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Litigatexas

Gina McCarthy, “You’re Fired!” Gina McCarthy, “You’re Fired!” December 2, 2016

How President Trump Will Rewind the Green Tape of Obamas Environmental Legacy

Hillary’s Homebrew Server and Lessons for Texas Open Government Hillary’s Homebrew Server and Lessons for Texas Open Government December 1, 2016

Illuminating the Shadows in the Texas Public Information Act

You’d Better Plan, Baby, Plan! You’d Better Plan, Baby, Plan! November 11, 2016

Texas is changing, and so is the way it regulates the oil and gas industry. Get ready. Its about to get a whole lot tougher to operate here.

Public Access to Government Contracts in Texas: High-Stakes Rock-Paper-Scissors? Public Access to Government Contracts in Texas: High-Stakes Rock-Paper-Scissors? October 27, 2016

As the Texas Supreme Court Was Limiting Public Access to Government Contracts in Boeing, the Texas Legislature Was Expanding It Through SB 20. Private businesses want to keep their proprietary information largely private, while the government wants to make its information mostly public. When those interests collide, the result can be messy and contentious—especially in […]

Texas Attorney General Opinion Requests: How to Advocate Effectively Texas Attorney General Opinion Requests: How to Advocate Effectively October 11, 2016

In a Game Without Rules, (Political) Players Can Drive the Process In some ways, the Texas Attorney General is a little like The United States Supreme Court. Actually, there are two United States Supreme Courts. One Court is frequently in the news, deciding controversial social issues that resolve, or sometimes create, decades-long political fights. The […]

Down Into the Ground Goes the Bubblin’ Crude Down Into the Ground Goes the Bubblin’ Crude September 14, 2016

The Texas Supreme Court will decide how long landowners can wait to sue oil and gas operators, and how much money will be at stake when they do. The Texas Supreme Court has agreed to review a case which presents issues that will grow increasingly important and common in the coming years: oil and gas […]

Don’t Mess with Texas Signs: Highway Beautification Does Not Mean Content Regulation Don’t Mess with Texas Signs: Highway Beautification Does Not Mean Content Regulation September 6, 2016

“In Reed’s wake, our principal issue here is not whether the Texas Highway Beautification Act’s outdoor-advertising regulations violate the First Amendment, but to what extent.” Last week, the Austin Court of Appeals—recognizing that Reed v. Town of Gilbert, 135 S. Ct. 2218 (2015) “arguably transformed First Amendment free-speech jurisprudence”—held that “certain provisions in Subchapters B […]

Corporate Miranda Warnings after the Great Recession: Corporate Miranda Warnings after the Great Recession: August 16, 2016

Should Officers and Employees be Informed of Their Right to Separate Counsel to Preserve the Corporation’s Privilege and Cooperation Credit? In The Big Short–the film adaptation of Michael Lewis’s best-selling book about the financial crisis–Brad Pitt, Ryan Gosling, and Steve Carell reveal the crimes and mistakes that brought the world to the brink of total […]

Setting a Hearing in Travis County (and Navigating the Local Rules) Setting a Hearing in Travis County (and Navigating the Local Rules) August 2, 2016

Travis County is a great venue for practicing law, particularly for young attorneys, anxious to get in the courtroom.  Travis County has a central docket system, and an uncontested docket every week day, aside from holidays.  That means it is (1) generally easy to obtain a hearing on a contested matter in fairly short order; […]

The Art of Data Breach Response and Protection The Art of Data Breach Response and Protection July 13, 2016

Having procedures to implement a response to a data breach is not optional, it’s the law. In Texas, businesses have to “implement and maintain reasonable procedures, including taking any appropriate corrective action” to protect sensitive personal information. However, that law—section 521.052 of the Texas Business and Commerce Code—does not reveal what “reasonable procedures” and “appropriate […]

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