Law News: NLRB and Social Media

Here's an issue which has been all over my legal update emails from the Association of Corporate Counsel: the National Labor Relations Board is considering taking action against an employer allegedly having an social media, blogging, and internet posting policy which violates the National Labor Relations Act. Considering that social media, blog, and internet use by employees is still an evolving area of law, it would behoove general counsels and employment lawyers to pay close attention to Federal regulators' actions regarding issues in said area. Moreover, it would behoove business owners, managers, and HR personnel to consult appropriate counsel with questions about social media, blogging, and internet use policies.

In my experience, it usually pays to analyze potential problems before they become larger issues.

Disclaimer: this post is not intended to be legal advice. Rather, this post is intended to alert readers to potential legal issues which may need to be discussed with their attorneys. If you have a question about a legal issue, consult your own lawyer.

Texas Opinions: Bill Ratliff on The Tea Party & Debt

On Debt, Tea Party Should Put Up or Shut Up

by Bill Ratliff
November 16, 2010

Over the last year or so, I have been seriously conflicted regarding the Tea Party movement. On the one hand, for many years I have been extremely concerned about our national debt and our national leaders’ inability to even approach a balanced budget. As a country, we simply cannot continue to push this ever-increasing debt balloon out onto our children and grandchildren. Nor can we expect the world to continue to buy our debt instruments without someday having this debt bring this great country to its knees. I heartily endorse the Tea Party’s criticism of this irresponsible fiscal policy and their attempts to force a recognition of its seriousness.

On the other hand, it is not good enough to adopt the mantra of “balance the budget with no new taxes.” While this mantra may be a starting point, I have witnessed no willingness by the Tea Party activists to show their seriousness by acknowledging the items in the budget that must be cut and the level of pain that the American people must endure to approach a responsible fiscal policy.

Up to now, the two major political parties, and their Washington officeholders, have been unwilling or unable to address the burgeoning debt. The members of Congress are all fearful of the political consequences that could result from the massive cuts that must be made. There is much rhetoric from both parties about the need to address the problem but no real courage to make the really tough decisions.

Now, the Bowles-Simpson draft report has called out not only the two political parties but also the Tea Partiers. They have shown, in a painfully graphic manner, the types and level of cuts that would be necessary to approach a balanced budget. And they have also shown that, if the goal of a balanced budget is to be reached, even deeper and more painful cuts would be required unless the Congress is willing to also adopt revenue measures — including some added tax revenues.

Having served as chairman of the Texas Senate’s Finance Committee and as lieutenant governor of Texas, I know a little about making the tough calls in budgeting. I was one of those responsible for adopting six years of balanced budgets for the state. The Texas Constitution requires a balanced budget. Deficit spending is not an option for the state’s budget, nor is there the option of simply printing more money. Unfortunately, there is no such restraint on our national budget writers.

The immediate reaction to Bowles-Simpson from some of Washington’s leadership has been a hue and cry criticizing the solutions puts forward. So far, it appears that even the Tea Partiers are reluctant to agree with the tough love concepts put forward by Bowles-Simpson. But the American people must not allow these folks to dodge this bullet.

If the major party leaders are not willing to make these tough decisions, and if the Tea Partiers are not willing to endorse these painful measures, the American people must ask them, “Okay, what is your solution?” Until the Bowles-Simpson report, neither the Tea Party nor any other credible group has had the courage to actually identify what specific measures will be necessary to address the deficit. It is simply time for these so-called leaders to show leadership — in other words, they should be told to “put up or shut up.”

When the Tea Party comes forward and endorses the types of measures recommended by Bowles-Simpson or comes forward with a detailed alternate plan for addressing the deficit, they will deserve to be considered a truly responsible movement. If they only stand on the sidelines and criticize the deficit without putting forward an alternative solution, they will become rightly regarded as just another group of malcontents. The time for generalities is over. It’s time for the Tea Partiers to demonstrate that they are a responsible movement by exhibiting the courage of their convictions.

Bill Ratliff is the former lieutenant governor of Texas.

This article originally appeared in The Texas Tribune at http://trib.it/bCC3py.

Events: Homeslice's Carnival O' Pizza, Benefiting HYP

by WDFloyd


Not in the mood for tailgating this Saturday? Then I recommend checking out Homeslice's Carnival O' Pizza from noon-7 at Homeslice Pizza on South Congress. Proceeds from this event will go to benefit Austin Habitat Young Professionals.





From the Homeslice blog, here are some of the highlighted events:

State wide pizza dough throwing contest in which pizzaiolas in games of skill

A HUGE raffle featuring Grand Prizes including a guitar from Collings Guitar, a night at Hotel St. Cecilia, two nights at Hotel Havana, and the right to be the only person on Earth who can make a reservation at Home Slice for the next year!!

Hands on an Eggplant Sub contestants (H.O.E.S) stand until they can’t stand it anymore.

Performances from Big Don, Little Stolen Moments, Wino Vino, break dancers, graffiti artists, and much much more

Tons of kids games including our very own creations: Pee Wee Pizzaiola, Meatball Madness, Fishin’ for Chovie and more!

And, also from the Homeslice blog, here's the event's agenda:

12:00 PM Midway Opens

12:30 PM Wino Vino (gypsy minstrel band)

1:15 PM Little Stolen Moments (award winning dance troupe)

1:30 PM Pizza Box Folding Competition

2:00 PM Big Don (hip hop for kids)

2:45 PM Pizza Dough Tossing Competition – Size

3:30 PM Little Stolen Moments

3:45 PM Pizza Dough Tossing Competition – Speed

4:50 PM Pizza Dough Tossing Competition – Endurance

5:15 PM Pizza Eating Contest

6:05 PM Grand Prize Raffle

7:00 PM Team Fabrication DJ Set @ More Home Slice

10:00 PM Parking lot double feature screening of “Hands on a Hard Body” and “The Jerk” (Free)

Check out Homeslice Pizza's blog for more information about the Carnival O' Pizza, and details on how to enter specific events such as "Hands on an Eggplant Sub."



About Austin Habitat Young Professionals:

HYP is an organization of young professionals which supports Austin's Habitat for Humanity. HYP offers personal and professional networking opportunities, social functions, and the ability for individual young professionals to contribute to the building (both by fundraising, and by actual building) of a Habitat for Humanity house every year here in Austin.

Have fun. Build a House. Change Lives.

For more information on HYP, go to: www.austinhyp.org

Texas Policy: Water Rights

Will Water Rights Be on the Legislature's Agenda?

by Kate Galbraith, The Texas Tribune
November 17, 2010

Next legislative session, during the few minutes not taken up with the budget, redistricting and immigration, an old stand-by of an issue could creep onto the agenda: water.

Observers say legislative proposals on groundwater rights are probable, given that Texas is just wrapping up a controversial process for planning the allocation of water from aquifers, while environmentalists will be pushing more measures for water conservation. The discussions will be amplified because the Texas Water Development Board, which finances water and wastewater infrastructure projects around the state, is up for review by the Sunset Advisory Commission, as is the Texas Commission on Environmental Quality, which regulates water pollution.

Water "should be an important issue in this next session," says Russell Johnson, a water law expert with the McGinnis, Lochridge & Kilgore law firm who has done work for the Texas and Southwestern Cattle Raisers Association and the Texas Wildlife Association on groundwater-related matters. However, he adds, "whether it will be or not in light of all the other things that are happening this legislative session is an open question."

Last session, one of few notable water-related bills to pass was was a conservation bill carried by state Rep. Allan Ritter, D-Nederland, thattightened water-efficiency requirements for toilets sold in Texas, as well as for faucets or shower heads. (The only other state to enact similar requirements for toilets is California.)

The biggest water issue before the Legislature is likely to be balancing the long-term health of Texas' aquifers with property rights. The state has just completed an intensive planning process, established by the Legislature in 2005, in which local authorities decide how much they will allow their aquifers to be depleted in 50 years (the resultant numbers are called the "desired future conditions" of the aquifers). The Texas Water Development Board is processing these aquifer-depletion numbers and will soon send back to local authorities calculations on how much water per year they can draw down, given their 50-year outlooks.

But some groups are unhappy about the planning process and may well urge legislation amending it. In particular, water marketers — entities seeking to gather groundwater rights and sell water in bulk to thirsty municipalities — say their property rights have been abridged, because their potential use of the aquifers was not taken into account in the 50-year plans.

Existing legislation "does not provide for a dispute resolution process," says Joel Katz, a manager of End-Op, a water-marketing firm that wants to sell water to the fast-growing Interstate 35 and Highway 130 corridors. End-Op is currently battling the Lost Pines groundwater conservation district around Bastrop for the right to do so. (Johnson also represents End-Op's interests.)

The Sunset Advisory Commission's report on the Water Development Board, released this month, seems to agree that a remedy is needed. As it stands, the groundwater planning process "does not provide for a complete administrative process that ensures the basic elements of due process," the report states. Currently, Katz says, the only option for filing an objection is the relatively mild step of complaining to the Water Development Board, which can then ask local authorities to reconsider their plans.

Legislation on other aspects of the groundwater-planning process could also be forthcoming. A group called the Texas Water Conservation Association has been working to bring together a range of water interests — cities, river authorities, industry consultants — to reach consensus on desired improvements to the groundwater management process. Several areas of agreement have been reached, according to Dean Robbins, the group's assistant general manager — including, for example, how information about the process gets published.

The Sunset Commission staff report also calls for better coordination among various authorities involved in the groundwater-planning process. And other possible groundwater-related legislation hinges on the long-awaited outcome of Edwards Aquifer Authority v. Day, currently pending at the Texas Supreme Court, which will weigh the balance between landowners' rights to water beneath their land and the authority of groundwater authorities to regulate it.

Besides groundwater planning, conservationists will also be putting forward proposals next session. Among them: remedying municipal water-conservation reporting requirements, which currently do not adhere to a common standard, thus making it hard for the state to judge the success of conservation efforts. State Sen. Florence Shapiro, R-Plano, has already filed a bill on on the subject, and the Sunset report recommends making this change.

Another bill would require most water utilities to audit their water losses (from leaky pipelines or other glitches) each year, as opposed to the current requirement of every five years. A bill to do this was pushed last session by state Rep. Tara Rios-Ybarra, D-Padre Island. But it "got lost in muddle," says Carole Baker, the Texas-based chairwoman of the national Alliance for Water Efficiency (Rios-Ybarra was beaten in the March primary). Legislation to encourage rainwater harvesting was also introduced last session by Rep. Doug Miller, R-New Braunfels, and defeated state Rep. Patrick Rose, D-Dripping Springs; rainwater's backers could try again.

Then there is Sunset. Unlike other agencies subject to Sunset review, the Texas Water Development Board will not be automatically abolished if Sunset legislation is not passed. But the Sunset process will increase scrutiny of the agency, which, as the report notes, is "not accustomed to being square in the eye of controversy" but is currently in the crossfire of concerns about its groundwater-planning process.

The Water Development Board also badly needs something else from the Legislature to keep it going: up to $6 billion in bond-issuance authority, money that will go toward projects like fixing sewer systems or keeping tap water safe, as well as assisting small rural water utilities. The board generally has to request the money (not its only source of funding, but its largest) every few years, and current bond money "may be exhausted as soon as the end of fiscal year 2011," according to the Sunset report. Any bonding authority must also be approved by voters and will presumably be on the ballot next November.

But getting bonding authority approval is "going to be semi-controversial," says Ken Kramer, the Texas director of the Sierra Club. The reason is that, unlike past bond issues, the Water Development Board is requesting up to $6 billion in permanent, or "evergreen" authority — meaning that, unlike in the past, it will not need to keep going back to the voters unless truly vast sums are needed. "That is something that many of us have a problem with because it takes away one layer of accountability," Kramer says. The environmental community, he says, is "probably going to be in opposition to the evergreen provision."

This article originally appeared in The Texas Tribune at http://trib.it/9Du3oZ.

Events: HYP Social Hour

by WDFloyd


The Austin Habitat Young Professionals November "Social Hour" is tomorrow (11/17) from 6-8p at Third Base. HYP is a great way for young professionals in Austin to engage with Austin Habitat for Humanity, meet other interesting people, have fun, and get involved with rewarding charity work. Furthermore, tomorrow night HYP will be rolling out the details regarding their impending first annual Habitat Global Village trip.

The 2011 Global Village trip will be to Xela, Guatemala. Space on this trip will be limited, so be sure to hit Third Base tomorrow night if you want information about how to get involved.

Travel: El Hotel Paisano in Marfa

[photo (by WDFloyd): courtyard at El Hotel Paisano. Videos (by WDFloyd): Room 205, and the hotel lobby]

by WDFloyd

If you are heading to Marfa, Texas, then you should reserve a room at El Hotel Paisano. Walking into this historic hotel feels like stepping back into a past era out of West Texas lore. Maybe it was the courtyard, the tiled lobby, or the animal heads mounted by the door which added to this vibe. I'm not sure; I just know it was cool. Furthermore, the hotel has a connection to American cinematic history. James Dean, Rock Hudson, and Elizabeth Taylor stayed here during the filming of Giant.

We found that much of Marfa was within easy walking distance of the hotel. This included plenty of shops, galleries, and restaurants. And, more importantly, Padre's Marfa bar was an easy walk from the hotel.

Rooms available at the hotel range from small (w/ a queen size bed) up to several spacious suites. My friend Dustin stayed in Room 205 (see video above), a large suite with a kitchen and a private rooftop patio overlooking the pool. What made the patio even more fun was the fact that is accessed via a secretive walkway attached to the wall above the pool. Once you reach the patio, you have the use of both a couch and a breakfast table. While this was a great set up, it appeared that the Rock Hudson suite's patio was even larger and was equipped with an outdoor fireplace.

Prices at El Hotel Paisano are very reasonable. Queen size rooms start at $99/night, while the highest price quoted to me was $220/ night (for the Rock Hudson suite). Room 205 was $169/night.

Rally to Restore Sanity in DC

[photos and video: by WDFloyd, at the 10-30-10 Rally to Restore Sanity in DC]

by WDFloyd

When I saw Jon Stewart announce the Rally to Restore Sanity one night in late September, it seemed like the kind of festivus I would need to attend. Unfortunately, at the time of said announcement I knew I'd be really, really busy during late October and so mostly wrote off the idea. Apparently, one of my good friends didn't catch all of my qualifying statements about attending the rally, because soon after a late night discussion about me "possibly, but not likely" flying to DC, he shot me an email with his flight itinerary and a request for me to pick a good hotel. Lesson to the kids: be careful what travels plans you discuss at 1am at Donn's Depot (I also enter into evidence the horrifying mustache I wore to hike up Colorado's Mt. Elbert).

If you watched the rally on TV, you undoubted know more about what happened on stage than I do. We showed up at the mall around 10:30 and it was already packed. My friends pushed ahead toward the stage, but I elected to hang back on 7th (about halfway between the Capitol and the Washington Monument). Thus, I didn't get any awesome photos of famous people on stage; however, I took a lot of shots of random people in the crowd with their signs and/or costumes (some of which are on my Flickr page, and can be accessed via a widget to the right of this post).

It's been estimated that about 215K people showed up for the rally (about 3.5x what was anticipated on the original park permit). That sounds like a lot of people, which corroborates my experience on the ground and my perception that I was in the largest crowd in which I'd ever been (watch the above video to get an idea of the crowd size). This was novel until the need for snacks set in, and I realized that I was trapped squarely in the middle of the action with no hope of obtaining a Coke or a hot dog for hours.

The crowd, as one might expect from a "Rally to Restore Sanity," was pretty calm and polite. The only incident of name calling came when a bunch of anti-corporate activists in suits marched down 7th St holding a sign entitled "Republicorp" and displaying some anti-business, GOP, and government slogans. These activists were denounced with the chant:"douche bags! douche bags!" It wasn't the content of the sign, though, which raised the ire of the generally left leaning crowd; instead, it was the fact that the activists from "Republicorp" were sporting an enormous sign which was blocking the view of a jumbo-tron.

What was especially nice is that once the official program was finished, thousands of the rally attendees filed down the Mall in an orderly manner and began to visit many of our nation's fine monuments en masse. The rest of the afternoon felt like a mass exercise in observing and respecting America's ethos and history. It was nice, in addition to being a refreshing end to an amusing but long afternoon. And, of course, I was in a pretty good mood already, after having heard Ozzy play "Crazy Train" live.

Events: AYC & Big Brothers Big Sisters Tailgate

[photo: by me, from the iPhone, @ the Texas-UCLA game]


The Texas Longhorns may be on the ropes, but the Austin Young Chamber of Commerce and the Big Brothers Big Sisters of Central Texas know how to throw a great tailgate. I was there last year and it was a lot of fun. They'll be at it again this Saturday @ 4p @ the SW corner of 17th and Congress.

Here are the details from the official invitation:

Come out for food, drinks, football and fun! This is a great way to give back to the Austin Community while having a great time. All proceeds from this event benefit Big Brothers Big Sisters of Central Texas and the Austin Young Chamber of Commerce.

Special thanks to our tailgate sponsors!

Budweiser, BuildaSign.com, Deep Eddy Vodka, Edible Arrangements, Hat Creek Burgers, SAAVY Vodka, and Sweetride Motorwerks

Special guest, Todd Phelps, will provide live music!

Also, Purchase a $5 raffle ticket to win a ride on the big white school bus from Sweetride Motorwerks!

Tickets- $15 in advance, $20 at the door- so sign up now!

*Tickets include food and drink.

Look for the big white school bus. It's pretty sweet, so bring some extra cash for those raffle tickets.

Mobile: REI and Facebook Places

After lunch at the Tavern, I decided to swing by REI to obtain a new pair of sunglasses for my outdoor shenanigans. What I found was an interesting twist on mobile interactive marketing. REI had a sign at the door promising to donate $1 to the Hill Country Conservancy for every person who publicly checked in at REI today, via Facebook Places (FB's answer to Foursquare, Gowalla, Whrrl, et al).

Most of the articles I've read about the potential of mobile social networking as a marketing tool have focused on the potential of such services to promote deals, sales, give-aways, and so forth to certain people based on proximity, check-in frequency, or check-in order. I've personally used offers on Gowalla for discounted lattes at Austin Java and on Whrrl for free appetizers at J. Black's. What I had not seen until today was a business offering up charitable donations in exchange for publicity on Facebook. I thought it was an clever concept (encouraging your customers to advertise your business and sponsorship for you, all for a relatively low price) and it certainly made sense for REI to be operating such a program. REI is, after all, a non-profit co-op, and people can buy gear at REI which can be used on land which has been protected by conservation. Moreover, supporting conservation programs is part of the image which REI should portray to existing and potential customers. It will be interesting to see if more Austin businesses have sponsorship programs such as this.

Movin' On Up: Foskitt Law Office

As of Monday, the gf has moved the headquarters of her firm to a swank new location downtown. The Foskitt Law Office is now located at 702 San Antonio St. I'm loving the new office, which is housed in the historic William Franklin North Apartment building in Austin's historic Bremond Block. As an added bonus, she's now a neighbor of my friends at Avalanche Consulting and Pulse Global Public Relations.

The Foskitt Law Office is available to handle general litigation as well as real estate matters. For a period of three years, Sara worked as a staff attorney for a Travis County District Judge, thus she is familiar with the workings of the local courts (such as the central docketing system, which was addressed in this year's Bar & Grill by the song "Docket Man").

Sara has recently become a Realtor, and is launching Foskitt Realty.

In addition to being excited for Sara about the swell new office, I'm excited for me about having a great launching point for evenings downtown. :)

Resources: Austin Social Planner

Two of my friends from Catalyst 8 have launched a very cool website dedicated to events in Austin. The Austin Social Planner is the project of Kevin Smothers and Laura Villagran Johnson, both of whom know truckloads about what goes on in this town.

The Austin Social Planner highlights events, subdivided into the categories of: (1) charity, (2) arts, (3) food, (4) fashion, and (5) entertainment. Certain events are highlighted for promotion, as others are selected for review and recap. The site also features interviews with Austinites who do exceptional work for and with events such as Maria Orozova, owner of the award winning design firm The MOD Studio.

Another stand out feature of the Austin Social Planner is the site's interactive calendar. You can add events to a list and set up email reminders. There is also an interface with iCal and RSS feeds.

Check out the Austin Social Planner, and/or follow the Austin Social Planner feed on Twitter.

Bar & Grill: Plea

[photo (by WDFloyd): The Long Center, before a storm]


It's done! Thanks to everyone who came out to see the show. There are many ways to fill a Friday and/or Saturday evening, and I'm very pleased you all choose law themed musical comedy.

I had a great time working with the show from start to finish. Our group has very talented actors, singers, writers, and dancers; I'm glad they actually let me on stage with them. And of course, the band was great as always.

This was my second year to do Bar & Grill in the Rollins Theater at The Long Center. Once again, The Rollins Theater was a great place to perform. I've seen some really great shows at the Rollins, and it's fun to be able to work in the space where many talented performers have come before. Moreover, as one of the Membership Chairs for Catalyst 8, it's great to now have experienced the excitement of performing on the same stage which the members of our organization work to make accessible to qualifying performing artists in Austin.

Bar & Grill: Plea

I'm very excited about tonight. After weeks of rehearsal, we're set to do the first run of Plea in front of a full house at the Long Center's Rollins Theater. Last year was fun, but this year's show is even better.

My character is based on "Finn" from Glee; I describe him as "aggressively wholesome" and "lovably clueless." As a bonus, tonight I'll be dancing the Time Warp as well as breaking out some moves to 70's funk.

Tickets may still be available: click here for the link to the Long Center's ticketing site

Also, I'd like to thank my pals at Catalyst 8 for providing snacks for last night's dress rehearsal. The mixture of Chik-Fil-A nuggets and tasty Central Market cheese was quite tasty. And, or course, the generous spread made the long evening of rehearsal much more pleasant. Everyone in the show is a full time attorney by day, so the energy boost was quite helpful before the full evening of rehearsal. Catalyst 8, your generosity toward the Bar & Grill cast was greatly appreciated!

Catalyst 8 has a special connection to the Long Center's Rollins Theater, as this is where all of the recipients of the Catalyst 8 Boost Rental Subsidy perform. Having been on the Catalyst 8 Leadership Council since 2008, I am especially honored to have a second opportunity to perform in the theater space we know and love. Now that I've used the facilities twice, I am especially passionate about helping Austin's up and coming performing artists have access to such a fantastic theater space.

DC Metro

[photos and video taken on my iPhone]

Every time I go to DC, I leave in a state of civic jealously about the Metro. If you haven't used it, let me assure that it's fantastic. First opened in the 1970's, the stations are clean and easy to navigate. Instead of the claustrophobia found in some cities' subway stations, you get the and expanse of vertical space under retro-cool brutalist vaulted concrete ceilings. You get trains which will take you around the city until about 2-3am. And, you get to ride on some absurdly long escalators. I never rent a car in DC, as between the Metro and the very prevalent taxis there is no need.

The train from east Austin to Leander is a nice start... but, it would be really great if one could catch an underground train from Far West down to Zilker, or even a streetcar (like in Portland, not like in NOLA) from Eastside Showroom over to J. Black's. Seriously... after a plate of antelope tartare and a few drinks, nobody should be driving.

Gowalla Promotes Voting

While looking at Tweetdeck earlier today, I was pleased to discover that our pals at Gowalla are now offering an "I Voted" pin to users who: (1) check in at a polling place; (2) insert the words "vote" or "voted" into the status update attached to said check in; and, (3) post said check in on Twitter. This is just another reason Gowalla has become my favorite of the mobile social networking apps.

Post your "I Voted" pin to Facebook and remind everyone in your friend group to hit the polls.

Speaking of voting: early voting is the only way to fly. If you are like me, you prefer to early vote at Randall's around 10am, when your only competition is retirees or stay-at-home moms. Early voting is open through Friday.

Travel: EarlyBird Check-In on Southwest

[photo (by me): somewhere between BWI and Austin ABIA]

If you haven't flown on Southwest Airlines lately, you may not know about it's new auto check-in option: EarlyBird Check-In. For a fee of $9 each way, purchasers of this option will be automatically checked in 36 hours before their flight. This is 12 hours before everyone else can check in via the internet or smartphone. While using EarlyBird doesn't guarantee an A spot (as does Business Select), I've lucked out with it every time. And, unlike the significant mark-up on Business Select, you can buy the EarlyBird option in conjunction with an otherwise dirt cheap web only special. Ergo, you can conceivably spend $99 to $129 each way and still end up ahead in line (and if you use Southwest, then you know how critical this is in order to avoid getting stuck in a middle seat).

Food (in Nashville): Rotier's

[photo: front bar area at Rotier's; the grilled cheeseburger]

Last week, I was in Nashville for a conference. Acting on a tip from a friend, the gf and I decided to hit Rotier's on the way out of town.

This was a fantastic decision. If you love Hut's in Austin (or delicious burgers in general), then you will love this place. I arrived with high expectations (owing to rave reviews from my friend), all of of which were met.

Located at 2314 Elliston Place, Rotier's is right by Vanderbilt and Centennial Park. Open since 1945, it's become famous for it's delicious burgers and shakes. I didn't consider anything else on the relative large menu. Instead, I order the recommended "grilled" cheeseburger. And by grilled, I mean grilled and then served on Texas Toast with melted cheese. It was like an already awesome grilled cheese sandwich with a savory medium rare surprise inside. And the dessert shake: excellent, and a perfect consistency. I was smitten with the entire meal and experience.

If you are in Nashville and looking for something tasty, fun, casual, and local, then go to Rotier's.

[Note: I already knew the general vicinity of Rotier's, but Gowalla and it's link to Google maps helped me find the restaurant quickly. Gowalla has been coming in very handy as a travel aid. Generally speaking, Gowalla has become my favorite mobile social networking app for traveling.]

Outdoor: Fly Fishing in Colorado

[photo: an awesome brook trout caught by my friend Andy (photo from Andy's iPhone)]

I've been fishing since age five. It wasn't until August, though, that I had experienced a successful fly fishing trip. Now I'm hooked.

At the beginning of August, I went to Estes Park, CO. My friend Andy booked a fly fishing guide through The Estes Angler. The fishing trip was one component of a multi-part mountain man vacation, which otherwise included but was not limited to hiking, whitewater rafting, eating elk meat, and driving a rented Hummer through the forest.

The morning of the fishing trip, we showed up bright and early at the The Estes Angler wherein we met our guide, Mike Oatley. Mike outfitted us with R.L. Winston gear and gave a thirty minute casting class outside of the store. Then we set off for Rocky Mountain National Park for several hours of fly fishing action.

The first thing I can tell you about fly fishing in Colorado is that even if you suck at fly casting and/or have no luck catching fish, you are still in the mountains of Colorado and that beats just about any day at the office. Our trip involved hiking through a wooded area, and then following a narrow, snowmelt fed river until likely fish occupied water was found. By river, I mean a fifteen foot wide channel which would easily fit inside of Barton Creek. But, this river was surrounded by high cliffs, forests, and mountain peak vistas.

The second thing about fly fishing in Colorado is that the process of fly fishing is fun, active, and quite engaging. You are constantly casting, mending your line, and letting your fly float down as you work the water for signs of fish. If you see a flash of light reflecting off a trout's scales, then you work that area as you present your fly to the fish until it finally gives into to its need for a tasty snack. While fishing, I didn't think about business or law at all; just working the line and catching a trout. It was pretty awesome.

And, finally, catching a brook trout is cool. They put up a good fight for a relatively small fish. I caught two, and as mentioned above, became hooked on fly fishing.

If you are going to be in Boulder, Fort Collins, or Estes Park and you're interested in some good fly fishing, then I recommend Mike Oatley. You can reach him through The Estes Angler. Mike's initial casting instructions were very good, and he worked with all of us throughout the trip, giving more instruction and advice to improve casting, line handling, water reading, fly presentation, and so forth. Thanks to Mike, I quickly went from having a crappy fly cast to being pretty decent. Mike also gave a lot of good general fishing advice, which I've employed on subsequent trips.

Music: The Eagles

[photos (by me, from the iPhone): stage prepares for The Eagles as the final act of 2010's ACL Festival; sunset over the waiting crowd in Zilker Park]

There's not much I can say about the music of The Eagles. It's been very popular, for a very long time. You probably are quite familiar with at least 75% of the songs they played as the closing act of this year's ACL Festival. However, if you are curious as to whether the band has still got their mojo, the answer is: yes!

Everyone I've with whom I've discussed the 10-10-10 show was blown away by how good The Eagles still are, and how great Sunday's performance was. The Eagles may look old, but they sound like it's still 1975. Their ACL ending show was well worth the effort of getting through ACL (and then out of it, along with the thousands of other folks headed toward Austin High).

The set was two hours long, and featured basically every Eagles hits except "Tequila Sunrise." The only song I hadn't heard before was "Long Road Out of Eden," a topical political number about excess, war, and the encroachment of empire. That was the mid point of the show, which was followed by more upbeat songs from their album of hits.

I'd like to note that seeing Joe Walsh sing "Life's Been Good" in person is pretty damn hilarious.

The 10-10-10 Eagles show was the second I've seen, the other being their 1995 Hell Freezes Over show at Memorial Stadium. My vantage point this time was vastly improved, as I could actually recognize the band members from where I stood (as opposed to last time, when I was in the end-zone seats at Memorial).

If you can catch The Eagles on tour, I highly recommend going.

Events: Summer of Catalyst 8 Follow-Up

[photos (by me): SPEAK members enjoy a digital art display; Peligrosa All-Stars rock it on the Long Center's City Terrace]

Yeah... so I've apparently been on hiatus from this blog for a couple of months. I noticed that my old postings stopped with a promotion for the Catalyst 8: Digital Revolution Mash B4 Bash DJ Party. Thus, if you're wondering how it was: it was awesome.

Seriously, our featured DJs, The Peligrosa All-Stars rocked the crowd on the Long Center's City Terrace for hours with fun and interesting Latin infused music. I had a great time listening to them (and taking low light photos). Independence Brewing Co. provided beer for the event. I was especially fond of the Freestyle.

Anyway, the final event in the Summer of Catalyst 8 was the Bash 2010. The theme: Let's Get Digital. The event, which was held inside the Long Center, was fantastic. SPEAK (in a photo above) put on an excellent show with their indie synth-pop (and a few 80's tributes). I'd share some images, but my camera with the photos of the actual event disappeared while I was tailgating before the UT-Wyoming game.

The Bash was a success, and another element of Catalyst 8's program for raising money to support performing arts in Austin and to allow the Rollins Theater to truly realize its potential as a theater for all of Austin.

Stay tuned for information on upcoming Catalyst 8 events.

Bar & Grill: Plea

Looking for a good time on November 5th and/or 6th? Of course you are, and thus you should look no farther than the Long Center in order to find entertainment for one or both of said evenings. Why? Because on both of these evenings AYLA's Bar & Grill will be delivering another round of high quality lawyer written/directed/performed musical comedy in the form of Plea.

I was in last year's show, Adventures in Downsizing, and I had a great time. I stretched my acting skills to the limit as I played Floyd, a lawyer who preferred Vegas, gambling, and related shenanigans to the actual practice of law. This year, my character is entirely different. I'm not going to give away much in the way of detail, other than to note that this year I've been coerced into performing in several dance routines (which is ironic, considering I possess little to no actual dancing talent); however, it's all in good fun and it should be highly amusing for the audience. Moreover, just about everyone in the show who's not me is actually quite talented at singing and dancing.

Proceeds from Bar & Grill go to support the Austin Bar Foundation, thus you will achieve the double whammy of both helping people and being entertained if you decide to come to the show this year.

Click here to buy your ticket.

Outdoor: Rafting the Rio Grande...

photos: The Rio Grande as it passes under the Rio Grande Gorge Bridge.

...or, more specifically, rafting the most exciting section of the Rio Grande: the Taos Box run just outside of Taos, NM. I made this trip in June 08 and it was fantastic. Although the rafting season runs from April-July, the snow melt in early June results in very high CFS flow rates. Thus, class III+ rapids became class IV+, and the water was freezing cold. The result was 16 miles of incredibly beautiful scenery punctuated by very exciting whitewater action. Still, outside of the month of June the run is sufficiently thrilling (actually, it's probably better if it's your first time rafting) and the natural splendor is unchanged.

If you like history and/or geology, then it's worth noting that the Rio Grande in New Mexico was the original western boundary of Texas and that the gorge is actually a rift valley (i.e., the river didn't carve the gorge, but rather is flowing through an area where the Earth's crust is splitting). A good river guide should be able to offer a lot more anecdotes about the history of of the area, and should be able to point out the spot where the Air Force jet crashed into one of the rock walls.

If rafting isn't your thing, northern New Mexico is still a lot of fun. There is great hiking around Taos in the Santa Fe Nat'l Forest and in the Kit Carson Nat'l Forest. Furthermore, Wheeler Peak, the highest point in New Mexico, is just north of Taos (above the ski basin). Hiking up that is a good time.

Events: Leadership Austin Emerge Kickoff Party

If you are interested in the Leadership Austin Emerge Program, then you should plan to hit Star Bar on 7/15 for the program's kickoff party. Leadership Austin staff and program alumni will be at the event in order to answer questions about the program and to explain the application process.

I'm an alumnus of the 2008 Emerge program as well as this year's Essential class. Both classes were quite different, but very cool. Emerge is the class that got me hooked on Leadership Austin. I met a lot of great young professionals in my class, as well as some very interesting instructors (e.g., Bijoy Goswami). I still draw on the lessons from the Emerge curriculum, and I still have regular contact with friends I met though the program.

I'm not going to spill the beans about what the class has to offer. I will tell you that if you're a young professional in Austin who's involved in the community and wants to take said involvement to a new level, then you need to attend the Emerge kickoff happy hour at Star Bar next Thursday, 7/15. And, if you can't join us next Thursday, then visit the Emerge information session on 8/10.

Events: Catalyst 8 Digital Revolution

The Summer of Catalyst 8 continues with the annual DJ party on the terrace of the Long Center. This year's featured DJ's: The Peligrosa Allstars. Celebrate with Catalyst 8 as they ramp up for the BASH 2010 and work to fund 100 nights of performances in the Long Center's Rollins Theater.

Catalyst 8 supports the Boost Program, which provides rental subsidies to emerging and underserved performing arts groups in Austin. This summer is the best time to get involved with Catalyst 8, because for a limited time 3M has generously arranged to match the annual pledge of new members. That's double the impact on performing arts in Austin. Catalyst 8 and 3M: Together Launching Innovation.

Destinations: Wrigley Field

photos: outside of Wrigley field; classy Cubs merch; the A's and the Cubs on the field video: the 7th Inning Stretch, with vocals by drunken Cubs fans in the bleachers


There are some places you've wanted to visit since you were in 3rd grade. Some of them, like the Airwolf cave, sadly can't be visited. Other places, like Chicago's Wrigley Field, welcome you with open arms as long as you have $50 cash and/or a functioning American Express card. And, unlike the average 3rd grader, I was able to more thoroughly enjoy my trip to Wrigley by sitting in the famous bleachers (as seen in Ferris Bueller's Day Off).

I'm not a very serious sports fan, so take that into consideration when you read this: visiting Wrigley Field is an awesome experience and I highly recommend it to anyone. Seriously, I don't know what they add to the beer but I had an exceptional amount of fun watching the Cubs and A's play an afternoon game. I wasn't a fan of either team when I walked in the door, but the Cubs' charm had sucked me in by the third inning (sorry A's, I still don't care about your team). [note: while I was with the gf, a Cubs fan, the Cubs wooed me as an individual]

A latent interest in the Cubs and visit Wrigley probably had something to do with the introduction of the WGN cable channel into my house during the above referenced 3rd grade time period and the aforementioned inclusion in the Ferris Bueller plot. However, I'm pretty sure it was the historic stadium and the relaxed, fun crowd which amped up the fun. It turns out that baseball is better watched in a smaller, brick walled, ivy covered, jumbotron-less stadium which is located in the middle of a nice neighborhood with a lot of bars.

I had heard from certain people (including but not limited to the gf and a certain trivia host) a lot of extreme statements about the awesomeness of Wrigley. I chalked this up to the bias of former Chicago residents. I was indeed wrong. I had been off the plane six hours when I decided the trip to Wrigley was indeed as awesome as advertised.

Drinking a couple of beers, eating amazingly delicious hot dogs, and watching an afternoon Cubs game is a great way to spend a Thursday afternoon. You must do this if you're in Chicago during baseball season.

Events: HYP Pool Party

There are times when you need to reward yourself. Sometimes it's a blueberry power smoothie after a hard workout, while sometimes it's an ice cream cone after kicking opposing counsel's ass. Personally, I enjoy an ice cold Tito's and soda after doing something noteworthy. I also enjoy a good pool party. I'm assuming that you do too.

Fortunately, you can reward yourself after the July 17th Habitat Young Professionals house build (hit the link for more info on that). After the build (about 5p), HYP will be hosting a pool party at the Gables Pressler apartment building (hit the link for directions). And hey, if you're busy and can't make the house build, come by anyway to celebrate with the good folks at HYP whatever it was that you did.

Office: Productivity

Pictured: my docked laptop and telephone headset.


First of all, I appreciate the irony of posting about productivity while I myself am being incredibly non-productive. I can't help it. I'm waiting for an important call and I don't want to get sidelined by another project. I mean, why else would I chose to blow up my Twitter and send an absurd amount of personal email in the middle of the afternoon? So, I've decided to channel that energy into magnanimity and share with you my three favorite office tools:

1. Docking Station: This gives you the best of having a laptop and a desktop. I ordered one for my office and one for my residence. I think they were $125/ea from Dell, and it has been money well spent. Now I have the mobility of the laptop for travel, remote work, etc., but the ability to quickly plug into/out of a system of peripherals. Being a large dude, I have large hands. Thus, I love being able to use a full size keyboard and mouse (wireless are best) when working at home or in the office. If you are a laptop user, I highly recommend getting a dockable laptop and a docking station if you don't have this capability already.

2. Wide Screen Monitor: Having easy access to wide screen monitors is a side benefit of using the docking station, but the large monitor has enough benefits to merit a separate mention. I have a 23" Samsung SyncMaster in my office, and some sort of 23" LG at home. The additional screen real estate is great for working with two application windows open to full size and placed side by side. Obviously, a dual monitor system would be preferable; however, a wide 23" and up can handle the job of two applications on screen with ease. E.g., comparing documents side by side is a breeze, as is cutting and pasting blocks of text as you assemble a new document from source documents. Also, it's a great size for using MS Outlook and working with large spreadsheet on Excel. Bottom line is: the $250 or so for the monitor is quite worthwhile.

3. Telephone Headset: These are not just for telemarketers. As a lawyer and as a business owner, I frequently have long phone conversations which involve some sort of computer use and/or note taking. The speaker on my Cisco IP phone is fine, but it is not very private on my end and people have trouble understanding me on the other end unless I am very loud. I don't always feel like broadcasting my conversations to the entire office, thus a headset seemed a better option. The Plantronics headset (pictured) above was about $80 at Office Depot. I bought it as a trial before splurging on a wireless Bluetooth system. The headset has been very useful, as I find that it has made collaboration while on the phone much, much easier. Now I just need a Bluetooth set up so I can pace around my office while talking to people.

Events: Screening of The Big Bends

photo (by me): Jason William Marlow answers questions about his film; seated next to him are Jimmy Lee Jr., Rocio Garza, and Giovanni Antonello.

One of my favorite things about being a Catalyst 8 member is getting to see some of the shows our Boost program assists. Tonight's screening of The Big Bends was exceptionally cool. Not only did this short film win a special jury award at this year's SXSW, but on top of that honor it was selected to appear at Cannes. The Rollins Theater at the Long Center had the privilege of showing this film in its first post Cannes appearance in Austin, and Catalyst 8 helped make the screening possible via the Boost Rental Subsidy Fund.

I'm not going to go into much detail about the film, as I don't want to spoil it. I will say, however, that it is a powerful look at the end of one life and the start of another, set in the desert of Texas' Big Bend region. It was well balanced, well paced, and over all and excellent piece of art.

After the screening, the director (see photo above) and the cast answered questions about the film. The story behind the impetus for the film and the details of shooting with 16mm film in the harsh desert light were especially interesting.

The Catalyst 8 BASH 2010 is our main fundraiser for the year, and proceeds from it will go toward supporting the arts right here in Austin. And, of course, not only is it supporting a good cause, but its an awesome and fun event at the same time. Come, have fun, and help make great art possible.

Events: Summer of Catalyst 8

photos (by me): Summer of Catalyst 8 Kickoff Happy Hour @ Star Bar


June has been a good month. Last week we kicked off the Summer of Catalyst 8 @ Star Bar. Freshly arrived from Chicago, I was quite happy to punctuate my return to Austin with a massive Catalyst 8 happy hour which featured bonus catering from Stubb's and a special appearance from this year's Catalyst 8 Bash featured band, Speak. Furthermore, it was great to have Habitat Young Professionals as Catalyst 8's guest.

If you aren't familiar with Catalyst 8, it is the organization which supports the Boost Rental Subsidy Fund, a program which awards rental subsidies to selected qualifying arts groups which want to use the Long Center's Rollins Theater. Catalyst 8 has been on a roll this year, and a recent acceleration for the organization has been the receipt of a generous matching grant program from 3M. That's right, this summer 3M is matching the annual membership pledge of $300 for every new member who signs up for Catalyst 8.

If you were at the June happy hour but still want to enjoy the rest of the Summer of Catalyst 8, there are two events to put on the calendar:

-7/22 Digital Revolution DJ party on the terrace of the Long Center
-8/28 Catalyst 8 Bash 2010 @ the Long Center. Theme: Let's Get Digital!

Good times are guaranteed.

Boating: Switching Lakes

video: my boat's final forklift ride at Riviera Marina

Like the Knight Rider TV series, all good things must come to an end. But, as with Baywatch, you can often find elements of said defunct good thing reappear in better, long running, and more attractive packages (warning: if you are going to watch the Baywatch opening, it is much better to do so with the sound off).

First of all, don't hassle the Hoff. And second, although my boat left Riviera Marina (located on lovely Lake Travis) yesterday, it's moving to the more fun and more convenient Lake Austin. Considering that I don't like Devil's Cove, I prefer Hula Hut to Carlos 'n Charlies, and I appreciate any marina that is a ten minute drive from my residence, I think the Lake Austin move is going to work out quite well.

There is the question of night boating, which was my favorite passtime of the summer of 2008. Night boating (see photo above, of my boat waiting to go out)is exactly what it sounds like, and is a great way to spend a summer evening on Lake Travis. I'm not sure how and if night boating works on Lake Austin. I'm not saying that day boating is bad, but rather that night boating is just plain awesome. We all have our fingers crossed that it will work under the new arrangement, if for no other reason than no one wants to feel pressured to leave Hula Hut before sunset.

[note: although I was ready to move off of Lake Travis, this had nothing to do with Riviera Marina. They were always very cool and they took good care of the boat. Also, the boat mechanic at Riviera was reasonably priced and provided good service. If you want to be on Travis, check out Riviera Marina]