Jackson Walker

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Dallas, Texas 75202, United States

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Texas Supreme Court Upholds Gas Utility's Rate Schedule Containing a Cost of Service Adjustment Clause

On January 17, 2014, the Texas Supreme Court held that the Railroad Commission of Texas (the "Commission") has the authority to adopt a gas utility rate schedule providing for automatic annual adjustments based on increases or…more

Public Utilities Commission, Utilities Sector

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IP Litigation Insider

Eastern District of Texas Adopts Model Order for Focusing Patent Claims and Prior Art - On Tuesday, October 29, 2013, Chief District Judge Leonard Davis, on behalf of the Eastern District of Texas, adopted a model "Order…more

Patent Litigation, Patents, Prior Art

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Stacy Allen Speaks: Video Game Makers Strike Out In College Athlete Cases – Coaching Tips For The Virtual World

Over the past several years, I have written about a series of decisions in suits brought by former collegiate athletes against EA Sports and the NCAA, seeking compensation for the use of their likenesses and those of thousands…more

Athletes, College Athletes, Colleges, NCAA, Popular

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Texas Ninth Court of Appeals Issues Contrasting Opinions Addressing Pipeline Condemnation Authority

Recently, the Texas Court of Appeals for the Ninth District at Beaumont issued two contrasting opinions which provide guidance for the application of the Texas Supreme Court's 2012 decision in Texas Rice Land Partners, Ltd. v…more

Common Carriers, Keystone XL Pipeline, Liquid Natural Gas, Petroleum, Pipelines

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Supreme Court Rebukes EPA's Broad Interpretation Of Its Power To Regulate GHGs And Sends Message For EPA To Carefully Proceed With Its Ongoing GHG Programs

On June 23, 2014, the Supreme Court, in a 5–4 decision,1 affirmed in part and reversed in part the D.C. Circuit Court of Appeals' decision regarding the U.S. Environmental Protection Agency's ("EPA") greenhouse gas ("GHG")…more

Carbon Emissions, Clean Air Act, Environmental Policies, EPA, Greenhouse Gas Emissions

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Underdog or Underhanded: The Real Issues Behind Aereo

How do you prove someone is breaking the law, if the technology they are using to do so didn’t even exist when the law was written?…more

Aereo, Broadcasting, Cable Television Providers, Copyright, Copyright Infringement

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Railroad Commission Order Clarifies Scope of the Common Carrier Act

Last week, in a 3-0 decision, the Railroad Commission of Texas ("Railroad Commission") overturned a Hearings Examiner's interim ruling that the Common Carrier Act does not apply to a pipeline transporting ethylene. In a case of…more

Common Carriers, Railways

See All Updates »

HHS Proposes New Safe Harbor Rules, Revises Others

Last week the Department of Health & Human Services ("HHS") issued a proposed rule amending the safe harbor regulations promulgated under the federal Anti-Kickback Statute, 42 U.S.C. § 1320a-7b(b). The proposed rule would make…more

Anti-Kickback Statute, Healthcare, HHS, Safe Harbors

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Current Water Utility CCN Decertification Issues At The Public Utility Commission Of Texas

The responsibility for the regulation of water and sewer service, including the oversight of certificates of public convenience and necessity (“CCNs”), was recently transferred from the Texas Commission on Environmental Quality…more

Public Utilities Commission, Public Utility, Wastewater, Water

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Conflict Minerals: Dodd-Frank, the SEC's Rule...and Beyond

Designed to reduce funding sources for those perpetrating human rights abuses and engaging in armed conflict in the Democratic Republic of the Congo ("DRC") and adjoining countries, Section 1502 of the Dodd-Frank Wall Street…more

Conflict Mineral Rules, Consumer Protection Act, Dodd-Frank, SEC

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Standing: How Much Is A Ticket To The Dance?

The purpose of this article is to explain the concept of “standing” in probate and guardianship actions, to discuss how the topic should be raised, and to provide some specificexamples of situations where the standing of a…more

Estate Planning, Standing

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eDiscovery: Tips and Traps (Presentation)

•GHOST/MIRROR: Complete bit by bit copy of a drive. (Not just copying data; actually reproducing the hard drive.) •LEGACY: Information from older systems no longer actively supported and not easily…more

Data Retention, Discovery, Document Productions, Electronically Stored Information, Litigation Hold

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The A.R.T of Franchising Advice - Reminders - Tips - July 2013

National Franchise Expansion – Minimizing Risks - Many of my clients have implemented national expansion plans. By doing so, they have certainly increased their pool of prospective franchisees. However, expansion that…more

Business Development, Franchises, Marketing, Risk Management, Trademarks

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Managing Your Online Content and Website

A SURVEY OF PRIVACY, COPYRIGHT, AND TRADEMARK ISSUES - Today, even Elvis has a Facebook page, Instagram2 and Google+ accounts, a Twitter handle, a Pinterest board, and a mobile app. The Internet and the mobile electronic…more

Content Marketing, Copyright, Data-Sharing, Do Not Track, Entertainment Industry

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Reasonable Fee Issues for Fiduciaries on the Horizon

The Supreme Court is poised to address whether fiduciaries' decisions—especially in using fee sharing arrangements—are subject to deference when challenged. The Eighth and Ninth Circuit courts recently decided these issues,…more

Abuse of Discretion, Benefit Plan Sponsors, Employee Benefits, ERISA, Fee-Sharing

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Preparing for the 2014 Proxy Season - Process and Expectations

Annual Meeting Timeline: - Stockholder Proposals: ..Generally 120 days before the date on which the previous year’s proxy materials were mailed - Determine Proposal Inclusion/Exclusion: ..Procedural…more

No-Action Letters, Proxy Season, Proxy Voting Guidelines, SEC, Shareholders

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Important Patent Law Changes

The most significant changes in U.S. patent law since 1790 apply to patent applications filed after March 15, 2013. If you have any new inventions or improvements on old inventions that you are considering patenting, or…more

America Invents Act, First-to-File, First-to-Invent, Grace Period, Patent Reform

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Supreme Court Rebukes EPA's Broad Interpretation Of Its Power To Regulate GHGs And Sends Message For EPA To Carefully Proceed With Its Ongoing GHG Programs

On June 23, 2014, the Supreme Court, in a 5–4 decision,1 affirmed in part and reversed in part the D.C. Circuit Court of Appeals' decision regarding the U.S. Environmental Protection Agency's ("EPA") greenhouse gas ("GHG")…more

Carbon Emissions, Clean Air Act, Environmental Policies, EPA, Greenhouse Gas Emissions

See All Updates »

Managing Your Online Content and Website

A SURVEY OF PRIVACY, COPYRIGHT, AND TRADEMARK ISSUES - Today, even Elvis has a Facebook page, Instagram2 and Google+ accounts, a Twitter handle, a Pinterest board, and a mobile app. The Internet and the mobile electronic…more

Content Marketing, Copyright, Data-Sharing, Do Not Track, Entertainment Industry

See All Updates »

New Development Regarding Medicaid STAR+PLUS Network Provider Agreements for Texas Nursing Homes

Beginning this fall, Texas nursing home reimbursement will be converted to Medicaid Managed Care. In preparation for the Medicaid Managed Care rollout, Texas Managed Care Organizations ("MCOs") recently sent out network provider…more

Long-Term Care, Medicaid, Medical Reimbursement, Nursing Homes

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Navigating The Rocky Shoals Of Software Copyrights

Originally published in Chapter 17 of the State Bar of Texas - Advanced Intellectual Property Law. Contents: I. Introduction II. In Which Our Hero is Dashed on the Rocky Shoals of Software Coypright A…more

Android, Copyright, Derivative Works, Galoob, Google

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eDiscovery: Tips and Traps (Presentation)

•GHOST/MIRROR: Complete bit by bit copy of a drive. (Not just copying data; actually reproducing the hard drive.) •LEGACY: Information from older systems no longer actively supported and not easily…more

Data Retention, Discovery, Document Productions, Electronically Stored Information, Litigation Hold

See All Updates »

Reasonable Fee Issues for Fiduciaries on the Horizon

The Supreme Court is poised to address whether fiduciaries' decisions—especially in using fee sharing arrangements—are subject to deference when challenged. The Eighth and Ninth Circuit courts recently decided these issues,…more

Abuse of Discretion, Benefit Plan Sponsors, Employee Benefits, ERISA, Fee-Sharing

See All Updates »

A Tale of Equal Pay Laws to Come? How Two New Executive Actions for Federal Contractors Could Eventually Affect All Employers

On Tuesday, April 8, 2014, President Obama signed an Executive Order and a Presidential Memorandum that, according to the White House, are aimed at combating pay discrimination and strengthening the enforcement of equal pay for…more

Barack Obama, Equal Pay, Executive Orders, Federal Contractors, Pay Discrimination

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Aviation Flyer - Summer 2014

In This Issue: - Forum Non Conveniens - A Defendant’s Initial Impulse Could Be The Riskiest - Providing Information To Expert Witnesses: A Quick Guide To The Proper Procedures And Potential Pitfalls - Lennar…more

ADA, Aviation Industry, FAA, Forum, Forum Non Conveniens

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Hot Employment Topics for 2014 - Part I: The New World of Disabilities Discrimination

This is the first of a seven-part series describing "Hot Employment Topics for 2014." Part I focuses upon "The New World of Disabilities Discrimination."…more

ADAAA, Disability Discrimination, SCOTUS

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Current Water Utility CCN Decertification Issues At The Public Utility Commission Of Texas

The responsibility for the regulation of water and sewer service, including the oversight of certificates of public convenience and necessity (“CCNs”), was recently transferred from the Texas Commission on Environmental Quality…more

Public Utilities Commission, Public Utility, Wastewater, Water

See All Updates »

HHS Proposes New Safe Harbor Rules, Revises Others

Last week the Department of Health & Human Services ("HHS") issued a proposed rule amending the safe harbor regulations promulgated under the federal Anti-Kickback Statute, 42 U.S.C. § 1320a-7b(b). The proposed rule would make…more

Anti-Kickback Statute, Healthcare, HHS, Safe Harbors

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Hot Employment Topics For 2014 Part V: Use Of Arrests And Convictions In The Employment Process

This is the fifth of a seven-part series describing "Hot Employment Topics for 2014." Part V focuses upon "Use of Arrests and Convictions in the Employment Process." One hot topic in 2014 will be the issue of employer…more

Arrest, Background Checks, Ban the Box, Convictions, Criminal Background Checks

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Indemnification In M&A Transactions For Strict Liability Or Indemnitee Negligence: The Express Negligence Doctrine

The buyer of a privately-held business usually seeks to impose only on the seller (and often its owners) financial responsibility for breaches of representations and covenants in the acquisition agreement and for other specified…more

Breach of Contract, Express Negligence Doctrine, Indemnification, Negligence

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Railroad Commission Order Clarifies Scope of the Common Carrier Act

Last week, in a 3-0 decision, the Railroad Commission of Texas ("Railroad Commission") overturned a Hearings Examiner's interim ruling that the Common Carrier Act does not apply to a pipeline transporting ethylene. In a case of…more

Common Carriers, Railways

See All Updates »

eDiscovery: Tips and Traps (Presentation)

•GHOST/MIRROR: Complete bit by bit copy of a drive. (Not just copying data; actually reproducing the hard drive.) •LEGACY: Information from older systems no longer actively supported and not easily…more

Data Retention, Discovery, Document Productions, Electronically Stored Information, Litigation Hold

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Steve Fogle Speaks: Neely II vs. McIlvain

Since 1990, media law practitioners have cited the Texas Supreme Court's ruling in McIlvain v. Jacobs for the proposition that a media defendant's reporting of third–party allegations is substantially true if it accurately…more

Allegations, Common Law Privilege, Media, Third-Party

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Aviation Flyer - Spring 2013

In This Issue: - The United States Supreme Court’s Competing Guidance Regarding Personal Jurisdiction Over Foreign Manufacturers - Recent French Appeals Court Decision in Concorde Crash Step Forward Towards…more

Airplane Accidents, FAA, Foreign Corporations, Personal Jurisdiction, SCOTUS

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A Tale of Equal Pay Laws to Come? How Two New Executive Actions for Federal Contractors Could Eventually Affect All Employers

On Tuesday, April 8, 2014, President Obama signed an Executive Order and a Presidential Memorandum that, according to the White House, are aimed at combating pay discrimination and strengthening the enforcement of equal pay for…more

Barack Obama, Equal Pay, Executive Orders, Federal Contractors, Pay Discrimination

See All Updates »

Executive Order Requires State Agencies and State Contractors to Use E-Verify

On December 3, 2014, Texas Governor Rick Perry issued Executive Order No. RP-80, which requires state agencies and state contractors to use E-Verify. The Order imposes, as a condition of all state contracts for service, a…more

Audits, Contractors, DHS, E-Verify, Employer Liability Issues

See All Updates »

SEC Issues Guidance on Disclosures Made via Social Media

The Securities and Exchange Commission (the "SEC") recently issued a Report of Investigation (the "Report") in which it provides helpful guidance to public companies regarding their use of social media to disclose material…more

Disclosure Requirements, Form 8-K, Regulation FD, SEC, Social Media

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Ebola and the Workplace: What Employers Need To Know

In light of the Ebola virus outbreak abroad and the recent Ebola cases in the U.S., employers should be aware of the laws implicated in their treatment of employees. Though employment issues related to Ebola may appear to be…more

ADA, Best Management Practices, CDC, Ebola, Employer Liability Issues

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Hot Employment Topics For 2014-Part VI: Employees' Use Of Marijuana

This is the sixth of a seven-part series describing "Hot Employment Topics for 2014." Part VI focuses upon "Use of Marijuana in the Workplace." Recent publicity about the enactment of laws in several states legalizing the…more

Employer Liability Issues, Marijuana

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Federal Procedure Update - 2012

I. FEDERAL PROCEDURE - A. Overview of Article. The purpose of this article is to provide summaries and brief discussion of significant recent cases from the United States Supreme Court, the United States Circuit…more

Arbitration, AT&T Mobility, AT&T Mobility v Concepcion, Class Certification, Disclosure Requirements

See All Updates »

Aviation Flyer - Spring 2013

In This Issue: - The United States Supreme Court’s Competing Guidance Regarding Personal Jurisdiction Over Foreign Manufacturers - Recent French Appeals Court Decision in Concorde Crash Step Forward Towards…more

Airplane Accidents, FAA, Foreign Corporations, Personal Jurisdiction, SCOTUS

See All Updates »

Reasonable Fee Issues for Fiduciaries on the Horizon

The Supreme Court is poised to address whether fiduciaries' decisions—especially in using fee sharing arrangements—are subject to deference when challenged. The Eighth and Ninth Circuit courts recently decided these issues,…more

Abuse of Discretion, Benefit Plan Sponsors, Employee Benefits, ERISA, Fee-Sharing

See All Updates »

IRS Takes New Position on IRA 60-Day Rollover Rule: Bobrow v. Commissioner, T.C. Memo 2014-21

In light of its recent Tax Court victory in Bobrow v. Commissioner, the IRS is taking a tougher stance on a taxpayer's ability to make more than one tax-free/penalty-free IRA rollover per year. This change in policy will take…more

Income Taxes, IRA, IRA Rollovers, IRS

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Nancy Hamilton's Notes: 18½ Minutes vs. 2 Years: Then and Now

During the Watergate scandal of 1973 and 1974, which ultimately led to the resignation of President Richard Nixon, the Nixon White House tapes were the focal point of a media firestorm and the nation's rapt attention,…more

Audits, Email, Federal Records Act, IRS, Lois Lerner

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$3 Million Verdict in Fracking Case - Fluke or the Harbinger of Claims to Come?

In a highly anticipated verdict reached on April 22, 2014, a Dallas County Court at Law jury awarded the Parr family $2.925 million against Aruba Petroleum on a nuisance claim arising out of drilling in the Barnett Shale in Wise…more

Fracking, Fracking Bans, Nuisance, Oil & Gas, Property Damage

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IRS: Investment Fund Managers are Subject to Self-Employment Tax

The Office of Chief Counsel of the Internal Revenue Service (the "IRS") recently issued internal guidance in the form of a Chief Counsel Advice (the "CCA") indicating that the IRS has taken the position that the "limited…more

General Partnerships, Investment Adviser, Investment Management, IRS, Limited Liability Companies

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Quench My Thirst: Water Rights in the Context of Water Treatment Technologies

Introduction - •35,000 wells hydraulically fractured in the U.S.Annually •Over one million wells have been hydraulically fractured since its introduction in the 1940s •90% of all wells drilled in the U.S…more

Fracking, Technology, Waste Treatment Facilities, Water, Water Rights

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IP Litigation Insider

Eastern District of Texas Adopts Model Order for Focusing Patent Claims and Prior Art - On Tuesday, October 29, 2013, Chief District Judge Leonard Davis, on behalf of the Eastern District of Texas, adopted a model "Order…more

Patent Litigation, Patents, Prior Art

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Enterprise Data Security For The Securities Lawyer

Assuring cybersecurity has become a necessity for businesses across all industries. Cybercrime — with over $1 trillion in annual profits — is now the most lucrative illegal global business. Any business with computers and…more

Cyber Crimes, Cybersecurity, Data Protection, Fiduciary Duty, Gramm-Leach-Blilely Act

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2013: Year of the Mega Breach Cybersecurity Awareness Month - A Good Time for a Crisis Audit

Already this year, hackers have perpetrated seven "mega breaches" (breaches involving over 1 million records each), compromising and exposing over 112 million total records. The average size of a data breach in the U.S. this…more

Cyber Attacks, Cybersecurity, Data Breach, Data Protection, Hackers

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Aviation Flyer - Summer 2014

In This Issue: - Forum Non Conveniens - A Defendant’s Initial Impulse Could Be The Riskiest - Providing Information To Expert Witnesses: A Quick Guide To The Proper Procedures And Potential Pitfalls - Lennar…more

ADA, Aviation Industry, FAA, Forum, Forum Non Conveniens

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Higher Education Risk Management Conference: Establishing International Programs: Risks and Due Diligence

Globalization: -- Reshaping the world in the past several decades: .. continued growth of multinationals .. increased cross-border workers and consumers .. increased imported goods and services --…more

Due Diligence, Global Economy, Risk Management

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IRS: Investment Fund Managers are Subject to Self-Employment Tax

The Office of Chief Counsel of the Internal Revenue Service (the "IRS") recently issued internal guidance in the form of a Chief Counsel Advice (the "CCA") indicating that the IRS has taken the position that the "limited…more

General Partnerships, Investment Adviser, Investment Management, IRS, Limited Liability Companies

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Texas Case Law Update – Judge Dismisses Putative Class Action Over Home Equity Modifications

In an ongoing effort to update our financial institution clients about developments in Texas jurisprudence that may impact them, we bring to your attention a recent decision of particular importance to mortgage and home equity…more

Dismissals, Home Equity Modifications, JPMorgan Chase, Loans, Mortgages

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Texas Supreme Court Rules in Southern Crushed Concrete that Texas Clean Air Act Preempts City of Houston Land Use Ordinance

On February 15, 2013, the Texas Supreme Court reversed the rulings of both a trial court and lower appellate court and found in favor of Southern Crushed Concrete in holding that a City of Houston ordinance placing location…more

Air Quality Standards, Clean Air Act, Permits, Preemption

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Using Letters Of Credit For Tenant Credit Enhancement

I. Introduction. Cash security deposits (typically in the amount of one or two month’s rent) have been the traditional form of tenant credit enhancement required by commercial landlords. However, in instances where…more

Automatic Stay, Credit Enhancements, FDIC, Landlords, Letter of Credit

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Federal Procedure Update - 2012

I. FEDERAL PROCEDURE - A. Overview of Article. The purpose of this article is to provide summaries and brief discussion of significant recent cases from the United States Supreme Court, the United States Circuit…more

Arbitration, AT&T Mobility, AT&T Mobility v Concepcion, Class Certification, Disclosure Requirements

See All Updates »

An Update On The Legal Implications Of User-Generated Content: Facebook, Youtube, Twitter, And Instagram

Traditionally, media companies (as well as non-media companies) almost exclusively utilized their own content. However, because of the exponential growth in the public’s desire and ability to interconnect through social media…more

Communications Decency Act, Copyright, Defamation, DMCA, Facebook

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Texas Adopts Intrastate Crowdfunding Exemption

On October 22, 2014, the Texas State Securities Board (the "TSSB") voted to formally adopt its proposed Rule 139.25, which provides an exemption from registration for intrastate securities offerings employing a limited…more

Crowdfunding, Disclosure Requirements, Proposed Regulation, SEC, Securities

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Seventh Circuit Upholds Method to Fund Transmission Expansions to Carry Renewable Energy

A recent Seventh Circuit opinion, Illinois Commerce Commission v. FERC, represents a significant victory for the future of renewable energy. The decision, authored by Judge Richard Posner, upholds the method Midcontinent…more

FERC, MISO, Multi-Value Projects, Renewable Energy, Wind Power

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Drafting Tips: Securities Lending Authorization Agreements

Securities lending is a type of transaction in which an entity ("Lender") with a large portfolio of securities (e.g., a pension fund or endowment) lends its securities to a borrower ("Borrower") in exchange for collateral (often…more

Collateral, Credit Agreements, Debt Securities, Investment, Lending

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New Pleading Requirements, Expedited Actions, Dismissal of Baseless Claims, Oh My!

In response to a legislative mandate to reduce the expense and delay of litigation in smaller cases, the Texas Supreme Court promulgated new Texas Rules of Civil Procedure…more

Dismissals, Expedited Actions Process, Frivolous Lawsuits, Pleadings

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Deference (And Related Issues)

It will be of little avail to the people, that the laws are made by men of their own choice, if the laws be so voluminous that they cannot be read, or so incoherent that they cannot be understood; if they be repealed or revised…more

Legal Writing, Legislative Process

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SEC Charges Private Equity Fund Manager with Misallocation of Portfolio Company Expenses

On September 22, 2014, the Securities and Exchange Commission ("SEC") charged Lincolnshire Management, Inc. ("Lincolnshire"), a New York-based private equity fund adviser, with breaching its fiduciary duty to two investment…more

Breach of Duty, Enforcement Actions, Fund Managers, Investment Advisers Act of 1940, Misallocation of Funds

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SEC Issues No-Action Letter Regarding Treatment of Certain Unregistered M&A Broker-Dealers

The staff of the Securities and Exchange Commission's Division of Trading and Markets (the "Staff") recently issued a no–action letter (the "Letter")1 that provides significant new guidance with respect to the involvement of…more

Broker-Dealer, No-Action Letters, SEC, Transaction-Based Compensation

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Intellectual Property Basics (Updated)

You can buy or sell breakfast or a toaster without a lawyer. Business law is based on common sense. Intellectual Property (“IP”) is different. Common sense does not always apply to IP. This is dangerous because IP can be a…more

Business Assets, Copyright, Patents, Trade Secrets, Trademarks

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Impact of Government Shutdown on HHS

Health care providers and health care companies are required to work with federal regulatory agencies on a daily basis. As a result, many are wondering exactly how the government shutdown will impact their businesses. The…more

CMS, FDA, Government Shutdown, HHS, HRSA

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Drafting Tips: Securities Lending Authorization Agreements

Securities lending is a type of transaction in which an entity ("Lender") with a large portfolio of securities (e.g., a pension fund or endowment) lends its securities to a borrower ("Borrower") in exchange for collateral (often…more

Collateral, Credit Agreements, Debt Securities, Investment, Lending

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Supreme Court Rules Class Certification Requires Evidence of Damages Supported by a Valid Legal Theory

Effectively equates "rigorous analysis" with "merits analysis" - On March 27, 2013, in Comcast Corp. v. Behrend, the United States Supreme Court reaffirmed that district courts must perform a "rigorous analysis" of…more

Class Action, Class Certification, Comcast, Comcast v. Behrend, Damages

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Hot Employment Topics For 2014 Part II: After The Defense Of Marriage Act? Implications For Employee Benefits

This is the second of a seven-part series describing "Hot Employment Topics for 2014." Part II focuses upon "The Aftermath of the Demise of the Defense of Marriage Act." The United States Supreme Court in 2013 struck down…more

DOMA, Employee Benefits, Marriage, Same-Sex Marriage, SCOTUS

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Supreme Court Rebukes EPA's Broad Interpretation Of Its Power To Regulate GHGs And Sends Message For EPA To Carefully Proceed With Its Ongoing GHG Programs

On June 23, 2014, the Supreme Court, in a 5–4 decision,1 affirmed in part and reversed in part the D.C. Circuit Court of Appeals' decision regarding the U.S. Environmental Protection Agency's ("EPA") greenhouse gas ("GHG")…more

Carbon Emissions, Clean Air Act, Environmental Policies, EPA, Greenhouse Gas Emissions

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“Procedural and Evidentiary Issues in Condemnation Cases: What Gets in and What Doesn’t?”

Traditional eminent domain trial work is unique. Liability, in the true sense of the word, is not at issue, and very often there is only one simple question for the jury to answer – what amount of money will adequately and…more

Condemnation, Eminent Domain, Evidence, Rules of Civil Procedure

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New Law Necessitates Online Privacy Audits and Updates - What You Need to Consider Now If You Have a Website, Online Service or Mobile App

As online businesses and technologies evolve, so do the laws affecting them. On January 1, 2014, a new law amending the California Online Privacy Protection Act ("CalOPPA") went into effect. See CAL. BUS. & PROF. CODE §§…more

Audits, CalOPPA, Internet, Mobile Apps, Privacy Laws

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Aviation Flyer - Summer 2014

In This Issue: - Forum Non Conveniens - A Defendant’s Initial Impulse Could Be The Riskiest - Providing Information To Expert Witnesses: A Quick Guide To The Proper Procedures And Potential Pitfalls - Lennar…more

ADA, Aviation Industry, FAA, Forum, Forum Non Conveniens

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CLO Market: The Volcker Rule and Risk Retention

Collateralized Loan Obligations (CLOs) are a type of Collateralized Debt Obligation (CDO) created by pooling large commercial loans and debt instruments. This pool is divided into various tranches with different risk–return…more

Banking Sector, Collateralized Debt Obligations, Collateralized Loan Obligations, Dodd-Frank, Investors

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IP Litigation Insider

Eastern District of Texas Adopts Model Order for Focusing Patent Claims and Prior Art - On Tuesday, October 29, 2013, Chief District Judge Leonard Davis, on behalf of the Eastern District of Texas, adopted a model "Order…more

Patent Litigation, Patents, Prior Art

See All Updates »

Ebola and the Workplace: What Employers Need To Know

In light of the Ebola virus outbreak abroad and the recent Ebola cases in the U.S., employers should be aware of the laws implicated in their treatment of employees. Though employment issues related to Ebola may appear to be…more

ADA, Best Management Practices, CDC, Ebola, Employer Liability Issues

See All Updates »

Conflict Minerals: Dodd-Frank, the SEC's Rule...and Beyond

Designed to reduce funding sources for those perpetrating human rights abuses and engaging in armed conflict in the Democratic Republic of the Congo ("DRC") and adjoining countries, Section 1502 of the Dodd-Frank Wall Street…more

Conflict Mineral Rules, Consumer Protection Act, Dodd-Frank, SEC

See All Updates »

$3 Million Verdict in Fracking Case - Fluke or the Harbinger of Claims to Come?

In a highly anticipated verdict reached on April 22, 2014, a Dallas County Court at Law jury awarded the Parr family $2.925 million against Aruba Petroleum on a nuisance claim arising out of drilling in the Barnett Shale in Wise…more

Fracking, Fracking Bans, Nuisance, Oil & Gas, Property Damage

See All Updates »

Executive Order Requires State Agencies and State Contractors to Use E-Verify

On December 3, 2014, Texas Governor Rick Perry issued Executive Order No. RP-80, which requires state agencies and state contractors to use E-Verify. The Order imposes, as a condition of all state contracts for service, a…more

Audits, Contractors, DHS, E-Verify, Employer Liability Issues

See All Updates »

Important Amendments to the Texas Rules of Civil Procedure: Electronic Filing, Service by Email, New Response Deadlines, and Sensitive Data Restrictions

Effective January 1, 2014, the Texas Supreme Court enacted important amendments to the Texas Rules of Civil Procedure. These amendments are not limited to the well–publicized mandate for electronic filing. Lesser–known revisions…more

Data Protection, Deadlines, E-Filing, Email, Service of Process

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Supreme Court Rebukes EPA's Broad Interpretation Of Its Power To Regulate GHGs And Sends Message For EPA To Carefully Proceed With Its Ongoing GHG Programs

On June 23, 2014, the Supreme Court, in a 5–4 decision,1 affirmed in part and reversed in part the D.C. Circuit Court of Appeals' decision regarding the U.S. Environmental Protection Agency's ("EPA") greenhouse gas ("GHG")…more

Carbon Emissions, Clean Air Act, Environmental Policies, EPA, Greenhouse Gas Emissions

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The Accommodation Doctrine Revisited: A Question of "Fairness to Both Parties"

As Texas holds tight to its position as the nation's number one oil and natural gas producing state, the Texas Supreme Court's decision to revisit the over forty-year-old accommodation doctrine, which requires oil and gas…more

Barnett Shale, Duty to Accommodate, Existing Use, Fracking, Horizontal Wells

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Private Entity Access To Capital Markets - Through Rule 144A For Life Offerings

Many privately or family owned entities may believe access to U.S. capital markets is foreclosed due to burdensome and cost prohibitive regulatory requirements. With interest rates at historical lows and a robust supply of…more

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Supreme Court Makes It Easier To Seek Sanctions For Frivolous Patent Suits

The Supreme Court issued decisions in two cases yesterday that will make it easier for defendants to seek sanctions against non-practicing entities or any other entity for abusive patent litigation. In Highmark Inc. v. Allcare…more

Attorney's Fees, Highmark v. Allcare, Octane Fitness v. ICON, Patent Infringement, Patent Litigation

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Recent Case on Safe Harbor Provisions in Swap Agreements

Bankruptcy cases are the proving ground for interpreting the boundaries for ISDA safe harbor provisions under the United States Bankruptcy Code. Michigan State Housing Development Authority v. Lehman Brothers Derivative Products…more

Bankruptcy Code, Commercial Bankruptcy, ISDA, Liquidation, Safe Harbors

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Here's a Tip You Can Share: Federal District Court Strikes Down DOL Regulations Restricting Use of Tip Pooling Arrangements

Under federal and state wage-and-hour laws, tipped employees present unique compliance challenges for employers, particularly those in the restaurant and other service industries. Recent cases illustrate the potential risk. Any…more

DOL, Regulation, Restaurant Industry, Tip-Pooling, Tips

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Hot Employment Topics For 2014- Part VII: Same-Sex Workplace Harassment-The Hazards of a "Boys Will Be Boys" Policy

This is the seventh and last of a seven-part series describing "Hot Employment Topics for 2014." Part VII focuses upon "Same-Sex Workplace Harassment." The United States Court of Appeals for the Fifth Circuit recently…more

Anti-Harassment Policies, Civil Rights Act, Corporate Counsel, EEOC, Employer Liability Issues

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DOJ and SEC Release Much-Anticipated Guidance on FCPA

In recent years, corporations in the United States and around the world have seen record levels of enforcement of the Foreign Corrupt Practices Act ("FCPA"), resulting in billions of dollars of civil judgments and numerous…more

Compliance, DOJ, FCPA, FCPA Resource Guide, SEC

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Texas Case Law Update – Judge Dismisses Putative Class Action Over Home Equity Modifications

In an ongoing effort to update our financial institution clients about developments in Texas jurisprudence that may impact them, we bring to your attention a recent decision of particular importance to mortgage and home equity…more

Dismissals, Home Equity Modifications, JPMorgan Chase, Loans, Mortgages

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British Bankers Association No Longer Administering LIBOR

Effective as of February 1, 2014, Intercontinental Exchange (ICE) Benchmark Administration Ltd. took over as the new administrator of LIBOR. A new administrator to replace the British Banker's Association (BBA) is one of the…more

British Bankers' Association, Libor, UK, Wheatley Review:

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Wall v. VistaCare, Inc.: Successor Liability for Medicare Providers

A recent decision in the Northern District of Texas provides helpful guidance for health care corporations looking to limit their potential successor liability for Medicare fraud and overpayments. On August 4, 2014, U.S…more

Healthcare Fraud, Healthcare Providers, Hospice, Kickbacks, Medicare

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SEC Lifts Ban on General Solicitation and Issues Disqualification Rules for "Bad Actors" in Certain Private Offerings

On July 10, 2013, the Securities and Exchange Commission (the "SEC") adopted new rules to implement certain requirements of the Jumpstart Our Business Startups Act of 2012 and the Dodd-Frank Wall Street Reform and Consumer…more

Accredited Investors, Disqualification, Dodd-Frank, Form D Filing, General Solicitation

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DOJ and SEC Release Much-Anticipated Guidance on FCPA

In recent years, corporations in the United States and around the world have seen record levels of enforcement of the Foreign Corrupt Practices Act ("FCPA"), resulting in billions of dollars of civil judgments and numerous…more

Compliance, DOJ, FCPA, FCPA Resource Guide, SEC

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Here's a Tip You Can Share: Federal District Court Strikes Down DOL Regulations Restricting Use of Tip Pooling Arrangements

Under federal and state wage-and-hour laws, tipped employees present unique compliance challenges for employers, particularly those in the restaurant and other service industries. Recent cases illustrate the potential risk. Any…more

DOL, Regulation, Restaurant Industry, Tip-Pooling, Tips

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Requests for Evidence

8 CFR § 103.2(b)(8) - Evidence of eligibility or ineligibility. If the evidence submitted with the benefit request establishes eligibility, USCIS will approve the benefit request, except that in any case in which the…more

Evidence, Immigrants, Requests for Evidence, USCIS

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Aircraft Transaction Basics - A Business Development Opportunity

This paper will describe the basics of aircraft transactions, including aircraft sale, purchase and ownership issues and how current aviation practitioners can expand their practice area to include aircraft transactions, pull in…more

Aircraft, Aircraft Sales, Aviation Industry, Brokers, Business Ownership

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Jackson Walker's VIA Media Postcard - November/December 2012

In This Issue: - Paul Watler's Perspective: One of the few places of refuge from the political campaign advertising onslaught was public television and radio. That may change depending on a little-noticed First Amendment…more

Advertising, First Amendment, Libel, Political Contributions

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Perils of PERM

- A Plethora of Pitfalls: • Precise Drafting • A reason for everything • Keep a handle on time • Harmonize ETA 9141 and ETA 9089 • Essential information in the recruitment • Normal, Foreign and Business…more

Compliance, PERM, Prevailing Wages

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To Caesar, Only What Is Due - An Opportunity under § 505(a)(2)(C) for Ad Valorem Taxes?

Plagued with financial uncertainty and inadequate resources, debtors often fail to take the steps that are needed to minimize property taxes in the period leading up to bankruptcy. Tax protests go unfiled and valuations go…more

Ad Valorem Tax, Bankruptcy Code, BAPCPA, Consumer Bankruptcy, Debtors

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President Issues an Executive Order on Cybersecurity

On February 12, 2013, President Barack Obama signed an ExecutiveOrder on cybersecurity designed to defend the nation's critical infrastructure. By passing Congress — which could not agree on a legislative proposal — the…more

Barack Obama, CISPA, Cybersecurity, DHS, Electricity

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New Pleading Requirements, Expedited Actions, Dismissal of Baseless Claims, Oh My!

In response to a legislative mandate to reduce the expense and delay of litigation in smaller cases, the Texas Supreme Court promulgated new Texas Rules of Civil Procedure…more

Dismissals, Expedited Actions Process, Frivolous Lawsuits, Pleadings

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Proposed Building Code Amendment is Harsh Reflection of Glaring Controversy

In what came as a complete surprise to many in the development industry, an otherwise low-profile City of Dallas board, the Building Inspection Advisory, Examining and Appeals Board, met on July 11 to recommend approval of a…more

Building Codes, Local Ordinance, Proposed Legislation

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Drafting Tips: Securities Lending Authorization Agreements

Securities lending is a type of transaction in which an entity ("Lender") with a large portfolio of securities (e.g., a pension fund or endowment) lends its securities to a borrower ("Borrower") in exchange for collateral (often…more

Collateral, Credit Agreements, Debt Securities, Investment, Lending

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Texas Supreme Court Rules in Southern Crushed Concrete that Texas Clean Air Act Preempts City of Houston Land Use Ordinance

On February 15, 2013, the Texas Supreme Court reversed the rulings of both a trial court and lower appellate court and found in favor of Southern Crushed Concrete in holding that a City of Houston ordinance placing location…more

Air Quality Standards, Clean Air Act, Permits, Preemption

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Hot Employment Topics For 2014- Part VII: Same-Sex Workplace Harassment-The Hazards of a "Boys Will Be Boys" Policy

This is the seventh and last of a seven-part series describing "Hot Employment Topics for 2014." Part VII focuses upon "Same-Sex Workplace Harassment." The United States Court of Appeals for the Fifth Circuit recently…more

Anti-Harassment Policies, Civil Rights Act, Corporate Counsel, EEOC, Employer Liability Issues

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Paul Watler Speaks: Old-School Investigative Sports Reporting: Still Relevant After All These Years

As a young lawyer in 1985, a case came my way that combined several passions: college football, newspaper journalism and the First Amendment. I was the associate attorney assigned to help apply legal muscle in support of our…more

College Athletes, Football, Investigations, Journalism, Media

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To Caesar, Only What Is Due - An Opportunity under § 505(a)(2)(C) for Ad Valorem Taxes?

Plagued with financial uncertainty and inadequate resources, debtors often fail to take the steps that are needed to minimize property taxes in the period leading up to bankruptcy. Tax protests go unfiled and valuations go…more

Ad Valorem Tax, Bankruptcy Code, BAPCPA, Consumer Bankruptcy, Debtors

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An Update On The Legal Implications Of User-Generated Content: Facebook, Youtube, Twitter, And Instagram

Traditionally, media companies (as well as non-media companies) almost exclusively utilized their own content. However, because of the exponential growth in the public’s desire and ability to interconnect through social media…more

Communications Decency Act, Copyright, Defamation, DMCA, Facebook

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Hot Employment Topics For 2014- Part VII: Same-Sex Workplace Harassment-The Hazards of a "Boys Will Be Boys" Policy

This is the seventh and last of a seven-part series describing "Hot Employment Topics for 2014." Part VII focuses upon "Same-Sex Workplace Harassment." The United States Court of Appeals for the Fifth Circuit recently…more

Anti-Harassment Policies, Civil Rights Act, Corporate Counsel, EEOC, Employer Liability Issues

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The Texas Supreme Court Affirms TCEQ's Discretion to Deny Contested Hearing Requests on Water-Quality Permits

On August 23, 2013, the Texas Supreme Court issued a significant decision affirming the administrative discretion of the Texas Commission on Environmental Quality ("the Commission") to decide whether or not to grant a downstream…more

Environmental Claims, Environmental Policies, Farms, Water

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Managing Your Online Content and Website

A SURVEY OF PRIVACY, COPYRIGHT, AND TRADEMARK ISSUES - Today, even Elvis has a Facebook page, Instagram2 and Google+ accounts, a Twitter handle, a Pinterest board, and a mobile app. The Internet and the mobile electronic…more

Content Marketing, Copyright, Data-Sharing, Do Not Track, Entertainment Industry

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Areas of Practice
  • Agriculture
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Torts
  • Commercial Law & Contracts
  • Communications & Media Law
  • Construction Law
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Professional Malpractice
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Toxic Torts
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
See more
Number of Attorneys

100+ Attorneys

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