Saying a lower court misconstrued its 2015 decision in Chesapeake Exploration v. Hyder, the Texas Supreme Court ruled unanimously that the deductibility of production costs from energy company royalties is a matter commanded by contractual language. Janet Elliott, who has followed the controversy, explains.
Navigating Trade Secret Misappropriation Claims After Berry-Helfand
Recent decisions by the Texas Supreme Court have clarified the burden on plaintiffs to produce concrete evidence supporting claims for damages in trade secret misappropriation cases. This article analyzes these cases and tries to predict their influence on future claims for trade secret misappropriation in Texas.
Two Former Texas Appellate Justices Announce Next Moves
Former Houston Court of Appeals Justice Bill Boyce has joined an appellate law boutique and ex-Dallas Court of Appeals Justice Jason Boatright has signed as a partner at a Fort Worth law firm.
SCOTX Hears Arguments Over Oysters
AUSTIN – When a navigation district leased out underwater acreage to an oyster farming business, the State of Texas took exception. Now their argument over leasing authority and oyster regulation has reached the Texas Supreme Court. Janet Elliott explains.
SCOTX Erects New Hurdle for Litigating Anonymous Defamation
When responding to anonymous online defamation, the first challenge a business faces is finding out the identity of the writer. The Texas Supreme Court recently added another potential snag to that process, holding that a Rule 202 petition does not toll a claim’s statute of limitations. Nicole Williams and Mackenzie Wallace of Thompson & Knight provide an analysis.
Fifth Circuit Refuses to Extend Protections to Transgender and Sexual Orientation under Title VII
Three federal circuit courts of appeals have ruled during the past two years that Title VII of the 1964 Civil Rights Act protects employees from discrimination based on sexual orientation and transgender status. The Fifth Circuit rejected the opportunity to join that trend Wednesday in a series of biting opinions.
Former Houston Appellate Judges Announce Their Next Moves
Two Houston judges who lost in the 2018 midterm elections announced Tuesday that they have landed at new firms. Natalie Posgate has the specifics.