A recent ruling by a Canadian court declared that an emoji can confirm the acceptance of a contract. This article addresses how this opinion might be applied under U.S./Texas law, implications beyond contract law and other emerging digital contracting issues.
Enforcement Imperialism or Applying Precedent? SEC’s NFT Enforcement Actions Reignite Digital Asset Debate
Overreach. Jurisdictional landgrab. Regulation by enforcement. These terms and expressions — and many more “colorful” turns of phrase — are used by some to describe the Securities and Exchange Commission’s approach to enforcement at the intersection of digital assets and the federal securities laws. The SEC has repeatedly rejected such claims and has yet to act upon industry calls for increased clarity and guidance.
But it is the SEC’s most recent enforcement actions — its first two cases involving nonfungible tokens — that have yet again brought forth the SEC’s critics. What should we make of these first-of-their-kind enforcement actions? Doesn’t the lack of fungibility of NFTs move these tokens outside the SEC’s jurisdictional reach, making this the latest example of overreach? Or are these matters simply the latest actions in line with the SEC’s longstanding enforcement approach?
Texas Enhances Permissive Appeals by Requiring Explanation for Denials and Expanding Supreme Court Review
The Texas Supreme Court has unveiled a change to Texas Rule of Appellate Procedure 28.3 to implement recent legislation requiring the state’s 14 intermediate appellate courts to explain themselves when denying petitions for permissive appeal. The amendment increases the importance of permissive appeals in Texas and will enhance their ability to impact outcomes in civil litigation.
Preparation Privilege: How the Bar Exam Amplifies Racial and Economic Disparities in the Legal Profession
The bar exam is a rite of passage for would-be attorneys looking to enter the legal profession. While its stated purpose is important — ensuring that new lawyers are equipped to represent their clients — the uncomfortable truth is that the bar exam often operates as a “test of resources” rather than one of competence. Indeed, many states are exploring alternatives to the bar exam.
Expansion of Environmental Justice and Title VI Scrutiny Raises New Questions for Heavy Industry Projects in Texas
Increasing scrutiny around EJ impacts of infrastructure projects and permitting at the federal and state level could have massive impacts for industry in the form of permit delay and even denial where EJ impacts are identified and not adequately addressed. Companies in Texas should consider EJ impacts more systematically through their project planning processes to be prepared for increased scrutiny, inquiry and potential investigation around the impacts to surrounding communities and the demographic makeup of those communities.
Which State Leads the Way? A Comparison of Data Privacy Laws in Texas and California
The absence of comprehensive federal privacy regulation in the United States has created an open field for states to take the lead in addressing individual data protection and privacy rights. The first state to take the field was California. More recently, Texas joined the game by passing the Texas Data Privacy and Security Act. While both California’s and Texas’ laws share the common goal of safeguarding personal information and empowering consumers with new data rights, there are some significant differences in scope and coverage.
This article examines the key aspects of both privacy laws, illuminating their similarities, differences and their expected impacts.
A New Delaware? Texas Passes Legislation for Specialized Business Courts
Similar to the commercial court systems that exist in Delaware and New York, Texas’s business court system will provide a dedicated court system of commercially-focused judges to move high-dollar business disputes efficiently through the judicial system. This article summarizes key aspects of the legislation, including what types of disputes won’t go to business court.
Expert Voices: ‘Dear GC, You May Need to Amend Your Form Natural Gas Contracts’
The Uniform Commercial Code — in all its forms — tells us that the increased or unforeseen cost of selling a good alone does not excuse performance. After all, a rise in prices or the collapse of a given market is no justification, the UCC states, “for that is exactly the type of business risk which business contracts made at fixed prices are intended to cover.” But recent case law puts a finer point on the issue and may require lawyers to refine their form natural gas purchase and supply contracts to redefine force majeure in certain circumstances.
Blazing a Trail for Women in STEM — and the Law
There is undeniable momentum for women attorneys, which is good news, indeed. Instead of one token female at counsel’s table, there are women in numbers on both sides of the aisle. But there is still a ways to go, particularly in intellectual property law, where my engineering background and gender still make me something of a rarity.
Five Tips Female Attorneys Need to Hear Today (And Every Day) to Thrive in Sports Law
We’ve come a long way in women’s collegiate sports, and I’ve enjoyed seeing similar strides for women in sports and entertainment law. Today, there are so many more exciting opportunities. Women are handling sports-related litigation, negotiating the next big sports contract or serving as general counsel or chief legal officer. Here are my five tips for female attorneys interested in pursuing a career in sports law.