The Texas Lawbook

Free Speech, Due Process and Trial by Jury

Expert Voices

How the COVID Experience is Transforming Juror Attitudes Toward Corporate Defendants and What Lawyers Can Do About It

The pandemic has left a lasting impact on society, particularly in shaping public perceptions of corporate America. Media coverage during COVID-19, often sensationalized and focused on corporate failures or profiteering, has influenced public narratives about corporations. These narratives were further amplified by social media, where individual experiences and opinions shape jurors’ preconceived notions long before they enter the courtroom.

How Meta’s $1.4B Settlement Impacts Your Obligations Under CUBI

The Texas Capture or Use of Biometric Identifier Act has been around since 2009, but it has been making headlines recently due to a $1.4 billion settlement between Meta Platforms and the Texas attorney general. Companies concerned about potential liability under CUBI should undertake a comprehensive review of what data they collect to ensure that they are treating biometric identifiers properly.

Business Court Clauses: Contracts Are Key to Securing Business Court Jurisdiction

Many people know that Texas’s new system of business courts opens in September. What they may not know is how, er, nuanced business court jurisdiction is. There are, however, two steps every company may take now to ensure they may invoke business court jurisdiction later. Of course, anyone wishing to avoid business court jurisdiction should simply apply Costanza’s razor and “do the opposite.”

Texas Law: New Business Courts Should Reject Prior Pending Cases

There have been reports of some confusion regarding whether cases pending in Texas state courts on Aug. 31 that otherwise satisfy the jurisdictional requirements of the Texas business court can be removed to the business court after it opens its doors on Sept. 1. The answer is clear. Attempts to remove these cases should be rejected by the business court.

The clear intent of HB19’s authors was that pending cases in Texas state courts should not be pulled and sent to the business court Sept. 1. With the small number of judges initially serving the business court, the limited history, precedent and resources of the business court when it opens, and the potential for constitutional challenge, it was recognized that the business court would not have the resources to respond to a possible avalanche of hundreds if not thousands of pending cases.

Proposed Anti-Money Laundering Rules and Other Requirements: Has the SEC Exceeded Its Authority in Regulating Private Funds?

In May, the Securities and Exchange Commission and the Financial Crimes Enforcement Network initiated rulemaking to enhance anti-money laundering compliance for certain SEC-Registered Investment Advisers and Exempt Reporting Advisers. The proposed rule was expected, following FinCEN’s February 2024 related notice that would add certain RIAs and ERAs as financial institutions subject to the Bank Secrecy Act. Taken in aggregate, these changes represent a new and more formalized regulatory wrapper for small funds, making compliance more prescriptive and resource-intensive. Recent decisions at the Fifth Circuit and the U.S. Supreme Court complicate matters further.

UK M&A Transactions: Key Considerations for US Buyers

Despite a general slowdown in global mergers and acquisitions activity in recent years, certain U.S. buyers have continued to target U.K. businesses and assets for acquisition. Interest in the U.K. M&A market has been further supported by its perceived safety in a global macro environment that appears increasingly challenging. This article highlights key considerations for a U.S. buyer interested in pursuing an M&A transaction in the U.K., with specific notes relevant to Texas business.

The SEC’s Evolving Enforcement Authority: From Courtroom to Administrative Proceedings

For more than a decade, the U.S. Securities and Exchange Commission has been able to bring enforcement actions in either federal court or the agency’s internal venue. Not anymore. The U.S. Supreme Court issued a pivotal ruling in SEC v. Jarkesy significantly curtailing the SEC’s ability to use its administrative proceedings to impose civil penalties for securities fraud. Instead, these cases must be tried in federal district court, where a defendant’s Seventh Amendment right to a civil jury trial is available. This decision not only alters the landscape for securities fraud enforcement but also signals potential broader implications for the enforcement powers of federal agencies across the government.

Coupled with a series of other recent rulings by the Court, this verdict adds to a body of law with potentially far-reaching implications for the enforcement powers of all federal agencies.

© Copyright 2025 The Texas Lawbook
The content on this website is protected under federal Copyright laws. Any use without the consent of The Texas Lawbook is prohibited.