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James I. HarlanAttorney at Law, PLLC. About the Firm

About the Firm

Since 1975, James I. Harlan has provided invaluable legal services to those in need of sound advice.

The expertise displayed by James in regulatory, transactional work, and litigation sets him apart from the competition.

The material contained on this site has been written or gathered by James for informational purposes only. It is not intended to be and is not considered to be legal advice. Transmission is not intended to create and receipt does not establish an attorney-client relationship.

Attorney

James I. Harlan

Skilled negotiator, team-builder and analyst.

Accomplished public policy developer and tactical strategist.

Expert communicator of key business issues before legislators and industry associations.

Broad experience in building strategies for lessening or avoiding governmental regulations.

Solid judgment and business acumen and understanding of business operations and government compliance

Explains complex, challenging business and legal issues in a clear manner to all levels within an organization

Current & Former Activities

State Bar of Texas, appointed 3 yr. Term: Committee on Professionalism

Dallas Bar Association, appointed: Legal Ethics Committee

Dallas Bar Association, appointed: Fee Dispute Committee

Dallas Bar Association, appointed: Judiciary Committee

Construction Law Section Member

Solo & Small Firm Section Member

Prestonwood Baptist Church – PowerPoint Radio Ministry

Board of Directors

Affiliate Principal – Texas Board of Realtors

Greater Dallas Board of Realtors

Accredited to teach Texas Real Estate Commission’s CEU Real Estate courses, 2006 – 2010

The College of the State Bar of Texas; 2001-2011

Contact

Addresses:

5760 Legacy Drive, Suite B3-333, Plano, TX 75024

5729 Lebanon Road, Suite 144-243, Plano, TX 75034

Tel:

1-214-514-3134

Facsimile:

1-214-975-1091

James I. Harlan:

jharlan_harlanlaw.com

http://www.harlanlaw.com

Curriculum Vitae

Curriculum Vitae (scroll down)

Over Thirty-Six Years General Legal Experience: 1975 - 2011>> Trial Lawyer, Regulatory, and Real Estate Attorney; complex telecommunication, commercial and business litigation; real estate litigation; commercial real estate law; contract negotiation and administration; various business entities matters; federal and state regulatory administrative law; employment relations.>> First Chair experience with individual and corporation litigation practice, including bankruptcy in federal and state courts; coordinated and developed litigation strategy.>> Active in dispute resolution; Service oriented approach to client groups.>> Assisted in administration and operation of law firms; prepared case files for trial from interview through trial.>> Assisted experienced or inexperienced lawyers with trial preparation and argument; taught legal principles and legal terminology in post secondary school in Dallas.Telecommunications Legal Counsel: 1994-2010Current representative telecommunications clients from 2001 to Present: Beratend LLC (CLEC); Broadwing Communications, LLC (CLEC); CanyonCreek Communications Corporation (CLEC); Cinncinatti Bell (ILEC); GlobeTel Communications Consultants, Inc.(CLEC); Corban Towers, Inc.; GXT Telecommunications, Inc.; Hawaiian Pacific Internet; NetPro, Inc. (OSP).Acted as outside counsel and general counsel to various companies in overall legal representation. Advised business personnel on relevant legal issues; Prepared and negotiated Asset Purchase Agreements; Acquisition Agreements; CLEC Applications (CPCN, SPCOA, etc); Conduit Occupancy License Agreements; Dark Fiber IRU Agreements; Fiber Optic Relocation Agreements; Fiber Optic Construction and Installation Agreements; Master Service Agreements; and others.Allegiance Telecom, Inc. (CLEC communications company), Dallas, TX – 11/03 – 10/04 [www.algx.com]Represented company as Regulatory Counsel before state utility commissions regarding telecommunications matters; in-house Triennial Review Order expert and counsel; was responsible for state regulatory (PUC/PSC) representation in the states of: Arizona, California, Colorado, Massachusetts, Maryland, Minnesota, Oregon, Texas, and Washington. T-Speed Broadband Communications, Inc., Dallas, TX 02/03 – 12/04 [www.t-speed.com]General Counsel and Vice President of Regulatory AffairsRepresented company in general counsel capacity as lead litigation counsel, corporate counsel adviser, and regulatory counsel. Was responsible for overseeing company’s employee and policy procedures. Performed duties of Corporate Secretary.Diamondback International, Inc. (CLEC communications company), Richardson, TX. – 1999 - 2001 [www.diamondbackint.com]Executive Vice-President, Legal, Regulatory Affairs and Finance Company offered route development, project management, facilities management, and central office engineering and switch services for the telecommunication industry. Company awarded 5th place in Dallas 100 for year 2000.>> Provided General Counsel legal and advisory representation to telecommunication’s company. >> Supervised senior management team on public and industry relations.>> Qualified company for CLEC certification in Texas before the Public Utility Commission.>> Negotiated AIA Construction and telecommunication’s vendor contracts.>> Responsible for full range of labor and employment issues. >> Provided full range of telecommunication’s related legal advice similar to responsibilities at GTE and MCI to protect company’s interests.>> Interviewed, hired and trained employees regarding regulatory and corporate compliance. VERIZON (fka GTE - ILEC communications company), Irving, TX.- 1999 [www.verizon.com]>> Provided legal, regulatory and policy advice to company’s local markets’ regional business units.>> Negotiated and drafted complex interconnection/resale/unbundling agreements and amendments implementing the Federal Telecommunications Act of 1996 to facilitate CLEC’s entry into the local market exchange.>> Developed strategy for appeals of arbitration decisions related to Interconnection Agreements.>> Advised clients regarding company’s rights and obligations under the 1996 Telecommunications Act and interconnection agreements.>> Supervised efforts to ensure local exchange carriers’ and incumbent local exchange carriers’ compliance with terms of interconnection agreements and interconnection and collocation provisions of the 1996 Telecommunications Act.>> Negotiated dark fiber, swap agreements, leases, licenses, joint construction projects and all other contractual requirements for the engineering and construction of both the local and long distance networks.MCI WorldCom, Inc., Dallas, TX: 1994 – 1999 [www.worldcom.com]Associate Counsel - Network and Facilities Telecommunications Law & Public Policy: Litigation/Real EstateMCI Franchise Activities Negotiated, drafted and finalized franchise/license documents with local governments, in support of area-wide local service and long-distance construction projects; advocated corporate positions before government regulators at state and local levels; negotiated customer-driven network expansion sites.• Provided legal advice for build out of ubiquitous national long distance and local fiber optic network.• Identified legal restrictions hampering competition and provided counsel to cross-business unit teams in developing communication for state and local units of government; monitored and negotiated development of Ordinances of General Application among different municipalities through the U.S.• Initiated industry partner coalitions to develop common principles of regulatory strategy; negotiated with Municipal Leagues, Chambers of Commerce, industry groups and state legislatures to initiate, draft, and support favorable Right-of-Way, franchise and other favorable legislation; actively participated in industry groups to develop uniform national policies regarding franchise issues; participated in States’ Communications Task Forces to develop statewide rules and regulations for the telecommunications industry in Iowa, Minnesota, Nevada, Utah and Wisconsin. Restoration and Upgrade Activities• Evaluated relocation issues and determined reimbursement rights and the need for grant of alternate Right-of-Way (ROW); Negotiated, drafted and finalized reimbursement agreements and grants of alternate ROW.• Negotiated Indefeasible Rights of Use (IRUs) agreements to share ownership of fiber optic systems. • Coordinated the following: (1) relocation with multiple carriers and multiple entities; (2) efforts of outside counsel, R&U, network operations and engineering; (3) major function groups on collection of fiber cuts data and evidence; and (4) OSP Services on demands and collection for reimbursements of relocations of telecommunication systems.• Provided employee training to ensure regulatory compliance; Responsible for Southeast Region of U.S. (one-third of U.S.)Montgomery Ward & Co., Inc., Chicago, Ill.: 1978-1980 [www.wards.com]General Attorney - Real Estate• Counseled the fifth largest retailer in the United States in most facets of its real estate transactions, including merger/acquisition, leveraged leasing, investigation and analysis of acquisition, financing (interim, take-out, construction, long-term, and junior); sale-leaseback, joint venture, partnership, syndication, lease negotiations, shopping center development (Reciprocal Easement Agreements, Joint Improvement Agreements, A.I.A. construction contracts).• Prepared and negotiated legal documents for merger, acquisition, development, improvement, and leasing of 50 Jefferson-Ward conversions throughout the Eastern United States; prepared and negotiated most legal documents for the acquisition, joint venture, and construction of major tenant retail stores for regional shopping centers.General Growth Properties, Inc., Chicago, Ill.: 1976-1978 [www.generalgrowth.com]Corporate Counsel• Counseled one of the largest publicly-held (REIT) shopping center developers and managers in the United States, including counseling on most business litigation; negotiation and drafting leases with major tenants, independents, and large-scale, mixed-use commercial projects.• Advised clients in landlord/tenant rights and remedies, center management responsibilities, and federal and state regulatory requirements.• Responsible for legal documentation of sale of 20 shopping centers to major lender (Aetna).Iowa Department of Agriculture, Des Moines, Iowa: 1974-1976Assistant Secretary of Agriculture, Director of Regulatory Division• Director/administrator of five divisions (supervised approximately 180 employees); counseled Iowa Secretary of Agriculture and other Agency Departments regarding regulatory process and administrative aspects of state government.• Supervised Department in accordance with policies and applicable laws; interviewed, hired and trained employees.• Acted as Administrative Law Judge for Department.

Military Service Museum Frame

Military Service

United States Air Force....1969-1971Awarded the National Defense Service Medal-1970 Active duty: Vietnam Era
Professional Awards and Recognition MCI Award Image.jpg

Professional Awards and Recognition: >> MCI’s MAP Award for Performance in Law and Public Policy, 1999>> MCI’s MAP Award for Performance in Law and Public Policy, 1998
Publications

Publications

>> Williams, Freeman and Harlan, Municipal Regulation of Telecommunications: The Telecommunications Act of 1996 and the Facets of the Paradigm, THE URBAN LAWYER, Vol. 28, No. 4 (Fall, 1996)(recent developments in government operations and law).

>> Harlan and Cunningham, Real Property: Landlord and Tenant, Mortgages and Liens, 40 S.W. L.J. 271 (1986)(survey of 1985 Texas real estate case law).

>> Harlan, Insurance Requirements and Restoration Obligations for Commercial Landlords and Tenants, INTERNATIONAL COUNCIL OF SHOPPING CENTER LAW CONFERENCE MANUAL (1980).

>> Harlan, Remedies: Actions to Be Taken by Landlord or Tenant in Response to a Default by the Other Party, INTERNATIONAL COUNCIL OF SHOPPING CENTER LAW CONFERENCE MANUAL (1980).

>> Iowa American Legion, Iowa Government in Brief, (1976).

Litigation & Transactional Activity

Litigation & Transactional Activity:

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AttributesSkilled negotiator, team-builder and analyst◦Accomplished public policy developer and tactical strategist◦Expert communicator of key business issues before legislators and industry associations◦Broad experience in building strategies for lessening or avoiding governmental regulationsTrial Lawyer and Real Estate Attorney◦Complex commercial and business litigation◦Real estate litigation ◦Commercial real estate law ◦Contract negotiation and administration ◦Partnership matters ◦Administrative law ◦Employment relationsFirst Chair experience with individual, Corporation, and bankruptcy litigation Practice in federal and state courts ◦Coordinated and developed litigation strategyAssisted in administration and operation of law firms ◦Prepared case files for trial from interview through trial ◦Assisted experienced or inexperienced lawyers with trial preparation and argument Taught legal principals and legal terminology in post secondary school in Dallas. Telecommunications Legal CounselFranchise Activities: ◦Negotiate, draft and finalize franchise/license documents with local governments, in support of area-wide local service and long-distance construction projects; advocate corporate positions before government regulators at state and local levels; negotiate customer-driven network expansion sites. ◦Identify legal restrictions hampering competition and provide counsel to cross-business unit teams in developing communication for state PUC/PSC's and local units of government; monitor and negotiate development of Ordinances of General Application among municipalities through the U.S. ◦Initiate industry partner coalitions to develop common principles of regulatory strategy; negotiate with Municipal Leagues, Chambers of Commerce, industry groups and state legislatures to initiate, draft, and support favorable Right-of-Way legislation; participate in industry groups to develop uniform policies regarding franchise issues; participate in state Communications Task Forces to develop statewide rules and regulations for the telecommunications industry in Iowa, Minnesota, Nevada, Utah and Wisconsin. Restoration and Upgrade Activities: ◦Evaluate relocation issues and determine reimbursement rights and the need for grant of alternate Right-of-Way (ROW); Negotiate, draft and finalize reimbursement agreements and grants of alternate ROW; ◦Coordinate the following: (i) relocation with multiple carriers and multiple entities; (ii) efforts of outside counsel, R&U, network operations and engineering; (iii) major function groups on collection of fiber cuts data and evidence; (iv) OSP Services on demands and collection for reimbursements of relocations of systems; Provide training and form development; Cover southeast region of U.S. (one-third of country).
Education Museum Frame

Education

The College of the State Bar of TexasDallas, Texas2001-2011Juris DoctorDrake University,Des Moines, Iowa 1974Master of Science Emphasis in economics, education, and history Chapman University, Orange, California 1971Adjunct Instructor 1971Bachelor of Arts Emphasis in accounting and economicsChapman UniversityOrange, CA 1970.Honors: Cum Laude
CLE Course Completion

The Bar College of Texas

Continueing Legal Education Course Completion

The Fundementals of an Uncontested DivorceA Practitioner's Guide to Protecting the Client's HomesteadDamages in Civil Litigation 2011Real Estate Receiverships2011 Hospitality Law ConferenceAdvanced Parent-Child Relationships
Litigation & Trial

Litigation & Trial Law

Admitted:

State of Texas Supreme Court..................................1985

United States District Court.......................................1984

Real Estate Law

Real Estate Law (scroll down)

Real Estate Law

Because of our detailed focus on real estate law for over three decades, we have a deep understanding of the vested interest of multiple parties during a transaction, dispute, or other issue. We represent many different individuals, groups, and business entities: Buyers Sellers Realtors Inspectors Appraisers Surveyors Contractors Loan officers Builders Mortgage lenders Borrowers Banks Title companies Landlords Tenants Plaintiffs Defendants Lien holdersOur firm extends its legal services to the real estate community of Dallas, Tarrant, and Denton counties Texas and is looking forward to helping you assert your rights and champion your interests.
Telecommunication Law

Telecommunication Law (scroll down)

James advises on a broad range of telecommunications-related commercial, transactional, regulatory, and infrastructure matters, particularly those with an international dimension: Regulation Transactions Disputes Equipment Suppliers Service Providers Government and Public Telecom Operators PrivatizationAs a telecommunications lawyer, James has an in-depth understanding of the commercial and technological aspects of the telecommunications industry and continually monitor market developments in North America and Europe. We offer our clients pragmatic and sector-specific legal advice in order to successfully meet the challenges of today's rapidly developing international telecommunications industry.
Corporate Law

Corporate Law (scroll down)

Appellate, Banking & Financing, Bankruptcy & Creditors' Rights, Class Action Litigation, Civil Rights Defense, Commercial Litigation, Corporate, Construction Law, Director & Officer Liability, Employee Benefits, Environmental, Fidelity...
Family Law

Family Law (scroll down)

Family Law are the laws related to, and regarding families. This includes the establishment of family and domestic relationships, the rules for creating a union - be it marriage, domestic partnerships or civil unions, as well as their termination or dissolution, and the ensuing issues related to this, such as alimony, child support, property division, custody and the like.When one thinks of family court, marriage, divorce, adoption, domestic abuse, child abuse and other related topics generally come to mind. All of these issues, and more, are addressed in family law.Family law is ruled largely by statute, but common law precedent plays an important role, as well, and these rules and laws vary from state to state. Although family court is the most well know judiciary body for this area of law, other courts and administrative bodies share jurisdiction as well. Many of the courts offer access to self-help services and legal forms for individuals to proceed without an attorney, but complications can easily arise and retaining an attorney is most often the wiser decision.

Franchise Activity

Franchising (scroll down)

Franchising

We draft the legal documents that are the cornerstone of your franchise system: your franchise disclosure document and your franchise agreement. James also drafts the contracts that go with the FDD and the franchise agreement: guaranties, non-compete agreements, contracts that protect the confidentiality of your confidential information, contracts that help you expand, and contracts that help protect you from liability. James will give you the benefit of a clear, concise, coordinated suite of documents.
Other Legal Experience

General Practice & Administration

Other Legal Experience: 1980-2011

Assisted in supervisory responsibilities in accordance with organization’s policies and applicable laws.

Managed litigation and claims against companies to minimize costs, losses, and future claims and litigation.

Supervised and managed in-house and outside counsel on case development and legal strategy.

Established policies and procedures regarding local, state and federal regulations regarding specific industries.

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Speaker and Panelist

Speaker & Panelist (scroll down)

Lorman Education Services –Law of Easements: Legal Issues and Practical Considerations in Texas May, 2006 National Conferences of State Legislatures, Commerce and Communications Committee - Telecom Deregulation : A Threat to State and Local Land-Use and Zoning Policies? April, 1998United States Telephone Assn.- Rights-of-Way and Access to Municipal Facilities: The Road to Competition - A Tale From Two Cities: Perspectives from Local Governments, June 1997Strategic Research Institute- The Impact of the Telecom Act of 1996 on Competition in Local Telecom & Cable Markets - Telecommunications Right-of-Way Ordinances: Municipal Strategies to Protect PROW Authority, December 1996Strategic Research Institute- Cable/Telco Video Franchising, State and Local Realities - Michigan Revamps Its Telecom Policies and Cities Respond, June, 1996.

Clientele

Clientele (scroll down)

Corporate ◦Glamour Shots, Inc. ◦Angel Fire, Inc. (ski resort) ◦American Dental Corporation ◦Montgomery Ward Development Co. ◦United States Consumer Club, Inc. ◦Tioga Weaving Company, Inc. ◦First National Indemnity Corporation ◦University Savings Diamondback Facilities, Inc. ◦Roadway Inns International, Inc. ◦Summit Hotels International ◦Lodging Systems Management, Inc. ◦Montgomery Ward Properties, Corp. ◦Marcor Housing Systems ◦R.F. Oil Co., Ltd. Litigation ◦United States Consumer Club, Inc. ◦Tioga Weaving Company, Inc. ◦Commercial Development Group, Inc. ◦Diamondback Facilities, Inc. ◦Moussa Enterprises, Inc. ◦Retirement Housing Corporation Turtle Creek Place, Inc. ◦Best Imports, Inc. ◦Hangers Dry Cleaners and Laundry, Inc. ◦Royal Bank of Canada ◦Other lawyers and law firms ◦Parkmount Hospitality Corporation ◦The Dorchester Commercial Development Group, Inc. ◦MCImetro Access Transmission Services, Inc. Telecommunications ◦MCI Communications Corporation, Inc. ◦GTE Services Corporation Diamondback Facilities, Inc.

Resources

Resource Links

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About the Firm
Attorney
Current & Former Activities
Contact
Curriculum Vitae
Military Service
Professional Awards and Recognition
Publications
Litigation & Transactional Activity
Education
CLE Course Completion
Litigation & Trial
Real Estate Law
Telecommunication Law
Corporate Law
Family Law
Franchise Activity
Other Legal Experience
Speaker and Panelist
Clientele
Resources