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Texas Adopts Business Courts

Texas adopted legislation to create a business court. The bill fashioned the business court’s jurisdiction to disputes between businesses, and among businesses and their owners, directors and management. The statute focuses...more

Pulling the Trigger on Force Majeure: An Update from the Midstream Energy Perspective

Last month we provided a Locke Lord LLP QuickStudy outlining Texas law on force majeure in light of COVID-19 and the oil price war. While the price war may have reached a cease-fire, the pandemic and its effect on the global...more

How the AAA-ICDR® is Meeting the COVID-19 Challenge

As the COVID-19 rampage continues, all segments of society and industry are being affected, with the “new normal” requiring social distancing and online communications. Online platforms such as Skype, Microsoft Teams,...more

Conversion of Litigation to Arbitration: An Answer to Judicial Delay in the Time of COVID-19

Typically arbitration is commenced based on an arbitration clause contained in a contract executed months or years before the parties’ dispute arises. In other instances, once a dispute arises, the parties agree that the...more

Pulling the Trigger on Force Majeure: A Texan Perspective on COVID-19 and an Oil Price War

Force majeure is a doctrine that excuses performance under a contract when a supervening event prevents that performance. In recent days, COVID-19 has caused many executive and in-house lawyers to examine their contractual...more

United States to Allow Lawsuits Arising from Property Confiscated in Cuba

Beginning May 2, 2019, U.S. Nationals may bring lawsuits in the United States against traffickers in property confiscated by the Cuban government. During the Clinton Administration, the United States enacted the Cuban...more

Court Addresses Formation of Accidental Partnerships in Long-Awaited Enterprise v. Energy Transfer Appeal

The Dallas Court of Appeals yesterday issued its opinion in Enterprise Products Partners, L.P. v. Energy Transfer Partners, L.P. , in which the court reversed a judgment of more than $500,000,000 rendered after a jury...more

False Financial Statements Not Always Actionable

A Houston federal court recently held that neither an oil and gas company nor two of its directors were liable for federal securities fraud—and were not liable to shareholders—even though the company issued annual financial...more

Cyber Attacks Continue to Grow and Evolve

Cyber criminals continue to prey on websites with unpatched vulnerabilities and ill-protected point of sale (POS) systems to steal credentials such as personal data, credit card numbers and bank account details. Common...more

Hackers Continue to Perpetrate Wire Transfer Fraud Scams on a Global Scale

An increasing number of businesses continue to be targeted by very sophisticated email scams designed to convince company employees responsible for executing financial transactions to wire funds to overseas accounts...more

Appealing an International Arbitration Award: Drafting the International Arbitration Clause, Part 4 of 4

It is generally accepted that an international arbitration award is final and binding. Unlike a court judgment that can be appealed for factual and legal review, an arbitration award typically can only be challenged based on...more

Rules for Appointing an Emergency Arbitrator: Drafting the International Arbitration Clause, Part 3 of 4

It has long been the accepted norm in international arbitration that an arbitral tribunal has the jurisdiction to order interim measures relating to the subject matter of the dispute. It also has been long accepted that a...more

Arbitrator Selection in Multiparty Disputes

Many people believe that appointing an arbitrator is the most critical decision during an arbitration. In the “typical” two-party arbitration, this objective is easily met either by choosing rules that provide for direct...more

Drafting the International Arbitration Clause

In too many transactions, the dispute resolution clause is treated as mere boilerplate. In fact, dispute resolution clauses present an opportunity for lawyers to add significant value to their clients’ transactions. Giving...more

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