While lawyers continue to adjust to practice during the pandemic, it is increasingly clear that certain new ways of doing things will become standard when we return to working in person. This includes remote witness testimony. Remote practice has exposed a heightened risk of unethical behavior, including undisclosed communications between the witness and counsel mid-testimony in violation of controlling federal and Texas law. Because it is harder to uncover such misconduct in a remote setting, counsel should take necessary steps to manage these risks effectively and efficiently.
Bill and Melinda Gates – The Really Rich Really Are Different
Unlike the Hollywood divorce, where the high-profile divorce lawyers feed the publicity machine, that’s not the case with the Bill and Melinda Gates divorce. The lawyers for both sides are really good and really discreet. And If you are counting on the tabloids to inform you, just remember this: THE REALLY RICH ARE REALLY DIFFERENT.
Virtual Mediations and Patent Litigation: Lessons Learned and Best Practices
Mediation has always been an important part of patent litigation – especially in the Eastern District of Texas. Because of the Covid-19 pandemic, virtual mediations have become an important and successful way to resolve patent disputes. We have conducted or participated in more than 50 virtual patent mediations since the pandemic began, and these recommended best practices are based on our experiences over the past year.
Putting the Biden Executive Orders into Context – Potential Upstream and Downstream Impacts to the Midstream Industry
A series of Executive Orders (EOs) issued by President Biden during the first weeks of his Administration put the midstream industry on notice that government policy would be shifting to a renewed focus on climate change and environmental justice. Two Sidley partners describe the implications for industry.
Expertless Opinion: New Rankings – Baylor Soars Over Gonzaga
The new rankings are out. No, not college hoops. The much-maligned U.S. News and World Report lists only one Texas law school in the top 50, but four rank between No. 52 and No. 60. The biggest disappointment regards the UNT Dallas College of Law. The Texas Lawbook gives the ranking the serious examination that it deserves.
Returning to the Office in 2021: Key Safety Factors for Employers to Consider
New Polsinelli shareholder Jason Weber and Haven Diagnostics medical director Dr. Michael Gao look at the most recent scientific news and the impact of the approved vaccines and share their thinking about various practical and legal considerations that employers need to weigh when devising and implementing their office reopening plans.
Jim Rolfe: Remembering a Great Dallas Trial Lawyer
This story is about my friend and a mentor Jim Rolfe who died Feb. 26, 2021. Jim was larger than life and one of the best trial lawyers ever produced in Texas.
Key Considerations for a Texas Privacy Law
In 2020, California became the first US state to pass a comprehensive privacy law in the mold of the EU General Data Protection Regulation. More and more states appear ready to enact similar laws. Texas is no exception. To guide the 87th Legislature and prepare Texas general counsel for what is likely to come, this article examines the CCPA, the GDPR, and other comprehensive privacy laws to highlight four key considerations that the Legislature will likely take into account in drafting a comprehensive Texas privacy law. CORRECTION: Three edits have been made to this article.
The Door to Foreclosure Remains Open: The Appropriate Interplay Between Receivership and a Lender’s Right to Nonjudicial Trustee Sales in Texas
A large number of commercial loans expected to default in the near future could lead many lenders to put the subject properties into receivership. But, as Polsinelli shareholders Brett Anders and James Billingsley write, courts have not historically been very deferential to lenders’ subsequent requests to foreclose on those properties if needed. In this article, Anders and Billingsley say Texas-based lenders and their legal advisors need to be aware of this issue, and endeavor to nudge the courts towards a more deferential approach, relying on the guidance of First Southern.
Legal Departments: Doing More with Less
For any industry, what goes up must come down. We see this in the airline industry on a minute-by-minute basis as planes take off and land as scheduled. In 2020, COVID-19 brought radical and immediate changes to businesses and their legal departments. Like airlines, the key is to agree on a flight plan and bring everyone in for a soft landing.