Free Speech, Due Process and Trial by Jury
In its recent decision in K&K Inez Properties v. Kolle, Texas Supreme Court clarifies the required showing for a “responsible third party” designation. This article examines the holding and its implications for practitioners.
SpaceX's impending initial public offering — potentially the largest in history at a valuation exceeding $1.25 trillion — has generated extraordinary controversy among institutional investors, corporate governance scholars and securities regulators. What makes SpaceX different is not merely the scale of its offering or the celebrity of its founder, Elon Musk. Rather, the company is testing a proposition that cuts to the core of American securities law.
Earlier this year, a financial executive opened an AI chatbot to think through his legal exposure before calling his lawyers, then watched a federal judge hand all 31 of those documents to prosecutors.
The lesson looked clear. A Texas court has now complicated that lesson. Same conduct, two courts, opposite results. For Texas litigators, the gap between the two is worth understanding.
Careful AI use enhances both written and oral advocacy while creating opportunities for meaningful, impressive efficiency gains. The technology was breathtaking when I ran my first AI query and has rapidly improved since. Here are some practical lessons I have learned that are aimed at appellate practitioners but applicable to any litigation practice.
After a highly successful, productive and largely uncontroversial first 18 months, the burgeoning Texas Business Court recently faced its first constitutional challenge. This article analyzes the plaintiff's arguments and considers what will happen if the question ever reaches the Texas Supreme Court.
As the city has grown rapidly, this thriving business hub has seen increased complexity in legal disputes tied to technology, construction, energy, healthcare, and employment matters, just to name a few. With this increase, the use of alternative dispute resolution (ADR) services has also steadily risen. Fortunately, Austin has long enjoyed a sophisticated ADR marketplace, serving this expanding business community for approximately three decades.
In the counsel of many, there is wisdom.
That is a paraphrase of an Old Testament quote that I used in the opening of the securities class action we tried to a jury earlier this month in Judge Ed Kinkeade’s court in Dallas. It applied to our securities class action defense, which was rooted in the good faith efforts of the hard-working people of ExxonMobil. But it also applied to the trial team that won the case, a combination of firms and lawyers that came together to produce a winning result in a very rare circumstance where unexpected events intervened.
The paradox of modern complex litigation is that the cases we dream of trying almost never get tried — and the smaller cases that once trained generations of trial lawyers are rarely handled at large firms anymore. As a result, I recommend resisting the urge to ask, “Where should I go?” Try asking, “What else can I do?” That question has one uncomfortable but effective answer — take responsibility for building your own trial experience.
Even if the Securities and Exchange Commission gives public companies permission to report less often, will investors, analysts and lenders actually let them? That is the central question raised by the Commission’s May 5 proposal to allow U.S. public companies to replace quarterly Form 10-Q filings with semiannual reports on a new Form 10-S — the most significant proposed change to the periodic reporting framework since quarterly reporting became mandatory in 1970.
The corporate landscape in the United States is shifting as a growing number of companies are making the choice to “DEXIT.” This article looks at reasons shareholders are citing in SEC filings for making the decision to redomicile in Texas.
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