Whether it be environmental disaster, a product defect or some other event, a company’s immediate response to a crisis can have a material impact on the outcome of any ensuing litigation or government investigation. Company counsel — both in-house and outside counsel — play a critical role in advising the company’s board and executives as they navigate these types of crises. This article outlines key considerations for counsel in dealing with crisis.
What Two Former Texas U.S. Attorney’s Office Heads Want Business Leaders to Know About DOJ Corporate Enforcement in 2025
The C-suite crowd seems to be letting out a collective sigh of relief at the dawn of a perceived era of decreased enforcement, while compliance officers worry aloud about their businesses moving resources to other parts of the company and letting up on their carefully cultivated “cultures of compliance.” We read the room differently, and we thought it important to share seven reasons why there has never been a more important time to keep your compliance frameworks in place and, if possible, provide even more resources to them.
Defamed by a Llama — Legal Consequences of AI-Generated Falsehoods
There are many ways to be defamed: verbal rumors, print news stories, television news stories and social media posts, just to name a few. But now — based on a newly filed lawsuit against Meta for its “Llama” AI program — we have to add “defamation by artificial intelligence” to our lexicon.
Federal Court Strikes Down FDA’s LDT Final Rule — Implications for Clinical Laboratories
On March 31, a pivotal ruling from the U.S. District Court for the Eastern District of Texas vacated the U.S. Food and Drug Administration’s final rule on laboratory developed tests. The ruling has far-reaching implications for laboratories, healthcare providers and patients.
Federal-Style CFIUS Review May Be Coming to Texas
On March 13, the Texas Legislature introduced HB 5007, which, if enacted, would establish the Texas Committee on Foreign Investment, the first U.S. state regime tasked with screening foreign investments on national security grounds. The proposed TCFI is not an entirely new idea; indeed, it closely mimics the responsibilities and purpose of its national regulatory counterpart, the Committee on Foreign Investment in the United States.
A Guide to the Texas Mechanic’s Lien Process for In-House Counsel and Business Litigators
Lawyers should understand the steps in the mechanic’s lien process so that they can prevent or resolve issues related to unpaid work that could expose the company to financial risks, like lien foreclosure or delays in project completion. Preventing or resolving these issues early can affect a company’s bottom line. With careful drafting, corporate in-house counsel and savvy business lawyers may be able to add lien release language into any construction contracts the company enters, thus avoiding potential financial risk and general legal exposure all together.
Texas Takes Aim at Delaware’s State of Incorporation Crown
Growing activism among Delaware courts, coupled with aggressive pro-relocation moves by the Texas Legislature, has contributed to the rise of a “DExit” movement, with businesses increasingly looking to move not only their headquarters, but their state of incorporation from Delaware to Texas.
AI Addenda — Navigating the Legal Landscape Across the Software Lifecycle
Legal professionals and organizations must adapt to the shifting landscape by addressing AI-related risks across contracting, implementation and operational phases. The growing need for AI addenda, encompassing everything from privacy and cybersecurity to data ownership and hallucinations, underscores the importance of a proactive and comprehensive approach to managing AI risks.
Texas Legislature Considers Entity Governance Legislation and Business Court Amendments
The 2025 Texas Legislature is considering a host of bills that relate to the governance of Texas entities. For lawyers who have a taste for entity governance issues, your mouths are probably salivating over the prospects of the Legislature passing several bills. In addition, an important bill that would amend various statutes relating to the Texas business court is also under consideration.
Business Court Update
It may be that no American court outside the United States Supreme Court has been more talked about over the last year than the Texas Business Court. The court opened its doors for business on Sept. 1, 2024, and received its first filing at 12:03 in the morning that same day. Since then, it has been off to a roaring start. As of this writing, more than 105 cases have been filed in the court, of which more than 75 are actively pending.