On April 12, 2024, the Texas Supreme Court handed down two decisions clarifying its interpretation of governmental immunity and waiver under Section 271.152 of the Texas Local Government Code. Governmental units, including…
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/ Administrative Law, Commercial Law & Contracts, Government Contracting
On April 23, 2024, the Federal Trade Commission (FTC) announced its final Rule (16 CFR Part 910) that bans non-compete clauses for most workers as unfair competition under federal law, specifically Section 5 of the FTC Act (15…
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/ Administrative Law, Commercial Law & Contracts, Labor & Employment Law
On March 6, 2024, the Securities and Exchange Commission (SEC) voted 3-2 to adopt final rules requiring registrants to disclose climate-related information in their registration statements and period reports (the Rules), two…
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/ Business Organizations, Commercial Law & Contracts, Environmental Law, Securities Law
Four years on from the Supreme Court’s monumental decision in McGirt v. Oklahoma, the results have been a mixed bag for all parties involved. In our previous McGirt update, we detailed potential tax and regulatory implications…
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/ Criminal Law, Environmental Law, Taxation
On January 17, 2024, the Supreme Court heard oral arguments in tandem cases Loper Bright Enterprises v. Raimondo and Relentless, Inc., et al. v. Dept. of Commerce, et al., which ask whether the court should overrule one of its…
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/ Administrative Law, Civil Procedure, Environmental Law
On December 6, 2023, the Supreme Court heard oral argument in Muldrow v. City of St. Louis, a Title VII case out of the Eighth Circuit. The petitioner, Sergeant Jatonya Muldrow of the St. Louis Police Department, alleged sex…
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/ Civil Procedure, Civil Rights, Labor & Employment Law
On December 4, 2023, the Supreme Court will hear oral argument in a case that may have major implications for bankruptcy law in the Fifth Circuit. While the Fifth Circuit (along with the Ninth and Tenth Circuits) has held that…
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/ Bankruptcy, Business Organizations, Civil Procedure
The Texas Supreme Court will review a state regulator’s rejection of 16 applications submitted by Ammonite Oil & Gas Corp. (“Ammonite”) to force pool its mineral estate with adjacent wells operated by EOG Resources Inc. (“EOG”)…
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/ Energy & Utilities
On Friday, May 12, the Texas Senate passed a bill that would create a specialized business court to oversee complex civil litigation. The state senators voted 24 to 6 to approve H.B. 19, which was passed by the Texas House…
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/ Commercial Law & Contracts
On July 9, 2021, President Joe Biden signed an executive order[1] calling for stronger enforcement of antitrust laws to promote competition and curtail the consolidation of American industries. The expansive order included 72…
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/ Antitrust & Trade Regulation, Commercial Law & Contracts, Mergers & Acquisitions
Like any other type of litigation, trade secret cases rise or fall on the strength of the evidence that can be put before the factfinder. Yet before a lawyer can focus on what evidence they have to make or defend their case,…
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/ Intellectual Property, Science, Computers, & Technology
As discussed in part one of this series, trade secret litigation presents a minefield of evidentiary challenges. But while the act of misappropriation is often simple enough to demonstrate, calculating the precise value of…
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/ Intellectual Property
In recent years, juries have returned verdicts in trade secret disputes of $2.04 billion, $570 million, $152 million, and $105 million. The enormity of these verdicts reflect the importance the modern economy places on trade…
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/ Intellectual Property
On July 1, 2020, the United States-Mexico-Canada Agreement (USMCA) took effect, replacing the 1994 North American Free Trade Agreement (NAFTA). The USMCA provides a three-year sunset period for investors to submit arbitration…
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/ Finance & Banking, International Law & Trade
According to a recent decision handed down by the Delaware courts, corporate officers must now contend with a new avenue of liability: the duty of oversight. Previously, only a company’s board could face personal liability from…
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/ Business Organizations, Finance & Banking, Securities Law
