Gray Reed & McGraw, P.C.

1601 Elm Street Suite 4600
Dallas, Texas 75201, United States

Contact: Michael Blachly

  • (214) 237-6370

Trespassers – Can You Shoot ‘Em?

Under the law, anyone who enters your property is an invitee, licensee or a trespasser. You can summon an invitee, like a pizza delivery driver. An invitee generally enters the property for the parties’ mutual benefit – usually…more
| Criminal Law, Personal Injury

Freedom to Contract Prevails in New Mexico

Is freedom to contract a good thing for everybody? First Baptist Church of Roswell v. Yates Petroleum Corp. says yes, and confirms that the public policy in New Mexico is freedom to contract. In this case, it was to avoid the…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Energy & Utilities

Employment Law 101: Worksite Lactation Breaks

According to the Patient Protection and Affordable Care Act, all employers with more than 50 employees nationwide are required to comply. Employers with less than 50 employees may not comply if it would be an undue hardship…more
| Civil Rights, Labor & Employment Law

Weighing in – 1.2 Billion Usernames and Passwords. What, Me Worry About CyberSecurity?

Last month one of our lead articles was Cyber Security: Forewarned is Fair-Warned. Last week the New York Times published an article reporting that at least 1.2 billion usernames and passwords were hacked by a Russian…more
| Commercial Law & Contracts, Privacy, Science, Computers, & Technology

Lawsuits Against Social Media Sites Rarely a Good Idea – This One Probably Isn’t Either

A Houston area woman has sued Facebook asking for $123 million because Facebook was slow to take down a fake a profile created by her ex-boyfriend with pornographic images. The plaintiff sued Facebook and the ex-boyfriend…more
| Commercial Law & Contracts, Communications & Media Law, Personal Injury, Privacy, Science, Computers, & Technology

In Wyoming, a Higher Burden for Chemical Disclosure Exemption?

In Powder River Basin Resource Council v. Wyoming Oil and Gas Conservation Commission, the Wyoming Supreme Court held that the Wyoming Oil and Gas Conservation Commission has the burden of justifying the use of trade secrets…more
| Civil Procedure, Energy & Utilities, Environmental Law, Intellectual Property

How to Enforce Terms of Service for Online Social Media Promotions and Contests

General Mills incurred blowback on social media earlier this year when it was suggested the company sought releases for all claims whatsoever from anyone who visited the company Facebook page. The truth, as always, was not as…more
| Commercial Law & Contracts, Communications & Media Law

Losing My Religion: Do I Want to Know My Employee’s Beliefs?

The Fifth Circuit Court of Appeals recently updated employees’ guide to southern manners. Don’t worry, employees should still say “yes ma’am” and “no ma’am.” But you know the old saying that you should never discuss politics or…more
| Civil Rights, Labor & Employment Law

CO2 is Good

In French vs. Occidental Permian, Ltd. the Texas Supreme Court held that costs associated with injection of carbon dioxide into a reservoir in a tertiary recovery operation were properly deducted from royalties. This case…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Energy & Utilities, Real Estate - Residential

Requirements for Alimony – Can it be a good thing?

Divorce is messy, divorce is costly – and it should be avoided wherever possible. Spouses should always attempt to mitigate their losses and one way to do this is to consider designing the divorce settlement to include alimony…more
| Family Law

Using Images Without Permission is No Monkey Business

Who owns the rights to a selfie taken by a monkey? While it sounds like a law school exam, it is based on a real story as reported here by the American Bar Association. According to the article, a monkey picked up the…more
| Art, Entertainment, & Sports Law, Communications & Media Law, Intellectual Property

Treachery of the Untrustworthy Trustee

In 2006, Fred Houston created the Fred L. Houston Trust and placed into it the Tenneco lease, which had been producing since 1974. Ms. Williams was the trustee. The trust instrument declared the trust “… irrevocable and may not…more
| Commercial Law & Contracts, Energy & Utilities, Wills, Trusts, & Estate Planning

IRS Takes Money From Dead Mom to Pay For Son’s Tax Debt

Most people have some strong feelings about how they want their assets to be distributed upon their death. Some want to give their money to their kids, others are charitably inclined. However, I would guess that very few would…more
| Taxation, Wills, Trusts, & Estate Planning

Employment Law 101: Pregnancy Discrimination

What is the issue: Title VII was passed in the 1960’s to protect against discrimination based on race, color, religion, sex or national origin. Since that time, other laws have been passed adding protection against…more
| Civil Rights, Labor & Employment Law

Rumsfeld, Morrison and the Discovery Rule in Texas

In August 1999, Brock and Tipton signed a Farm and Ranch Contract by which Tipton would acquire 519 acres in Montague County. (Lots of Brocks were parties to the contracts and the suit. I refer to them as one for convenience.)…more
| Civil Procedure, Commercial Law & Contracts, Energy & Utilities, Real Estate - Residential
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