Jackson Walker

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Ali Abazari

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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Matt Acosta

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 Focusing Patent Claims and Prior Art To Reduce Costs." The Model Order's goal is to reduce the…more

Patent Applications, Patent Infringement, Patent Litigation, Patents, Prior Art

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Stacy Allen

Stacy Allen Speaks: Looking Back 50 Years At 'N.Y. Times v Sullivan' and the Civil Rights Movement

I recently attended the annual ABA Forum on Communications Law, which included an informative panel discussion marking the 50th anniversary of the U.S. Supreme Court's landmark decision in N.Y. Times v Sullivan. While we are…more

Actual Malice, Civil Rights Act, Defamation, Libel, Media

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Brad Anderson

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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Jacob Arechiga

February Closes with Significant Activity Relating to EPA's Regulation of Greenhouse Gases

Last week saw two developments regarding EPA's regulation of greenhouse gases. On February 24, 2014, the Supreme Court of the United States heard oral arguments in Utility Air Regulatory Group v. the Environmental Protection…more

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

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Charles Babcock

Chip Babcock Speaks: The FCC Backs Down on Newsroom Intrusion – But How Did It Get This Far?

The Federal Communications Commission was scheduled to begin this spring a "Multi-Market Study of Critical Information Needs." Backed by a 110-page report from two prestigious journalism schools and a "Final Research Design"…more

FCC, Journalism

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Amy Baird

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

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Kelly Cavazos Barreto

CMS Releases Long-Awaited Details for Sunshine Act Compliance

The Physician Payment Sunshine Act (the "Act") was enacted as part of the Patient Protection and Affordable Care Act for the purpose of promoting transparency between the medical industry and health care providers. It requires…more

Affordable Care Act, CHIP, CMS, Healthcare, Healthcare Reform

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Mallory Beck

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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Chesley Blevins

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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M. Keith Branyon

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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Jennifer Bryant

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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Wayne Bunch, Jr.

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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Stephanie Chandler

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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Daniel Chapman

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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Bill Cobb

February Closes with Significant Activity Relating to EPA's Regulation of Greenhouse Gases

Last week saw two developments regarding EPA's regulation of greenhouse gases. On February 24, 2014, the Supreme Court of the United States heard oral arguments in Utility Air Regulatory Group v. the Environmental Protection…more

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

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Carla Cox

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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Sean Crandall

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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David Curcio

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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Alia Derrick

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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Steven Dimitt

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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Sarah Dobson Mitchell

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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Leonard Dougal

EPA Proposes Approval of TCEQ's Greenhouse Gas Permitting Program

On February 5, 2014, several news outlets reported that the U.S. Environmental Protection Agency ("EPA") handed over permitting authority for greenhouse gases ("GHGs") to the Texas Commission on Environmental Quality ("TCEQ"). …more

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

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Jeffery P. Drummond

HIPAA Housekeeping - Don't Forget Your Annual Report of Small Breaches

If you are a "covered entity" under the Health Insurance Portability and Accountability Act ("HIPAA") and suffer a breach of protected health information, one of your first reactions should be to count the number of affected…more

Compliance, Covered Entities, Enforcement, Healthcare, HHS

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Alicia Duleba

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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Byron Egan

How Recent Fiduciary Duty Cases Affect Advice To Directors And Officers Of Delaware And Texas Corporations

I. Introduction. The conduct of corporate directors and officers is subject to particular scrutiny in the context of business combinations (whether friendly or hostile), executive compensation and other affiliated party…more

Acquisitions, Board of Directors, Corporate Counsel, Corporate Officers, Dodd-Frank

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Tré Fischer

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 »

Mary Lou Flynn-Dupart

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 »

Steve Fogel

Steve Fogle Speaks: Eyes in the Skies: The Law of Unmanned Aerial Vehicles

Although expanding in popularity and functionality, unmanned aerial vehicles (UAVs), more commonly known as "drones," have been shrinking in both size and expense over the last several years. What once cost several thousands of…more

Drones, Surveillance, Technology

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David Folsom

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 »

Gary Fowler

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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David Garcia

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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Richard Garza

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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Luke Gilman

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

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Andrew Graham

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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Jeffrey Hamilton

IRS Grants Extension of Time to Take Advantage of Portability Election

The IRS has provided relief for persons who missed the opportunity to make a "portability election." To understand the importance of the relief, a review of the basics is in order…more

Estate Tax, IRS, Portability, Time Extensions

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John Holden, Jr.

Hydraulic Fracturing Land Lease Negotiations - Energy Company and Landowner Rights

The objective of this presentation is to provide an overview of the main issues and documents related to the challenges confronting mineral owners in the negotiation of contracts with energy companies. In addition the paper will…more

Fracking, Land Owners, Mineral Leases, Mineral Rights

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William Hornberger

International Taxation

INTRODUCTION - A. Foreign Persons - Doing Business or Investing in the U.S.. Foreign persons who plan to do business in the United States or invest in a new or existing U.S. business entity are faced with a myriad…more

Foreign Investment, International Tax Issues

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Peter Hosey

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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John Jackson

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 Focusing Patent Claims and Prior Art To Reduce Costs." The Model Order's goal is to reduce the…more

Patent Applications, Patent Infringement, Patent Litigation, Patents, Prior Art

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Steven Jacobs

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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Irma Jacobson

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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Seth Johnson

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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Arcie Jordan

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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Brian Kilpatrick

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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Michael Knapek

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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Michael Kuhn

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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Curt Langley

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

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Robert (Bob) P. Latham

The Top 10 People You Might See at a Patent Litigation Scheduling Conference in the Eastern District of Texas

Many of you have been there – the scheduling conference in a courtroom in the Eastern District of Texas for the court's patent litigation docket. The purpose of these mass gatherings is, of course, to assemble all the attorneys…more

Patent Litigation, Patents

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Michael Laussade

SEC and FINRA Propose Long-Awaited Crowdfunding Rules

On October 23, 2013, the SEC formally issued its proposed rules governing the "crowdfunding" registration exemption created under Title III of the Jumpstart Our Business Startups Act of 2012 (the "JOBS Act"), and FINRA proposed…more

Crowdfunding, FINRA, JOBS Act, SEC, Title III

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Kathleen LaValle

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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Jesse Lotay

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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Julia Mann

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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Dudley McCalla

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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Michael Meskill

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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Mark Miller

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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Virginia Mimmack

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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Danielle Mirabal

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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David Moran

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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Lauren Mutti

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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Mike Nasi

February Closes with Significant Activity Relating to EPA's Regulation of Greenhouse Gases

Last week saw two developments regarding EPA's regulation of greenhouse gases. On February 24, 2014, the Supreme Court of the United States heard oral arguments in Utility Air Regulatory Group v. the Environmental Protection…more

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

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Robert Neblett

“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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Emilio Nicolas

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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Paige Nobles

Eastern District Implements New Fast Track for Patent Cases

On February 25, 2014, Chief Judge Leonard Davis unveiled an expedited case management procedure available to patent litigants in the Eastern District of Texas. The new procedure, known as "Track B," is an alternative to the…more

Fast Track Process, Patent Applications, Patent Litigation, Patents

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Daniel Nossa

Dodd-Frank Compliance in a Nutshell

Here are some important Dodd-Frank rules that you need to keep in mind if you are neither a Swap Dealer nor a Major Swap Participant ("Non-SD/MSP"). Clearing - General Rule. Dodd-Frank requires all swaps listed in…more

CFTC, Chief Compliance Officers, Compliance, Dodd-Frank, Swaps

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Brian Oates

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 Focusing Patent Claims and Prior Art To Reduce Costs." The Model Order's goal is to reduce the…more

Patent Applications, Patent Infringement, Patent Litigation, Patents, Prior Art

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Stephanie Osteen

EEOC Issues New Guidance On Religious Accommodations

The United States Equal Employment Opportunity Commission ("EEOC") recently issued new guidance concerning religious workplace accommodations. The first document, titled Religious Garb and Grooming in the Workplace: Rights and…more

EEOC, Reasonable Accommodation, Religion, Religious Clothing, Title VII

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Doug Paisley

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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Lisa Powell

Fifth Circuit Rules Secured Creditors Who Snooze Do Not Lose

On August 5, 2013, the Fifth Circuit Court of Appeals ruled in Acceptance Loan Co., Inc. v. S. White Trans., Inc. (In re S. White Transp.) that a creditor's lien remained intact notwithstanding that the confirmed plan of…more

Creditors, Liens, Reorganizations

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James Prappas

Business Immigration Ethics

In This Presentation: Issues: - Who is the client(s)? - Which rules apply? – It depends on who files the grievance. - What are the attorney’s ethical obligations? - What is the “public interest”? -…more

Compliance, E-2, Ethics, Immigrants, Visas

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Jason Reinsch

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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Benjamin Rhem

EPA Proposes Approval of TCEQ's Greenhouse Gas Permitting Program

On February 5, 2014, several news outlets reported that the U.S. Environmental Protection Agency ("EPA") handed over permitting authority for greenhouse gases ("GHGs") to the Texas Commission on Environmental Quality ("TCEQ"). …more

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

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Richard Roth

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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Bruce Ruzinsky

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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David Schlottman

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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Lionel Schooler

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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Orlando Segura

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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Gordon Shapiro

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

See All Updates »

Justin Shipley

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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Jack Skaggs

Texas Public Information Act: Uniform Trade Secret Act Broadens the Scope of Protection

The 83rd Texas Legislature recently enacted Senate Bill 953 and created the Texas Uniform Trade Secrets Act ("TUTSA") in Chapter 134A of the Texas Civil Practice and Remedies Code. For companies wishing to defend their corporate…more

Public Disclosure, Public Records, Trade Secrets, UTSA

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Andrew Solomon

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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Robert L. Soza, Jr.

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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Mark Steiner

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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J. Jay Strimel

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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James Struble

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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Amanda Thompson

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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Matthew Thompson

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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Patricia Tomasco

Affairs of State: When States Are Creditors: Why § 525 Matters and Should Be Expanded

One of the pillars of a debtor’s fresh start is the anti-discrimination provisions of § 525 of the Bankruptcy Code, which codifies the U.S. Supreme Court’s decision in Perez v. Campbell. The Court held that two state statutes…more

Anti-Discrimination Policies, Consumer Bankruptcy, Debt, Debtors, FCC

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Anna Trimble

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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Matt Vandenberg

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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Jonathan Vinson

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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Paul Vrana

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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Peter Wahl

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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Tracey Wallace

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 C. Watler

Paul Watler Speaks: Can't Handle the Truth? The Truth Defense in the Texas Supreme Court

A decades-long string of libel opinions by the Texas Supreme Court in favor of media defendants came to a resounding halt this summer. In Neely v. Wilson, the Court reversed summary judgment for an Austin television station. At…more

Affirmative Defenses, Libel

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Jennifer Wertz

Shedding Light on Whether Electricity is a "Good:" In re Southern Montana Electric Generation and Transmission Cooperative, Inc.

The question of whether electricity qualifies as a "good" under the Bankruptcy Code's administrative priority provisions has sparked varied rulings from bankruptcy courts. The recent case of In re Southern Montana Electric…more

Administrative Priority, Chapter 11, Debtor-Creditor, Electricity, Goods

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Michael West

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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Michael Woodson

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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Kate Wright

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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Shannon Zmud Teicher

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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