It appears there is a bug in the above chips admitted in http://focus.ti.com/lit/er/sllz052/sllz052.pdf (errata)
It states the problem can be resolved by asserting DP before DM. Unfortunately this in not under the control of the chip(unless I am not understanding the errata) it is surely the external device over which we have no control. I also note the errata is 2006 is possible that this problem is now resolved?