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David Coale

Hey Claude, Evaluate This!

Last fall, ChatGPT took the world by storm, allowing millions to experiment with “generative artificial intelligence” through a simple and intuitive interface. ChatGPT’s success drew competitors, one of which is Claude, whose creators claim it can analyze long PDF documents. To see what Claude could do, I uploaded the petitioners’ and respondents’ briefs from Dobbs v. Jackson Women’s Health, the 2022 case that overruled Roe v. Wade.

August 15, 2023 David Coale

Unprecedented Situation — Creating Case Law for the New Court of Appeals

The Senate has now approved the House’s revisions to the bill that would form the new Fifteenth Court of Appeals for commercial cases. Once the two chambers of the Legislature sign the final version of the bill, the creation of that new court awaits only the governor’s signature.

Before long, that court’s justices will take office and its docket will begin to fill with cases. As a brand new institution, the Fifteenth Court will have no precedent of its own to apply in those cases. With apologies for the pun, that court will face an “unprecedented” situation.

May 21, 2023 David Coale

ChatGPT as a Pocket B.S. Detector

ChatGPT can be a valuable tool to avoid the constant occupational hazard for litigators of “groupthink.” All of you have to do is ask it some simple questions and you’ve got the opposing point of view, well-explained. Here’s why I think of it as my “Pocket B.S. Detector.”

January 30, 2023 David Coale

Night of the Living Lochner: Did the Constitution End Economics in 1791?

In 1985’s classic film, The Return of the Living Dead, a rainstorm spreads a zombie-creating chemical throughout a city. In 2022, the Supreme Court’s relentless focus on originalism has also awakened long-dead legal doctrines. One such resurrection appears in the concurrence from Golden Glow Tanning Salon v. City of Columbus, which advocates examination of a constitutional “right to earn a living” in light of how such economic matters were understood in the late 1700s.

November 14, 2022 David Coale

WWHD? — Should the Question ‘What Would Hamilton Do?’ Inform the Fifth Circuit’s Separation-of-Powers Jurisprudence?

Seven federal courts, including the U.S. Court of Appeals for the D.C. Circuit, have rejected arguments that federal financial regulators should not be funded by assessments made outside the usual budgeting process. The reasoning was those fundings are done pursuant to acts of Congress.

The Fifth Circuit in Community Financial Services Association of America v. Consumer Financial Protection Bureau saw matters otherwise and cited several drafters of the Constitution, including the ubiquitous Alexander Hamilton.

October 24, 2022 David Coale

The Etiquette of Jurisprudential Unicorns: Review of a Recent Fifth Circuit Concurrence

Scholars traditionally classify the statements in a judicial opinion as “holdings” (the reasons for a court’s decision) or “dicta” (additional discussion not necessary to the result, with varying precedential value depending on its thoroughness). But that distinction comes up short when applied to Fifth Circuit Judge James Ho’s recent concurrence in Defense Distributed v. Platkin. The concurrence—a courteous (though unenforceable) request to a district court in another circuit—is an unusual jurisprudential addition to the patchworks of holding and dicta that ordinarily fill the Federal Reporter.

September 23, 2022 David Coale

Abortion, Texas Republicans and the Slaughterhouse Cases: A Collision Ahead

Despite the recent threats of conservative lawmakers to impose civil and criminal penalties on Texas residents seeking an abortion in another state, the privileges-or-immunities clause and the dormant commerce clause can protect interstate travel for those parties. But will they given the current makeup of the federal courts?

August 1, 2022 David Coale

‘Meatspace,’ Cyberspace and the Dallas Court of Appeals

Cyberpunk fiction often calls the physical world “meatspace,” as distinct from the online world of cyberspace. Litigation does not observe that distinction. Disputes about personal jurisdiction often ask a court to review the interaction between the physical and online worlds. The Dallas Court of Appeals recently reviewed the current state of that important law in Shopstyle, Inc. & Popsugar, Inc. v. rewardStyle, Inc.

July 28, 2020 David Coale

Bet the Business, Lose the Business

The start of Judge Andrew Oldham’s opinion in Hewlett-Packard Co. v. Quanta Storage captures the essence of high-stakes litigation. Faced with a major antitrust claim by Hewlett-Packard, “Quanta risked bet-the-company litigation and lost, so the district court ordered it to hand over the company.”

June 10, 2020 David Coale

Economic Loss in a Time of Coronavirus: Fifth Circuit Case May Drive Future COVID-19 Business Tort Litigation

The Fifth Circuit recently confronted a classic “economic loss rule” problem under Texas law. While the case involved a dispute about the operation of a power turbine, the legal framework described by Golden Spread could easily set the ground rules for future business tort litigation arising from the COVID-19 crisis.

April 10, 2020 David Coale

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Features

  • Shell US Lawyers Adam MacLuckie and Huyen Luong Have a ‘Need to be an Ally’ - Adam MacLuckie and Huyen Luong led the Shell US Legal DEI Council during a pivotal time, fostering open dialogue and community through their “Let’s Talk About It” campaign as the company returned to in-person work post-pandemic and amid a nationwide reckoning with racism. Drawing from their personal backgrounds – Luong’s journey from post-war Vietnam and MacLuckie’s lifelong path to allyship – they built inclusive, two-way engagement that increased participation and trust. Their efforts earned them the 2025 Houston Corporate Counsel Award for Diversity and Inclusion.  May 20, 2025Krista Torralva
  • Baker Hughes’ ‘Fearless’ VP of Litigation: Teresa Garcia-Reyes  - Baker Hughes shifted from defendant to plaintiff in a years-long legal battle with LiquidPower Specialty Products, overcoming patent infringement claims through inter partes review while building a strong antitrust case. This strategy, spanning U.S. and Canadian courts and the Patent Office, enabled Baker Hughes to settle in December 2024 and clear the way for a new product launch. Vice President of Litigation Teresa Garcia-Reyes, who oversees about 80 attorneys, emphasized the high stakes involved. “We are an energy technology company, so we take IP cases and the effect that they have on the ability to market our products very seriously,” she said. “There was real money at stake here, and it had been going on for so long, that it was nice to drive this one to closure.” The Association of Corporate Counsel’s Houston Chapter and The Texas Lawbook congratulate Garcia-Reyes for being selected as one of two finalists for the 2025 Houston Corporate Counsel Award for Business Litigation of the Year. The awards ceremony is set for May 22 at the Four Seasons downtown. May 19, 2025Michelle Casady

GCs, Lawyers & Firms

  • Simpson Thacher Hires Project Finance Veteran - Fern Han spent more than 14 years at White & Case advising on large-scale infrastructure finance. Her hiring raises the STB Houston office headcount to 85 lawyers.
  • Womble Adds Veteran Biz Litigator in its Houston Office
  • Barnes & Thornburg Lands Veteran Louisiana Litigator for its Dallas Office
  • Condon Tobin Hires Team from Libby Sparks
  • Sorrels Law Launches Beaumont Office with Veteran Maritime Litigator David James
  • Sidley Strengthens Dallas Office by Hiring David Monteiro
  • SBSB Eastham Adds Veteran Trial Lawyer In Corpus Christi
  • Cheniere AGC Latest In-House Lawyer Going Back to Practice
  • Jackson Walker Hires Former Texas Supreme Court Chief Justice Nathan Hecht
  • Trade and Tariffs Specialist Joins V&E
More GCs, Lawyers & Firms

Lawyers in the News

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Reem Abdelrazik
Doug Bacon
Harry Beaudry
Jonathan Benloulou
Gene Besen
Doug Bland
Jacqui Bogucki
Vera De Brito de Gyarfas
David Buck
Nora Burke
T.J. Campbell
Wayne Chan
Michael Considine
Mogan Copher
James Cowen
Kevin Crews
Samantha Crispin
Dawud Crooms
Shamus Crosby
Clint Culpepper
Brock Degeyter
Nick Dhesi
William Eiland
Austin Elam
Miles Emery
Bill Finnegan
David Gail
Adam Garmezy
Sami Ghubril
Breen Haire
Kim Hicks
J. Dean Hinderliter
Nicole Islinger
James Johnston
Atma Kabad
John Kaercher
Erin Kaufman
Paul Kukish
Thomas Laughlin
Oscar Fernando Leija
Emily Lichtenheld
Rob Little
Ryan Logan
Bryan Loocke
Katy Lukaszewski
Ryan Lynch
Ryan Maierson
Benjamin J. Martin
Madeline McCune
Sean McFarlane
Richard McGee
Sarah McLean
Sameer Mohan
Andrew Monk
Charlie Ofner
Stephen Olson
Joe Orien
Zach Parker
John Pitts
Benjamin Potter
Brendan Quigley
Kevin Richardson
Alex Robertson
Jason Rocha
Julian Seiguer
Mark Sloan
Chad Smith
Lande Spottswood
John Stribling
Vanessa Sutherland
Tanner Sykes
Martha Todd
Michael Vardanian
Thomas Verity
Douglas Warner
Kyle Watson
Luke Weedon
John Wetwiska
Sean Wheeler
Debbie Yee

Firms in the News

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Akin
Baker Botts
Bracewell
Haynes Boone
Holland & Knight
Kirkland & Ellis
Latham & Watkins
Morgan Lewis
Pillsbury
Porter Hedges
Sheppard Mullin
Sidley
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V&E
Weil
White & Case
Willkie

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