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Free Speech, Due Process and Trial by Jury

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Janet Elliott

Janet has deep knowledge of Texas government, including the Texas Legislature and Texas Supreme Court. Her policy expertise includes public and higher education funding and policy, civil justice, pension and investment funds, and state budget. Janet's news media career has also included stops at the Houston Chronicle, The Wall Street Journal and Texas Lawyer.

Trade Secrets Case Offers a Roadmap on Preemption, Jury Charges

The lawyer who represents a dozen former DNOW employees said a recent opinion by the Fourteenth Court of Appeals reversed a significant trial award and reshapes the legal landscape in Texas for trade secret and fiduciary duty claims. The appeal resulted in more than $2 million in attorneys’ fees and costs for the ex-employees, who were accused of conspiring to steal DNOW’s trade secrets.

July 31, 2025 Janet Elliott

Lease Operator Owns ‘Produced Water,’ SCOTX Says

The Texas Supreme Court addressed ownership of “produced water,” an oilfield byproduct made increasingly valuable by new treatment methods. Absent a specific conveyance, the court said in a closely watched case, a surface estate does not retain ownership of the water separated from hydrocarbons during hydraulic fracturing operations.

June 27, 2025 Janet Elliott

No Texas Jurisdiction Over Foreign Airplane Engine Maker, SCOTX Says

The Texas Supreme Court dismissed a lawsuit from a woman who was severely injured in a small plane crash in North Texas. The court found that she failed to produce evidence that the Austrian manufacturer of the plane’s engine specifically intended its product to enter the Texas stream of commerce.

June 20, 2025 Janet Elliott

Legislation Aims to Boost Texas as a Friendly Place to Incorporate and Settle Disputes

A new law makes it more difficult for shareholders to challenge corporate decisions through litigation. A second bill headed to the governor’s desk would enhance the fledgling Texas Business Court’s authority, although lawmakers decided for now against expanding the system to rural Texas. (Photo by Ricardo Garza)

June 4, 2025 Janet Elliott

Legislature Revives 25% Judicial Pay Hike After Frantic Negotiations

A longstanding statutory link between judicial pay and legislative pensions almost derailed a bill to increase district court judges’ salaries. Last-minute negotiations between the House and Senate led to an agreement to end the link by 2030. (File photo of Texas House Rep. Jeff Leach by Tony Gutierrez/AP)

June 3, 2025 Janet Elliott

SCOTX Reverses Negligence Verdict in Harvey Flooding Case

Chief Justice Jimmy Blacklock highlighted deficiencies in the plaintiffs’ expert testimony on the question of whether a pipe fabrication plant’s drainage system contributed to flooding of 30 homes in Matagorda County.

May 23, 2025 Janet Elliott

Q&A with Lobbyist Amy Bresnen

Amy Bresnen began working at the Texas Capitol in the 2000s as a grunt in the army of college-age students that runs on Red Bull and ambition to complete the behind-the-scenes work critical to each session. The Texas Lawbook recently sat down with Bresnen in a quiet corner of the Capitol cafeteria to discuss her work.

May 15, 2025 Janet Elliott

House Bill Would Alter Attorney Fee Structure of Anti-SLAPP Law

A defamation lawsuit against Rep. Jeff Leach took center stage during a Texas House committee hearing on the Texas Citizens Participation Act. Lawmakers are struggling to address abuses of the popular law while still maintaining its protections for Texans exercising their First Amendment rights.

April 25, 2025 Janet Elliott

Bill to Limit Medical Cost Damages in Tort Cases Advances

Senators broke along party lines in advancing legislation to stop “nuclear verdicts.” Senate Bill 30 would limit recoverable medical expenses to 300 percent of Medicare rates, adjusted for inflation. Supporters said the bill is needed to bring down insurance rates, while critics said it would remove discretion from judges and juries to make decisions on facts in individual cases.

April 17, 2025 Janet Elliott

Anti-SLAPP Law’s Automatic Stay Under Fire at Capitol

The Texas Citizens Participation Act has helped media defendants and public advocates fight meritless lawsuits aimed at intimidating them into silence. Now, legislators are reviewing the anti-SLAPP law’s automatic stay of trial proceedings during an interlocutory appeal of a motion to dismiss. Critics of the 2011 law say it is too broadly written, allowing unscrupulous defendants to delay cases that have nothing to do with free speech. The high-stakes battle is playing out at the Capitol where supporters from across the political landscape face off against powerful business interests — with observers wondering if a compromise is possible.

March 25, 2025 Janet Elliott

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Features

  • My Five Favorite Books: Kelly Turner (Vice President & Senior Legal Director at Goldman Sachs) - After a very long hiatus from reading, I got back to it in 2023. In 2024, I finished 95 books. So far in 2025, I am up to 88 books. I am going to limit this list to books I have finished in the past two years. As you will see, I enjoy a wide range of genres. I hope you find your next great read!

    Editor’s note: The Texas Lawbook is pleased to offer this new column in partnership with Texas-based Half Price Books sharing our readers’ favorite reads.
    August 6, 2025Kelly Turner
  • Dallas Women Lawyers Documentary Earns State and National Awards  - A Law Unto Themselves: How Women Lawyers of Dallas Transformed Law and Community — Together is a film produced by Chelsea Hilliard and Kandace Walter, presidents of the Dallas Women Lawyers Association and the J.L. Turner Legal Association, respectively. The documentary chronicles the history of women attorneys in Dallas, highlighting how their pioneering efforts laid the groundwork for many of the city’s legal organizations and continue to shape the profession today. Since its premiere, the film has earned both state and national honors and is currently under consideration at film festivals across the U.S., Canada and Europe.  August 4, 2025Krista Torralva

GCs, Lawyers & Firms

  • Brandy Treadway Appointed CLO of Academy Sports and Outdoors - Treadway has significant experience in retail, having previously worked at JCPenney for a decade, where she ultimately became senior vice president, general counsel and secretary.
  • Bell Nunnally Bolsters IP Practice with Cheryl Leb
  • Holland & Knight Lands Healthcare Partner from K&S
  • Nachawati Law Group Launches New Practice Group
  • Northern District Civil Prosecutor Joins Vartabedian Hester & Haynes
  • Haynes Boone Welcomes Two-Time SCOTUS Clerk to Appellate Practice Groups
  • Thompson Coburn Adds Dallas Partner to its Real Estate Practice
  • Brink’s Recruits New CLO from 7-Eleven
  • Methodist Health Lawyer Moves to Serenity Healthcare to Be GC
  • IP Heavyweight Jeff Homrig Returns to Weil
More GCs, Lawyers & Firms

Lawyers in the News

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Barry Barnett
Wes Bearden
Emily Westridge Black
Michael Burke
Alicia Campbell
John Campbell
Madeleine Carpenter
Alexander Clark
Dawn Pittman Collins
Richard Finneran
Elizabeth Freeman
David Gail
Elizabeth Gibson
David Jones
Frank Lopez
Abbe Lowell
Neal Manne
Billy Marsh
Tom Melsheimer
Tasha Moser
Justin Nelson
Reed O'Connor
Kate Pennartz
John “J.” Pieratt
Danielle Reyes
Christopher Richardson
Randy Sorrels
Harry Susman
Larry Vincent
Victor Vital
Brent Walker
Matt Weybrecht
Melody Wilkinson
Alex Wolens

Firms in the News

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A&O Shearman
Bryan Cave
Cozen O'Connor
Haynes Boone
Holland & Knight
Jackson Walker
King & Spalding
Kirkland & Ellis
Law Office of Liz Freeman
Paul Hastings
Porter Hedges
Sorrels Law
Susman Godfrey
Toyota
Troutman Pepper Locke
Willkie
Vinson & Elkins
Weil
Winston & Strawn

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