it’s time that do something about that."
He's been working on casino legislation for the last few sessions, but his plan this year is much more comprehensive. In the past, gaming bills have either had the support of casinos or race tracks. But not both.

That split support had doomed the efforts. This time, Carona said, both groups are on board.
“Let me make clear that this legislation has very broad support," he said. "While not all stakeholder concerns are resolved in this bill, we have come a long way. And it is my hope that we’ll continue to work together to bring forward a bill that is best for Texas."

The senator said his legislation is still fluid — many changes could be made. So for now, there’s no price tag on how much money casino gambling would generate. But billions are expected from the three giant destination resort casinos and 18 other facilities that would be authorized under his resolution.

“Texans want this opportunity. Recent polling indicates that 80 percent of Texans say they ought to have a final say on this issue," Carona said. "And 78 percent of Republican primary voters are eager to vote in favor of this measure. I believe Texans can decide this issue for themselves, and I believe it’s high time we give them that chance.”

That poll Carona cites was commissioned by a group that supports expanded gambling. Other polls have shown support a bit lower.

But hey, if you want to pass something in the Legislature, you need to do one of two things: Show what problem the legislation would fix or, as casino supporters did this week, show an enemy that would be defeated by this bill. And according to casino supporters, we have met the enemy — and it is Oklahoma.

“In particular, we’re hemorrhaging money to Oklahoma," said John Montford of Let Texans Decide. "Not only do they recruit our best high school football players. They also snooker us each day by building their gaming empire on the backs of Texans."

Texas Association of Business President Bill Hammond was even less diplomatic when explaining what he sees as the benefits of casinos in Texas.

“Texans will no longer have to travel to third-world countries in order to game," Hammond joked. "It’s unfair and unconscionable that we are making these people travel to these third-world counties that surround Texas."

The state’s hatred of Oklahoma aside, there are still several roadblocks to casinos in Texas. Carona’s resolution needs a two-thirds vote in the House and Senate before it heads to the ballot as a constitutional amendment this November.

And on the Senate side, Jane Nelson, R-Flower Mound, has a history of threatening a filibuster over gaming legislation. As debates have neared in the past, she has even put tennis shoes on her desk on the Senate floor to let people know she’s ready to go if needed.

And, of course, if a resolution passes the House and Senate, then there’s the final statewide vote — a vote that will certainly include groups opposing casinos on moral grounds along with some backed by those neighboring states’ casinos that don’t want to lose business.

Carona’s Business and Commerce Committee will hear testimony Wednesday [April 10] morning on the proposed constitutional amendment that would create casinos.

Would you bet on casinos in Texas? Let us know at agendatexas@kut.org. And, of course, everyone’s a winner when you follow us on Twitter: @AgendaTexas.

Texas Tribune donors or members may be quoted or mentioned in our stories, or may be the subject of them. For a complete list of contributors, click here.


This article originally appeared in The Texas Tribune at http://www.texastribune.org/2013/04/09/agenda-texas-another-run-casino-gambling/.

U.S. Supreme Court Raises Bar for Class Certification

Comcast Corporation, et al. v. Behrend

I don't work with Federal class action suits, but I did find the recent U.S. Supreme Court's Comcast Corporation, et al. v. Behrend (No. 11-864) decision to be interesting.  Thus, I've added links to a couple of articles on the following topics:



General Class Certification Implications


The first article looks at the Comcast decision's effect on the criteria for forming a class under Rule 23(b)(3):


Supreme Court raises bar for class certification - ACC Newsstand - Powered by Lexology


In particular, the SCOTUS' apparent conclusion that class certification is inappropriate in the absence of a methodology to calculate damages on a class-wide basis caught the attention of the author.  




Employment Law Implications


It is the above mentioned conclusion which the author of the following article counts as a huge win for employers in an employment law focused review of the Comcast decision:


United States Supreme Court delivers major win for employers - once again raising the bar for certifying class actions

It was this article which I found more relevant to my practice interests, as I have dealt with employment law issues as part of working with business and insurance law matters.



+Dave Floyd has been CEO & General Counsel of Prism Risk Management since 2010, and will soon open a practice dedicated to business, insurance, and cyber law issues.





Tuesday, April 2, 2013

Airport Wheelchair "Miracles" Occurring Regularly

Fines, public shaming, and revocation of airline ticket would be a good place to start with a physically fit person who fakes a disability in order to move to front of airport security lines.  Scumbags who do this sort thing are not only inherently disgusting, but also engage in behavior which will at some point impose additional burdens on people with real disabilities.


Airport wheelchair "miracles" occurring regularly - ACC Newsstand - Powered by Lexology

Protecting Trade Secrets with a Mobile Workforce and Telecommuters

Protecting trade secrets with a mobile workforce and telecommuters - ACC Newsstand - Powered by Lexology

The Basics: "Hacking," the Computer Fraud and Abuse Act, and You

The basics: "hacking," the Computer Fraud and Abuse Act, and you - ACC Newsstand - Powered by Lexology

Random Alcohol Testing Policy and the ADA

Random alcohol testing policy found job-related, consistent with business necessity, did not violate ADA - ACC Newsstand - Powered by Lexology

Credit Cards Security in the Cloud

The Payment Card Industry Security Standards Council recently issued cloud computing guidelines, as explained in this article:

Credit cards security in the cloud - new clarity? - ACC Newsstand - Powered by Lexology

You can download a copy of the cloud computing guidelines directly from the PCI site.

Electronic Transactions Association Releases Resources for Mobile Payment Solutions

Electronic Transactions Association releases resources for mobile payment solutions - ACC Newsstand - Powered by Lexology