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Texas Supreme Court Confirms Broad Scope of Anti-SLAPP Law

Back in late 2015, I wrote a five-part series on the Expanding Scope of the TCPA or Texas’ Anti-SLAPP law. The Supreme Court of Texas confirmed our analysis last week with its decision in the ExxonMobil v. Coleman confirming...more

The Law Behind the Hulk Hogan $140 Million Verdict Against Gawker

A few days ago, a jury in Florida awarded Hulk Hogan (real name Terry Bollea)  $140 million because Gawker posted a leaked sex video of the former wrestler. Rather than focus on the lurid details (which you can Google), let’s...more

The Law Behind the Apple vs. FBI iPhone Unlocking Debate

By now, you have probably read about how the FBI is asking Apple to create software that would help the FBI unlock the iPhone of one of the deceased San Bernadino attackers. You have probably heard the talking heads scream...more

Mizzou: A Personal Note on Racism, Firings and a Free Press

I have been watching the events at my alma mater that led to the resignation of MU System President Tim Wolfe and Chancellor R. Bowen Loftin from afar. While I had heard inklings of discontent, I had no idea it was at this...more

Texas Anti-SLAPP Law: The Expanding Scope of the Texas Citizen’s Participation Act – Part 5 (the conclusion)

To conclude the series, we look at one more opinion — Serafine v. Blunt, No. 03-12-00726-CV, 2015 WL 2061922 (Tex. App.—Austin May 1, 2015). This case dealt with a property dispute, but the real interest comes from the...more

Texas Anti-SLAPP Law: The Expanding Scope of the Texas Citizen’s Participation Act – Part 4 – A decision in Schlumberger, sort of

Since we published Part 3 that discussed the details of an interesting case here in Houston, Schlumberger v. Rutherford, the First Court of Appeals issued its opinion on Tuesday. The best description of the decision is a...more

Texas Anti-SLAPP Law: The Expanding Scope of the Texas Citizen’s Participation Act – Part 3

The basics of the Texas Anti-SLAPP law In part three we are going to deep dive into a specific case that has garnered a lot of attention-Schlumberger v. Rutherford which is currently on appeal to the Houston Court of...more

Texas Anti-SLAPP Law: The Expanding Scope of the Texas Citizen’s Participation Act – Part 1

The Texas Anti-SLAPP law is known as the Texas Citizens Participation Act (the “TCPA” found at Tex. Civ. Prac. & Rem. Code at § 27.001, et seq.). “If a legal action is based on, relates to, or is in response to a party’s...more

When Online Behavior Crosses The Line – The Law On Threats, Libel And Just Being Rude

A frequent question we get is what can we do about the online posting about me? Often times, the answer is not much. Lawyers can only help when the online conduct crosses the line into a cognizable cause of action. Figuring...more

Back From The Land Of Trial Mode: January Quicklinks

There has not been much activity on the blog because we have been engaged in a long copyright and misappropriation of trade secrets trial. So, we share with you some of the articles we have been reading, but just haven’t had...more

Facebook “Like” Is Protected First Amendment Speech

I don’t often make predictions on legal outcomes, so when I do and I get it right, it’s worth sharing. In May, we talked about whether “liking” a candidate would constitute protected speech under the First Amendment. A...more

9/24/2013  /  Facebook , First Amendment , Free Speech

Firing Employees For Their Social Media Content – First, Stop And Think [Audio]

Much has been written about whether you can fire someone for what they put on Facebook. Your gut reaction may be that surely if someone talks bad about the company, you can fire them. The National Relations Labor Board...more

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