Scholars traditionally classify the statements in a judicial opinion as “holdings” (the reasons for a court’s decision) or “dicta” (additional discussion not necessary to the result, with varying precedential value depending on its thoroughness). But that distinction comes up short when applied to Fifth Circuit Judge James Ho’s recent concurrence in Defense Distributed v. Platkin. The concurrence—a courteous (though unenforceable) request to a district court in another circuit—is an unusual jurisprudential addition to the patchworks of holding and dicta that ordinarily fill the Federal Reporter.
Texas Supreme Court Term Preview: Key Business Cases
Business cases involving noneconomic damages, force majeure, TCPA, arbitration, class actions, oil and gas, insurance and ERCOT are on the docket at the Texas Supreme Court this term.
Deconstructing Texas’ Covenants Not to Compete Act
There remains a minefield of issues that can drastically impact the enforcement of noncompete covenants. This article highlights several key issues that practitioners should be mindful of under Texas’ Covenants Not to Compete Act.
State Attorneys General Poised to Elevate Regulatory Scrutiny of Digital Asset Businesses
This article explores why state attorneys general are poised to elevate the regulatory scrutiny of digital asset businesses.
Nationwide Permit 12 in the Crosshairs (Again), and Texas Energy and Infrastructure Projects Hang in the Balance
The Edison Electric Institute, which represents investor-owned electric companies, recently warned that environmentalists’ challenge to a Clean Water Act dredge-and-fill general permit for oil and gas pipelines is not just a threat to efficient permitting for those projects but could hinder the validity of similar permits for other sectors.
The court’s holding in the underlying case challenging the nationwide permit has the potential to significantly impact energy sector projects in Texas.
Initial Strategy and Attorney To-Do List in Departing Employee Cases
This article covers what attorneys, from the perspective of the former employer’s counsel, should consider when developing their initial case strategies and possible action items in connection with them.
The Race to Invest in Startups Creating Disruptive Technologies Continues at an Unprecedented Pace
More and more corporations – both private and public – are investing in startups as a form of external innovation. Last year corporates participated in $144.5 billion in venture capital investments in the U.S., doubling the amount deployed in 2020, according to Pitchbook. This article examines the reasons behind this historic deal-making environment and looks ahead to potential headwinds.
NAESB Force Majeure Provisions After Winter Storm Uri: Key Considerations for Legal Departments
Last year saw a flurry of litigation in Texas state and federal courts arising from the February 2021 extreme cold weather event known as Winter Storm Uri and whether it constituted a force majeure event under the terms of natural gas contracts. With the one-year anniversary of Winter Storm Uri upon us, and with many of these cases still winding their way through the courts, prudent players within the natural gas supply chain should conduct a review of their natural gas contracts to prepare for future adverse weather events. There are key considerations legal departments in the natural gas sector must consider when reviewing their company’s NAESB contracts.
Boosting Your Self-confidence When the Pandemic Takes its Toll
Last night I came to the realization that my self-confidence has been shaken. It wasn’t one event or circumstance. It was gradually over time … pandemic time. I realized that my professional self-confidence is only a glimmer of what it was pre-COVID. Like the frog in the boiling pot analogy, I didn’t even realize what was happening.
This is how I began a recent post on LinkedIn. The reverberations caused by this social media post taught me valuable lessons I share in this article.
Healthcare Prime: The Ascension of Telemedicine
This article looks at the rise of telehealth and telemedicine in the health care industry and how this increase might affect the future of the health care industry and related investor activity in the sector.