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Victor Albert

EEOC’s Guidance on Harassment in the Workplace Creates Need for Employers to Update Antiharassment Policies and Investigation Procedures

On April 29, 2024, the U.S. Equal Employment Opportunity Commission (“EEOC”) released long-awaited Enforcement Guidance on Harassment in the Workplace, No. 915.064 (the “Guidance"). This update is the first of its kind in 30…more

Anti-Harassment Policies, Anti-Retaliation Provisions, Equal Employment Opportunity Commission (EEOC), LGBTQ, Policies and Procedures

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Neil Kenton Alexander

Where Is “As Is, Where Is” in Texas? The Impact of Contract Disclaimers on Tort Claims in Texas

A chronic issue in Texas law is defining when representations made by a “seller” prior to contract execution bind the seller, notwithstanding contract language that purports to disclaim or otherwise limit the “buyer’s” right to…more

As-Is Clauses, Buyers, Contract Terms, Disclaimers, JPMorgan Chase

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Craig Bergez

Real Estate Planning Tips: What is Cancellation of Indebtedness ("COD") Income?

The commercial real estate market is in the process of adjusting to lower property valuations. Much recent focus has been on office buildings, and the fallout from enduring reductions in occupancy associated with remote and…more

Borrowers, Cancellation of Debt (COD), Chapter 11, Commercial Bankruptcy, Commercial Loans

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E. James Cowen

Alert "SBA Issues Guidance On PPP Borrower Changes Of Ownership"

On October 2, 2020, the Small Business Administration (SBA) published guidance on when SBA consent must be obtained before a PPP borrower undergoes a change of ownership. It not only covers changes in controlling ownership…more

Change of Ownership, Consent, Lenders, Loan Forgiveness, New Guidance

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Elliott Deese

There Won’t Always Be a Stark in Delaware

After almost a decade as a U.S. District Judge, Chief Judge Leonard P. Stark of the District of Delaware is taking his talents to the swamp as the newest member of the Federal Circuit. On February 9, 2022, the Senate confirmed…more

Judges, Patent Litigation, Patent-Eligible Subject Matter, Patents

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Mandy Diaz

Business Planning Tips: "Selling A Business? Prepare For Legal Due Diligence"

The activity level for mergers and acquisitions in the middle market surely will recover as the world adjusts to COVID-19 and related consequences. If a business owner hopes or needs to market the business for sale, or to raise…more

Business Plans, Business Valuations, Buyers, Due Diligence, Exit Strategies

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Eric English

Energy Alert: Bankruptcy Court Rejects Midstream Contracts

In a highly anticipated ruling being carefully watched by both distressed upstream producers of natural gas and the pipelines that gather the gas, Judge Shelly Chapman of the United States Bankruptcy Court for the Southern…more

Commercial Bankruptcy, Executory Contracts, Natural Gas

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Kelly Ferrell

UPDATE: State of Texas and Business Groups Succeed in Vacating DOL’s Final Rule Increasing Compensation Thresholds for Exempt Employees

As we reported earlier this year, the Department of Labor (“DOL”) issued a final rule on April 23, 2024 (the “Final Rule”), raising the salary threshold for the so-called “White-Collar” Exemptions and the Highly Compensated…more

Department of Labor (DOL), Executive Compensation, Fair Labor Standards Act (FLSA), Final Rules, Highly Compensated Employees

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Derek Forinash

What’s Really Going On With Fintiv At The Patent Trial And Appeal Board?

The now ten year-old law that created the Inter Partes Review (“IPR”) system gave the U.S. Patent and Trademark Office (“PTO”) the discretion to deny institution of an IPR when there was not a “reasonable likelihood that the…more

Final Written Decisions, Inter Partes Review (IPR) Proceeding, Patent Infringement, Patent Litigation, Patent Trial and Appeal Board

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Jamie Godsey

Best Practices to Ensure Compliance with Upcoming Data Protection Regulations

The Department of Justice ("DOJ") is wasting no time in implementing the new cyber-security Executive Order (the EO), signed on February 28, 2024. As explained in our April 2024 blog post, the EO aims to portect Americans’ data…more

Advanced Notice of Proposed Rulemaking (ANPRM), Compliance, Cybersecurity, Data Protection, Data Transfers

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Heather Hatfield

Best Practices to Ensure Compliance with Upcoming Data Protection Regulations

The Department of Justice ("DOJ") is wasting no time in implementing the new cyber-security Executive Order (the EO), signed on February 28, 2024. As explained in our April 2024 blog post, the EO aims to portect Americans’ data…more

Advanced Notice of Proposed Rulemaking (ANPRM), Compliance, Cybersecurity, Data Protection, Data Transfers

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John Hawkins

What do you mean I don’t own the plan?

The Owner and Architect of a Project may sometimes strongly disagree on who should or does own the designs, plans, and specifications that the Owner pays the Architect and its consultants to produce. The meaning of “ownership”…more

American Institute of Architects, Architects, Architectural Copyrights, Construction Industry, Construction Project

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Ragna Henrichs

Construction Alert: "Texas Supreme Court Opinion Impacts General Contractor's Statutory Indemnity Rights Against Manufacturers of Construction Products"

The Texas Supreme Court recently issued an important decision regarding the ability of general contractors to seek indemnity from manufacturers of defective products. In Centerpoint Builders GP, LLC v. Trussway, Ltd., the Court…more

Construction Industry, General Contractors, Indemnification Clauses, Manufacturers, Product Defects

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John Higgins

Energy Alert: Bankruptcy Court Rejects Midstream Contracts

In a highly anticipated ruling being carefully watched by both distressed upstream producers of natural gas and the pipelines that gather the gas, Judge Shelly Chapman of the United States Bankruptcy Court for the Southern…more

Commercial Bankruptcy, Executory Contracts, Natural Gas

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Stephanie Holcombe

Taking Matters into Your Own Hands: Key Steps Women Can Make to Combat Gender Disparities in the Legal Profession

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Career Development, Diversity, Gender Discrimination, Law Firm Partners, Professional Development

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Megan Young-John

The Owner’s Dos and Don’ts When a General Contractor Files for Chapter 11 Bankruptcy

This blog post addresses: (1) steps to be taken, (2) issues to be aware of, and (3) recovery prospects when a general contractor files for bankruptcy protection under Chapter 11 of the Bankruptcy Code, from the owner’s…more

Automatic Stay, Bankruptcy Code, Bonds, Chapter 11, Construction Defects

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Megan Luh

How the Shift to a Permanent Remote Workforce Can Impact Venue for Patent Infringement Lawsuits

The COVID-19 pandemic changed the way employers and employees viewed remote work. What was once a rare perk enjoyed by few became an everyday necessity almost overnight. In 2020, most people engaged in some type of work from…more

Coronavirus/COVID-19, Exclusive Territory, Jurisdiction, Patent Infringement, Patents

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Sean McChristian

Understanding the Texas Prompt Payment Act

The construction industry is a cornerstone of Texas’s robust economy, and timely payments are critical for maintaining the health of this sector. To ensure that contractors, subcontractors, and suppliers are paid promptly for…more

Construction Industry, Contract Terms, Contractors, Fee Disputes, Good Faith

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Jeremy Mouton

Energy Alert: "Producers To Take Extra Precautions Under Texas First Purchaser Statute"

In consideration of the recent decline in oil prices and more widespread concerns throughout domestic and global markets related to the spread of COVID-19, oil and gas producers should review their marketing arrangements to…more

Coronavirus/COVID-19, Energy Sector, Oil & Gas

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Eugene Nettles

Alert: "Texas Supreme Court Confirms No Obligation Clauses Can Prevent Contract Formation"

On the heels of its opinion in Energy Transfer Partners, L.P. v. Enter. Products Partners, L.P., in which the court held that parties can agree to conditions precedent before the partnership formation factors in Tex. Bus. Org…more

Condition Precedent, Contract Formation, Contract Negotiations, Contract Terms, Oil & Gas

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Nick Nicholas

Alert "SBA Issues Guidance On PPP Borrower Changes Of Ownership"

On October 2, 2020, the Small Business Administration (SBA) published guidance on when SBA consent must be obtained before a PPP borrower undergoes a change of ownership. It not only covers changes in controlling ownership…more

Change of Ownership, Consent, Lenders, Loan Forgiveness, New Guidance

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David Peden

The Initial Decision Maker: Coordinating the Owner-Architect and Owner-Contractor Agreements

Coordination between the Owner-Architect Agreement and the Owner-Contractor Agreement is crucial for any successful project. In particular, parties most commonly overlook the provisions related to an Initial Decision Maker…more

American Institute of Architects, Arbitration, Architects, Construction Contracts, Construction Industry

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Emily Pendleton

Key Considerations to Perfect Performance Bond Claims in Texas

Perfecting a performance bond claim in Texas requires careful attention to legal requirements and procedural details set forth on the face of the bond and under Texas law. Perfection of a performance bond claim is often…more

Abandonment, Construction Contracts, Construction Industry, Construction Project, Default

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Jonathan Pierce

IP Alert: "Supreme Court Restricts Where Patent Suits May Be Filed"

Yesterday the U.S. Supreme Court tightened the reins on where patent infringement lawsuits may be filed. In a closely watched case, the Court reversed the decades-old Federal Circuit interpretation that permitted patent…more

Food Manufacturers, Forum Shopping, Intellectual Property Protection, Multidistrict Litigation, Patent Infringement

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Ashley Prieto

Environmental Alert: "Potential Seismic Activity from Injection Wells Prompts Railroad Commission of Texas to Order Hearings"

On Friday, April 24, the Railroad Commission of Texas (RRC) ordered hearings regarding two waste injection well permits. The hearings are to address an alleged connection between the injection wells and seismic activity in the…more

Administrative Hearings, Fracking, Railroads, Seismic Data, Underground Injection Wells

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Benjamin Rajabi

Energy Alert: "Producers To Take Extra Precautions Under Texas First Purchaser Statute"

In consideration of the recent decline in oil prices and more widespread concerns throughout domestic and global markets related to the spread of COVID-19, oil and gas producers should review their marketing arrangements to…more

Coronavirus/COVID-19, Energy Sector, Oil & Gas

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James Reardon

Recent Construction News under the Inflation Reduction Act

The Inflation Reduction Act of 2022 (“IRA”) offered several incentives for the construction industry, including an update of the deduction for energy efficient property installed at commercial buildings under Section 179D of the…more

Apprenticeships, Construction Industry, Construction Project, Department of Energy (DOE), Energy Projects

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Kevan Richards

Real Estate Planning Tips: What is Cancellation of Indebtedness ("COD") Income?

The commercial real estate market is in the process of adjusting to lower property valuations. Much recent focus has been on office buildings, and the fallout from enduring reductions in occupancy associated with remote and…more

Borrowers, Cancellation of Debt (COD), Chapter 11, Commercial Bankruptcy, Commercial Loans

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Gabriel Rincón

Choice of Law and Federal Preemption: Why Texas Law May Not Govern Your Texas Project Despite the Home Rule Statute

When entering into construction contracts, the question of which state’s laws will govern is a pivotal consideration. Choice of law has real-world implications for how construction disputes are resolved. Different states have…more

Arbitration Agreements, Construction Contracts, Construction Industry, Construction Litigation, Dispute Resolution

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Sarah Ring

Is More Big Change Afoot in the Western District of Texas’ Patent Docket?

In sharp contrast to the extreme fanfare that followed Chief Judge Orlando Garcia’s July 25, 2022, “Order Assigning the Business of the Court as it Relates to Patent Cases” randomly assigning all new patent cases filed in the…more

Business Court, Business Court Division, Judges, Patent Litigation, Texas

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R. Blake Runions

Best Practices to Ensure Compliance with Upcoming Data Protection Regulations

The Department of Justice ("DOJ") is wasting no time in implementing the new cyber-security Executive Order (the EO), signed on February 28, 2024. As explained in our April 2024 blog post, the EO aims to portect Americans’ data…more

Advanced Notice of Proposed Rulemaking (ANPRM), Compliance, Cybersecurity, Data Protection, Data Transfers

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Emil Sadykhov

UPDATE: State of Texas and Business Groups Succeed in Vacating DOL’s Final Rule Increasing Compensation Thresholds for Exempt Employees

As we reported earlier this year, the Department of Labor (“DOL”) issued a final rule on April 23, 2024 (the “Final Rule”), raising the salary threshold for the so-called “White-Collar” Exemptions and the Highly Compensated…more

Department of Labor (DOL), Executive Compensation, Fair Labor Standards Act (FLSA), Final Rules, Highly Compensated Employees

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David Salton

Two Key Takeaways from the 35th Annual Construction Law Conference in Texas

Earlier this month, our firm was well-represented at the 35th Annual Construction Law Conference in San Antonio, Texas. As always, the conference presented great opportunities to visit with colleagues and other construction law…more

Construction Contracts, Construction Industry, Construction Liens, Contractors, Design Defects

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Geoffrey Schultz

Tax Alert: "What Does New Tax Bill Mean for Individuals and Business Owners?"

Tuesday night the Senate passed the Tax Cuts and Jobs Act (the “Tax Reform Act of 2017”). The House was expected to re-vote on it yesterday. Kevin Brady, Chairman of the House Ways and Means Committee, and Paul Ryan, Speaker of…more

Alternative Minimum Tax, Business Taxes, Corporate Structures, Corporate Taxes, Income Taxes

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Nicholas Simms

Owners’ Rights Pursuing Claims Directly Against Subcontractors/Vendors

In construction disputes, owners typically deal with defects within the scope of work of the subcontractor or vendor by pursuing claims directly against the general contractor. The owner, however, may consider pursuing claims…more

Construction Contracts, Construction Defects, Construction Industry, Contract Disputes, Contractors

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Nick Sorensen

Alert "SBA Issues Guidance On PPP Borrower Changes Of Ownership"

On October 2, 2020, the Small Business Administration (SBA) published guidance on when SBA consent must be obtained before a PPP borrower undergoes a change of ownership. It not only covers changes in controlling ownership…more

Change of Ownership, Consent, Lenders, Loan Forgiveness, New Guidance

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M. Harris Stamey

Alert: "SCOTX Affirms Second-Look Approach For Liquidated Damages, Clarifies Each Side's Burdens"

Nearly six years after its opinion in FPL Energy, LLC v. TXU Portfolio Mgmt. Co., the Texas Supreme Court once again took up the issue of whether liquidated damages constitute an unenforceable penalty in Atrium Medical Center,…more

Breach of Contract, Calculation of Damages, Damages, Liquidated Damages

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Clay Steely

Alert: "Amendments To The Texas Rules Of Civil Procedure Affect Three Key Areas Of Civil Cases"

Effective September 1, 2020 (the “2020 Amendments”). and January 1, 2021 (the “2021 Amendments”) two sets of amendments to the Texas Rules of Civil Procedure affect three key areas of civil cases filed after those dates: (1) the…more

Amended Legislation, Attorney's Fees, Compensatory Damages, Damage Caps, Disclosure Requirements

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Shane Sullivan

Wellbore Transactions Update - Conveyances, Reservations And Related Lease Severance Issues

This article focuses on the state of Texas law regarding wellbore rights and various related issues raised by transactions involving such rights (and other similar lease severance issues) and provides some practical tips to help…more

Gas Royalties, Intervenors, Mineral Leases, Oil & Gas, Subsurface Conditions

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Jonna Summers

Lonergan Lives On—Fifth Circuit Affirms Contract Risk Allocation, Citing 110+ Year Old Texas Case

The Fifth Circuit applying Texas law recently weighed in on whether a subcontractor could recover more than the contract balance from the general contractor when (1) the work proved more onerous than anticipated at contracting;…more

Breach of Contract, Construction Contracts, General Contractors, Risk Allocation, Subcontractors

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Cornelius Sweers

New Texas Legislation that Restricts Owner-Directed Change Order Rights Takes Effect September 1, 2023

The Texas legislature has passed House Bill 3485 that may limit owner-directed change orders for owner-directed work. The law takes effect September 1, 2023 for contracts entered into on or after September 1, 2023. The upshot…more

Change Orders, Construction Project, Contractors, Mining, New Legislation

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Robert Thomas

Energy Alert: "Producers To Take Extra Precautions Under Texas First Purchaser Statute"

In consideration of the recent decline in oil prices and more widespread concerns throughout domestic and global markets related to the spread of COVID-19, oil and gas producers should review their marketing arrangements to…more

Coronavirus/COVID-19, Energy Sector, Oil & Gas

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Ray Torgerson

Anticipating President Biden’s Intellectual Property Policy in an Historical Context

Presidential administrations have affected intellectual property (IP) policy since the very beginning of United States history. In his first State of the Union address in 1790, President George Washington addressed patents…more

Alice/Mayo, America Invents Act, Barack Obama, China, Coronavirus/COVID-19

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Eric Wade

Cyber Alert: Business Email Compromise Schemes Increasing

We’ve all heard the sad story: A transaction is about to close. The buyer is preparing to wire funds to the seller. Unbeknownst to the buyer, a hacker has hijacked the parties’ email communications to replace the wiring…more

Asset Recovery, Cyber Attacks, Cyber Crimes, Cybersecurity, Direct Deposit

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Amy Wolfshohl

The Importance of Change Orders on Construction Claims

While change orders are widely viewed as a mechanism to increase the contract price in a construction contract, sophisticated players understand that change orders can and should be used to manage claims…more

Change Orders, Construction Contracts, Construction Industry, Contract Claims, Contract Modification

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Joshua Wolfshohl

Alert: "Fifth Circuit Holding: A Non-Debtor's Easement Rights Can Be Eliminated In Bankruptcy"

This week, the Fifth Circuit Court of Appeals expressly recognized that a bankruptcy sale can extinguish an easement. In Port of Corpus Christi Authority v. Sherwin Alumina Company, LLC, the Fifth Circuit acknowledged that the…more

Chapter 11, Commercial Bankruptcy, Debtors, Easements

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