Gray Reed & McGraw

Oh, My Website Has to be ADA Compliant. Wait, What?!?!?

Dr. Nole Specs created a website for his successful optometry practice. Over the holidays, Dr. Specs received a threatening letter from Mo Dougherty, a plaintiff’s lawyer. Dougherty’s letter claims Specs’ website is not ADA…more
| Civil Rights, Communications & Media Law

It’s Now Easier To Be a Common Carrier Pipeline in Texas

We now know what it takes to establish common carrier pipeline status in Texas. According to the Texas Supreme Court in Denbury Green Pipeline Texas LLC v. Texas Rice Land Partners Ltd., all that is required is a reasonable…more
| Civil Procedure, Energy & Utilities

The Constructive Notice Doctrine in Action

Today’s “pay attention” edition begins with a quiz. What is the most important thing to read carefully: a. Speed limit sign in small-town (insert name of Southern state). b. Itinerary for that dream vacation, the one…more
| Commercial Law & Contracts, Energy & Utilities

2016 – A Bad Year For Bad Guys in Energy

Let’s look back at a cavalcade of crooks, criminals and miscreants who met up with justice in 2016. We do it to be reminded of the others who will be lurking in the 2017 shadows…more
| Commercial Law & Contracts, Criminal Law, Energy & Utilities, Securities Law, Taxation

Landmen as Independent Contractors: Is the government’s voluntary settlement program too good to pass up?

The days of the lone landman driving around the back roads taking leases and visiting courthouses are becoming a thing of the past. Though there are still a few independent landmen who fit this mold, clients have demanded change…more
| Labor & Employment Law

Have You Reviewed Your Lease Maintenance Processes Lately?

You might conclude that the but-for-the-grace-of-God-that-could-be-me nightmare presented in In re: RPH Capital Partners is instructive only for lawyers. If so, you would be mistaken. The lesson: If you want to win the lawsuit,…more
| Civil Procedure, Commercial Law & Contracts, Energy & Utilities, Real Estate - Residential

TXO v. Vela Remembered in a Gas Royalty Case

Westport Oil & Gas Company, L.P. v. Mecom et al. presented this question: Was the lease royalty based on a gas purchase agreement formula or on the royalty clauses’s market value at the well provision? Spoiler alert:…more
| Commercial Law & Contracts, Energy & Utilities, Real Estate - Residential

AirBNB & VRBO: Do My Neighbors Have a Say?

Following his transfer to Houston, Ruel Benda decided to keep his posh gated neighborhood Rodeo Drive house and started advertising it on AirBNB. His profits were so good that he began renting for 7 days or less. Insisting that…more
| Communications & Media Law, Real Estate - Residential, Taxation

Your Business Plan Will Sell Your Business

This is the last installment of a series discussing potential pitfalls relating to selling your business. Recently Tilting the Scales highlighted Successfully Selling Your Business: Top 6 Potential Pitfalls; So You Might Sell…more
| Business Organizations, Mergers & Acquisitions

Your Louisiana Override – Where Does it Come From?

It’s a multiple choice question: a. The royalty interest reserved by the lessor. b. The drillbit, courtesy of fearless, risk-taking entrepreneurs, the backbone of the great American free enterprise system and the…more
| Commercial Law & Contracts, Energy & Utilities

Arbitration in Louisiana – Another Budding Romance?

Are Louisiana courts as enamored with arbitration as their Texas counterparts? Looks like it. East of the Sabine, submitting your dispute to arbitration means you are pretty much saying adieu, farewell and bye-bye to a judicial…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Energy & Utilities

The Rule Against Perpetuities is Alive and Enforceable in Oklahoma

Today we venture into Oklahoma, to be instructed on the Supreme Court’s treatment of the Rule Against Perpetuities. First, the Rule: No property interest is good unless it must vest, if all, not later than 21 years after some…more
| Business Torts, Commercial Law & Contracts, Energy & Utilities, Real Estate - Residential

New Overtime Regulations Frozen – to Death? What You Need to Know About the Overtime Rule Injunction Issued Nov. 22, 2016

On March 13, 2014, President Barack Obama issued a presidential memorandum directing the Secretary of Labor to “modernize and streamline the existing overtime regulations”. The Department of Labor (DOL) took action and, in new…more
| Civil Procedure, Civil Remedies, Labor & Employment Law

Selling Your Business: Top 5 Critical Deal Points

This is the fifth installment of a series discussing potential pitfalls affecting the intended sale by JR and Sue Ellen Pawlenty of their business Pawlenty Energy. Recently Tilting the Scales highlighted Successfully Selling…more
| Business Organizations

Presidential Privilege? Why Presidents Can’t Escape Litigation in Office

Unless you’ve been living under a rock for the past three weeks, you know Donald Trump was elected the next President of the United States. You also probably know that some of Mr. Trump’s companies are defendants in various…more
| Civil Procedure, Elections & Politics
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Contact: Michael Blachly, Director of Client Development

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