Year two of the pandemic brought a gradual return to “normal” operations at the Texas Supreme Court and Fifth Circuit. Virtual arguments – in many cases – transitioned to in-person oral arguments. The Fifth Circuit issued important guidance on certifying FLSA collective actions, rejected the so-called fraudulent misjoinder doctrine and clarified standards for federal jurisdiction in the arbitration context. The Texas Supreme Court issued key contract formation cases, refined the standards for determining when courts and agencies have jurisdiction to decide tort claims in the electric-power context and provided guidance on key procedural questions under the TCPA. The Haynes and Boone appellate team has full details.
Capital Markets Will Power the Energy Evolution
The world is embarking on what may be one of the greatest transformations since the Industrial Revolution, and it is a good bet Texas will have a role to play.
Continued Uncertainty About Eviction Regulations in Texas
While there has been a focus on how eviction protections impact residential tenants, commercial landlords who own multifamily or mixed-use projects must be informed of current restrictions and procedures to understand the implications of evicting residential tenants. This article summarizes our path to this point, the current situation and the future for evictions in Texas.
It’s Up to You! Leadership Lessons from the Ancients for GCs Today
The lessons of the ancients are as fresh and relevant today as they were thousands of years ago, perhaps even more-so as we face similar challenges brought on by war, pandemics (plagues), weather or social and political upheaval. Especially instructive for a general counsel today are the enduring leadership lessons of Alexander III (the Great) of Macedon, Marcus Aurelius of Rome, Socrates of Greece and Confucius of China.
SEC’s Recent Enforcement Actions a Sign of Increased Scrutiny of SPACs
Calls for heightened scrutiny of an emerging alternative to IPOs for going public include recent calls for scrutiny of a SPAC deal involving a media company controlled by former President Trump and a high profile action from the SEC’s Fort Worth Regional Office.
After the Storm: PUC Adopts New Winter Weatherization Rules for Generators and TSPs
In the aftermath of Winter Storm Uri, the Texas Legislature passed SB 3, which among other things required the PUC to adopt certain market-related rules. A key component of the law required the commission to adopt weatherization rules no later than Dec. 1. This new rule will require both power generation companies and transmission service providers to quickly assess a company’s ability to comply with the new rule or navigate the potentially treacherous waters of a good cause exception for noncompliance. But it also means GCs at Texas energy companies have some decisions to make.
Virtual Presentations: Please Stand Up
There are lots of helpful suggestions out there to improve virtual presentations, such as how to achieve better lighting or how to make the surrounding room less distracting. One thing in particular has made a huge difference in the professionalism of my Zoom hearings and client meetings: Try standing up.
A Look at Mediation Today: In the Room, Via Zoom and the Advent of Hybrid Proceedings
Out of the chaos of the pandemic, the dispute resolution processes were retooled and reborn as virtual mediation. This generated undeniable advantages. And now the advent of a hybrid model carries with it the best features of both in-person and virtual. JAMS’ Cecilia Morgan explains.
CCS Initiative Uses Carbon Accounting and Verification Standards to Boost Low-Carbon Energy Investments
Northern Lights, TotalEnergies, Oxy Low Carbon Ventures, South Pole, Perspectives and Carbon Finance Labs launched a new carbon market initiative this summer to scale-up carbon capture and storage solutions. This article discusses the initiative’s purpose, and related developments that underscore a rapidly developing demand for low-carbon products.
Texas Significantly Expands Employer and Employee Liability for Sexual Harassment
An overarching theme in the revisions to the Labor Code in Senate Bill 45, signed May 30 by Gov. Greg Abbott and effective Sept. 1, is that employers must take reasonable steps to prevent harassment and immediately act when harassment is known or reported. This article elaborates on the key changes and practical implications for employers.