Jackson Walker

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901 Main Street
Suite 6000
Dallas, Texas 75202, United States
Phone: 214.953.6000
Fax: 214.953.5822
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

The Supreme Court Holds that Army Corps’ Jurisdictional Determinations are Final Actions Subject to Judicial Review

On May 31, 2016, in United States Army Corps of Engineers v. Hawkes Co., the US Supreme Court unanimously held that a U.S. Army Corps of Engineers’ (Corps) approved jurisdictional determination (JD) is a final agency action…more

Administrative Appeals, Administrative Procedure Act, Clean Water Act, EPA, Final Judgment

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Laches Remains a Valid Defense to Patent Infringement Notwithstanding 'Petrella v. Metro-Goldwyn-Mayer'

On Friday, September 18, 2015, the Federal Circuit sitting en banc, confirmed in SCA Hygiene Products v. First Quality Baby Products that the common law doctrine of laches is still a viable defense to patent infringement when…more

Copyright Infringement, Damages, Laches, Lanham Act, Limitation Periods

See all updates »

The 2017 Texas Legislative Session: A Mixed Bag for Texas Newsrooms

In football, blocking and tackling is as important as connecting on a long pass. In a legislative session that was tough going for advocates of open government and news reporting, a tenacious defense won more victories than an…more

Anti-SLAPP, Broadcasting, Citizens Participation Acts, Legislative Agendas, Press Shield Laws

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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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A double defeat for EPA on regional haze regulations

On Friday, July 15, 2016, the U.S. Court of Appeals for the Fifth Circuit handed the United States Environmental Protection Agency (“EPA”) a stinging double defeat on its partial disapproval of Texas’ regional haze rule (the…more

Air Pollution, Clean Air Act, Energy Sector, EPA, Federal Implementation Plans (FIP)

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Presidents and the Press

Here’s a quiz for you. Match the President to the quote: “He uses tweets to go directly to the public while bypassing journalists.” “[The President] directed [name] to make speeches attacking newspapers and the…more

Barack Obama, First Amendment, Free Speech, Freedom of the Press, George W Bush

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Dallas Court of Appeals Reverses Landmark Judgment on Common Law Partnership and Joint Venture Claims

On July 18, 2017, the Dallas Court of Appeals issued its long-awaited decision in Enterprise Products Partners, L.P. v. Energy Transfer Partners, L.P., reversing the Dallas County District Court’s judgment that awarded ETP more…more

Appeals, Breach of Contract, Breach of Duty, Burden of Proof, Common Law Claims

See all updates »

Looks Like Frack is Back, Governor Abbott Signs House Bill 40

Yesterday, Governor Gregg Abbott signed into law House Bill 40, also known as the Denton Fracking Bill, which leaves municipalities with minimal power to regulate the oil and gas industry. The bill takes effect immediately and…more

Fracking, Fracking Bans, Local Ordinance, Municipalities, New Legislation

See all updates »

New Law Continues to Require Out-of-Network Facility-Based Physicians to Notify Patients of Mediation Rights

Early last week, Gov. Greg Abbott signed SB 481 into law. The new law, which will become effective on September 1st, gives Texas consumers the option to mediate medical bills that they receive from out-of-network facility-based…more

Billing, Healthcare, Mediation, New Legislation, Out of Network Provider

See all updates »

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

Administrative Authority, CCN Decertification, Expedited Actions Process, Expedited Release, Property Owners

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Bragging Rights: How to Effectively Complete Your Self-Evaluation

Brag. It’s not a four-letter word. Though, as women, we sometimes shy away from bragging, even at times when it matters most. This trait can cause women to miss out on opportunities to advance their careers, particularly when it…more

Diversity, Professional Development, Self-Evaluations, Women in the Law, Young Lawyers

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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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MACRA will change the way you practice

A recent rule proposed by the Centers for Medicare and Medicaid Services (CMS) will bring far-reaching changes to payment models for physicians and other clinicians (including nurse practitioners, physician assistants, certified…more

ACOs, Alternative Payment Models (APM), CMS, Health Care Providers, Medicare

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SCOTUS Simplifies Market Entry Process for Biosimilar Products

Yesterday’s unanimous ruling by the U.S. Supreme Court in Sandoz v. Amgen injects much needed certainty into a difficult statute and streamlines the process for biosimilar products to enter the marketplace following FDA approval…more

Biologics, Biosimilars, BPCIA, Commercial Marketing, Declaratory Judgments

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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

See all updates »

Class Action Report - October 2016

As the Supreme Court begins its new term, the trajectory of its recent class certification guidance will be a key issue for many. The spring and summer of 2016 delivered significant new contours in class certification precedent…more

Article III, Causation, Certiorari, Class Action, Class Certification

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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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Texas Supreme Court Rules in Favor of Jackson Walker Media Clients in Important Free Speech Case

Houston partner John K. Edwards argued before the Texas Supreme Court in September 2016 on behalf of a newspaper and reporter in an important libel case that started in 2003 concerning an article published in a Fort Bend County…more

Actual Malice, Appeals, Burden of Proof, Corruption, Free Speech

See all updates »

Supreme Court Fells North Carolina Statute on First Amendment Grounds, Recognizes Cyberspace and Social Media As the Most Important Places For the Exchange of Views - Jackson Walker

Yesterday’s unanimous ruling by the U.S. Supreme Court in Packingham v. North Carolina is one of the first decisions in which the Court has addressed broadly the relationship between the First Amendment and social media, modern…more

Appeals, Constitutional Challenges, Criminal Convictions, First Amendment, Free Speech

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The Department of Labor’s New Fiduciary Rule: Frequently Asked Questions for Private Fund Advisers

Core elements of the U.S. Department of Labor’s controversial new fiduciary investment advice rule (the “Fiduciary Rule”) became effective on June 9, 2017, despite President Trump’s February 3, 2017 memorandum ordering further…more

Best Interest Contract Exemptions, Broker-Dealer, DOL, ERISA, Fiduciary Rule

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Sabine Court Gives 'Non-Binding' Ruling That Gathering Agreements Are Not Covenants Running with the Land Under Texas Law

After extensive briefing and hearing oral arguments related to Sabine's motion to reject two gathering agreements with Nordheim Eagle Ford Gathering as well as two gathering and handling agreements with HPIP Gonzales Holdings,…more

Bankruptcy Court, Commercial Bankruptcy, Covenants that Run With the Land, Debtors, Equitable Servitudes

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KISSing SAFEly or SAFEly KISSing: The New Financing Instruments for Startups

As the startup community continues to expand around the country, there is an ever-growing need to understand different ways that a company can structure early stage financing so that it can be equipped to discuss with its first…more

Angel Investors, Convertible Notes, Crowdfunding, Financing, Future Equity

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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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Fourth Circuit Affirms CGL Coverage of Cyber Incident

In a recent, unpublished opinion, the Fourth Circuit held that an insurer had a duty to defend its insured under a CGL policy for a cyber incident. A class action complaint was filed against Portal Healthcare Solutions…more

Commercial General Liability Policies, Cyber Insurance, Data Breach, Duty to Defend, Internet

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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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Looks Like Frack is Back, Governor Abbott Signs House Bill 40

Yesterday, Governor Gregg Abbott signed into law House Bill 40, also known as the Denton Fracking Bill, which leaves municipalities with minimal power to regulate the oil and gas industry. The bill takes effect immediately and…more

Fracking, Fracking Bans, Local Ordinance, Municipalities, New Legislation

See all updates »

CMS Issues Final Rule, Making it Easier to Sue Nursing Facilities

Beginning November 28, 2016, pre-dispute arbitration agreements will no longer be permissible for skilled nursing facilities and nursing facilities participating in the Medicare and Medicaid programs. 42 C.F.R. § 483.70(n). On…more

CMS, Medicaid, Medicare, Nursing Homes, Pre-Dispute Arbitration

See all updates »

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, Google, Java

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The Double-Fraction Dilemma: Intent-Focused Inquiry Prevails

As the oil and gas industry has moved away from the legacy of the 1/8th royalty, double-fraction language has generated a multitude of disagreements as to whether a royalty interest should be construed as "fixed" or "floating"…more

Gas Royalties, Intent of the Parties, Inter Vivos Gifts, Mineral Leases, Oil & Gas

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

See all updates »

A Prevailing Party May Now Recover Attorney’s Fees in a Vested Rights Dispute

Chapter 245 of the Texas Local Government Code (the “Vested Rights Statute”), provides a regulatory scheme in which developers and the public may rely upon regulations of a regulatory agency in effect at the time an initial…more

Attorney's Fees, County Planning Commissions, Land Developers, Land Use Restrictions, Land-Use Permits

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Supreme Court Revisits Stock Drop Fiduciary Standards

In Amgen v. Harris, the Supreme Court for the second time considered whether the plan participants sufficiently stated a claim against the plan fiduciaries for breach of fiduciary duty under ERISA by continuing to provide Amgen…more

Amgen, Duty of Prudence, ERISA, Failure To State A Claim, Fiduciary Duty

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Inflation Adjustments for 2016

On October 21, 2015, the IRS released the annual inflation adjustments which will apply to tax year 2016. These adjustments will help determine a taxpayer's tax bracket and available deductions, credits, exclusions, and…more

Estate Tax, Flexible Spending Accounts, Gift-Tax Exemption, Health Savings Accounts, Income Taxes

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New EEO-1 Reporting Requirements on Pay for Women and Minorities for Employers with 100+ Employees

The Obama Administration has directed the EEOC to collect additional data about the pay of women and racial/ethnic minorities from all employers with more than 100 employees. The updated EEO-1 reporting will provide data for the…more

EEO-1, EEOC, Equal Pay Report, Obama Administration, Reporting Requirements

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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

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Time to Transfer Early Stage Investments?

New rules may stop “cheap” transfers of business interests to kids and grandkids. Proposed IRS regulations that may be effective as early as the end of 2016 are designed to severely limit use of discounts on gifts or sales of…more

Business Valuations, Estate Planning, Estate Tax, Family Businesses, Generation-Skipping Transfer

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Supreme Court Rules Doctrine of Laches Does Not Bar Damages In Patent Litigation

In a highly-anticipated opinion, the Supreme Court ruled on Tuesday that the doctrine of laches is no longer a proper defense in patent infringement cases. Following its 2014 copyright laches case in Petrella v…more

Damages, Defense Strategies, Laches, Patent Infringement, Patents

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A Prevailing Party May Now Recover Attorney’s Fees in a Vested Rights Dispute

Chapter 245 of the Texas Local Government Code (the “Vested Rights Statute”), provides a regulatory scheme in which developers and the public may rely upon regulations of a regulatory agency in effect at the time an initial…more

Attorney's Fees, County Planning Commissions, Land Developers, Land Use Restrictions, Land-Use Permits

See all updates »

EEOC's New Procedure Provides Position Statements to Charging Parties

For the past few decades, information provided to the Equal Employment Opportunity Commission ("EEOC" or "Commission") has been protected from disclosure during the pendency of an investigation and to some degree after the…more

Complaint Procedures, Confidential Information, Discovery, EEOC, Employment Discrimination

See all updates »

Appeals Court Decision Requires Air Emissions Reporting for Animal Waste

On April 11, 2017, the U.S. Court of Appeals for the D. C. Circuit vacated a 2008 EPA rule, which had exempted certain agricultural operations from federal air emission reporting requirements..…more

Agricultural Sector, Air Pollution, Appeals, CERCLA, Chevron Deference

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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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Texas Supreme Court Rules in Favor of Jackson Walker Media Clients in Important Free Speech Case

Houston partner John K. Edwards argued before the Texas Supreme Court in September 2016 on behalf of a newspaper and reporter in an important libel case that started in 2003 concerning an article published in a Fort Bend County…more

Actual Malice, Appeals, Burden of Proof, Corruption, Free Speech

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Choice of Entity and Key Contents of Organization Documents

Five Business Entity Forms: • Corporation • General Partnership • Limited Partnership • Limited Liability Partnership (“LLP”) • Limited Liability Company (“LLC”) Please see full presentation publication…more

Books & Records, Breach of Duty, Business Formation, Business Judgment Rule, Business Taxes

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Texas Supreme Court Affirms Property Owners' Rights Within the Extraterritorial Jurisdiction

On May 27, 2016, in Town of Lakewood Village v. Bizios, the Texas Supreme Court held that general law municipalities do not have the authority to enforce building codes within their extraterritorial jurisdictions (ETJs). This…more

Building Codes, Building Permits, Construction Project, Extraterritoriality Rules, Jurisdiction

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Dallas Court of Appeals Reverses Landmark Judgment on Common Law Partnership and Joint Venture Claims

On July 18, 2017, the Dallas Court of Appeals issued its long-awaited decision in Enterprise Products Partners, L.P. v. Energy Transfer Partners, L.P., reversing the Dallas County District Court’s judgment that awarded ETP more…more

Appeals, Breach of Contract, Breach of Duty, Burden of Proof, Common Law Claims

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

See all updates »

I Can Fly it For Fun–Why Not For Profit? Proposed FAA Rules For Unmanned Aerial Vehicles

Every week, it seems you hear another business is using unmanned aerial vehicles. So why are you, or your company, still grounded? That could change soon…more

Certifications, Commercial Use, Drones, Exemptions, Federal Aviation Administration (FAA)

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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, Federal Aviation Administration (FAA), Foreign Corporations, Personal Jurisdiction, SCOTUS

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W. Gary Fowler Published in ‘Texas Lawyer’ - “President Donald Trump and the Enforcement of the Americans with Disabilities Act”

Jackson Walker partner W. Gary Fowler, recently authored an article published in the November 2016 edition of Texas Lawyer. In the article, “President Donald Trump and the Enforcement of the Americans with Disabilities…more

ADA, Disability Discrimination, DOJ, Judicial Appointments, Public Accommodation

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Interplay Between Texas Workers' Compensation Law and Federal Family Medical Leave Act: Texas Supreme Court Addresses Impact of FMLA on Workers' Compensation Anti-Retaliation Clause

On December 4, 2015, the Texas Supreme Court provided significant guidance for employers by clarifying the relationship between the Texas Worker’s Compensation Act and the federal Family Medical Leave Act ("FMLA") in Kingsaire,…more

ADA, Anti-Retaliation Provisions, FMLA, Hiring & Firing, TX Supreme Court

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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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EEOC's New Procedure Provides Position Statements to Charging Parties

For the past few decades, information provided to the Equal Employment Opportunity Commission ("EEOC" or "Commission") has been protected from disclosure during the pendency of an investigation and to some degree after the…more

Complaint Procedures, Confidential Information, Discovery, EEOC, Employment Discrimination

See all updates »

Texas Supreme Court Rules in Favor of Jackson Walker Media Clients in Important Free Speech Case

Houston partner John K. Edwards argued before the Texas Supreme Court in September 2016 on behalf of a newspaper and reporter in an important libel case that started in 2003 concerning an article published in a Fort Bend County…more

Actual Malice, Appeals, Burden of Proof, Corruption, Free Speech

See all updates »

Texas Legislature Imposes Statutory Subordination of Real Estate Mortgages to Oil and Gas Leases

The explosive growth of oil and gas leasing and drilling in the Barnett Shale play turned an issue that had always been a nuisance for the oil and gas industry into a significant problem. When an oil and gas producer takes a…more

Mineral Leases, Mortgages, Oil & Gas, Subordination Agreement

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, Federal Aviation Administration (FAA), Foreign Corporations, Personal Jurisdiction, SCOTUS

See all updates »

The Department of Labor’s New Fiduciary Rule: Frequently Asked Questions for Private Fund Advisers

Core elements of the U.S. Department of Labor’s controversial new fiduciary investment advice rule (the “Fiduciary Rule”) became effective on June 9, 2017, despite President Trump’s February 3, 2017 memorandum ordering further…more

Best Interest Contract Exemptions, Broker-Dealer, DOL, ERISA, Fiduciary Rule

See all updates »

IRA Charitable Rollover Made Permanent

President Obama signed the Protecting Americans from Tax Hikes (PATH) Act into law on December 18, 2015. As a result, the IRA charitable rollover is now available to qualifying taxpayers on a permanent basis…more

Charitable Rollover, IRA, IRA Rollovers, Protecting Americans from Tax Hikes (PATH) Act

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The Crisis of Free Speech on Campus: Not Fake News

A recent column in the Detroit News, by John Patrick Leary, an assistant professor of English at Wayne State University, advanced the proposition that concern over the recent protests on campus over free speech is a…more

Censorship, Colleges, First Amendment, Free Speech, Protests

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Supreme Court Ruling Curtails Forum-Shopping

On Monday, the U.S. Supreme Court placed new limits on where lawsuits may be filed. In Bristol-Myers Squibb Co. v. Superior Court of California, No. 16–466 (June 19, 2017), the justices, in an eight – one decision, overturned…more

Bristol-Myers Squibb Co v Superior Court of California - San Francisco County, CA Supreme Court, Due Process, Forum Shopping, Fourteenth Amendment

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Implications of Texas' Open Carry Law for Property Owners

Texas House Bill 910, also known as the "Open Carry" bill, was signed in to law by Governor Greg Abbott on June 13, 2015. Most of the provisions of the "Open Carry" law become effective on January 1, 2016. The new "Open Carry"…more

Commercial Property Owners, Gun Laws

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Fifth Circuit Ruling Emphasizes Importance of Establishing Factual Basis for Compensating Employees Using Fluctuating Workweek Method

On August 4, 2017, the United States Court of Appeals for the Fifth Circuit issued an opinion in Hills v. Entergy Operations, Inc., addressing what it called the “tricky” and often “perplexing” task of determining a salaried…more

Appeals, Calculation of Damages, Flexible Work Arrangements, Misclassification, Non-Exempt Employees

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Temporary Injunction Blocks Enforcement of the Department of Labor’s New Overtime Rules

On November 22, 2016, District Judge Amos Mazzant, III issued a temporary injunction blocking enforcement of the Department of Labor’s new overtime rules that were set to go into effect December 1, 2016. That rule proposed to…more

Barack Obama, DOL, FLSA, Lack of Authority, Minimum Salary

See all updates »

Texas Legislature Imposes Statutory Subordination of Real Estate Mortgages to Oil and Gas Leases

The explosive growth of oil and gas leasing and drilling in the Barnett Shale play turned an issue that had always been a nuisance for the oil and gas industry into a significant problem. When an oil and gas producer takes a…more

Mineral Leases, Mortgages, Oil & Gas, Subordination Agreement

See all updates »

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 Company (LLC)

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The Double-Fraction Dilemma: Intent-Focused Inquiry Prevails

As the oil and gas industry has moved away from the legacy of the 1/8th royalty, double-fraction language has generated a multitude of disagreements as to whether a royalty interest should be construed as "fixed" or "floating"…more

Gas Royalties, Intent of the Parties, Inter Vivos Gifts, Mineral Leases, Oil & Gas

See all updates »

Dallas Court of Appeals Reverses Landmark Judgment on Common Law Partnership and Joint Venture Claims

On July 18, 2017, the Dallas Court of Appeals issued its long-awaited decision in Enterprise Products Partners, L.P. v. Energy Transfer Partners, L.P., reversing the Dallas County District Court’s judgment that awarded ETP more…more

Appeals, Breach of Contract, Breach of Duty, Burden of Proof, Common Law Claims

See all updates »

Investment Adviser and SEC Agree to Settle Charges Arising out of Failure to Adopt Written Cybersecurity Policies Required by the Safeguards Rule

The SEC charged investment adviser R.T. Jones with willfully violating the Safeguards Rule by failing to adopt written policies and procedures designed to protect customer records and information. The Safeguards Rule requires…more

Cease and Desist Orders, Civil Monetary Penalty, Credit Monitoring, Cyber Attacks, Cybersecurity

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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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CMS Issues Final Rule, Making it Easier to Sue Nursing Facilities

Beginning November 28, 2016, pre-dispute arbitration agreements will no longer be permissible for skilled nursing facilities and nursing facilities participating in the Medicare and Medicaid programs. 42 C.F.R. § 483.70(n). On…more

CMS, Medicaid, Medicare, Nursing Homes, Pre-Dispute Arbitration

See all updates »

Temporary Injunction Blocks Enforcement of the Department of Labor’s New Overtime Rules

On November 22, 2016, District Judge Amos Mazzant, III issued a temporary injunction blocking enforcement of the Department of Labor’s new overtime rules that were set to go into effect December 1, 2016. That rule proposed to…more

Barack Obama, DOL, FLSA, Lack of Authority, Minimum Salary

See all updates »

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, Federal Aviation Administration (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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New Law Continues to Require Out-of-Network Facility-Based Physicians to Notify Patients of Mediation Rights

Early last week, Gov. Greg Abbott signed SB 481 into law. The new law, which will become effective on September 1st, gives Texas consumers the option to mediate medical bills that they receive from out-of-network facility-based…more

Billing, Healthcare, Mediation, New Legislation, Out of Network Provider

See all updates »

Time to Transfer Early Stage Investments?

New rules may stop “cheap” transfers of business interests to kids and grandkids. Proposed IRS regulations that may be effective as early as the end of 2016 are designed to severely limit use of discounts on gifts or sales of…more

Business Valuations, Estate Planning, Estate Tax, Family Businesses, Generation-Skipping Transfer

See all updates »

Halloween Tax Alert: Beware of the IRS "Wealth Squad"

What’s scarier than zombies, clowns, or vampires? The dreaded Global High-Wealth Industry Group, a/k/a the IRS’s “Wealth Squad.” The Wealth Squad is comprised of highly-specialized examiners and other professionals whose sole…more

High Net-Worth, Income Taxes, IRS, Wealth Management, Wealth Squad Examiners

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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, JPMorgan Chase, Loans, Mortgages, Putative Class Actions

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A Prevailing Party May Now Recover Attorney’s Fees in a Vested Rights Dispute

Chapter 245 of the Texas Local Government Code (the “Vested Rights Statute”), provides a regulatory scheme in which developers and the public may rely upon regulations of a regulatory agency in effect at the time an initial…more

Attorney's Fees, County Planning Commissions, Land Developers, Land Use Restrictions, Land-Use Permits

See all updates »

Rev. Proc. 2016-44: Greater Flexibility in IRS Safe Harbor for Management Contracts

Recently, the IRS released a safe harbor from private use of tax-exempt bond-financed facilities for management contracts that profoundly changes the safe harbors that have been in place under Rev. Proc. 97-13 for almost 20…more

Healthcare Facilities, Internal Revenue Code (IRC), IRS, Management Contracts, Public Financing

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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, FDIC, Landlords, Letter of Credit, Security Deposits

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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

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KISSing SAFEly or SAFEly KISSing: The New Financing Instruments for Startups

As the startup community continues to expand around the country, there is an ever-growing need to understand different ways that a company can structure early stage financing so that it can be equipped to discuss with its first…more

Angel Investors, Convertible Notes, Crowdfunding, Financing, Future Equity

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Of Free Speech and Thick Skin

It was a memorable 42nd season for Saturday Night Live, bookended by oddly compelling versions of “Hallelujah” by Kate McKinnon’s Hillary Clinton and Alec Baldwin’s Donald Trump. It has not been such a good season for the First…more

Chilling Effect, First Amendment, Free Speech, George W Bush, Journalists

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SEC Adopts Final Crowdfunding Rules

On October 30, 2015, the U.S. Securities and Exchange Commission adopted final rules permitting issuers to use crowdfunding to raise capital. The rules, which were originally proposed more than two years ago pursuant to Title…more

Capital Raising, Crowdfunding, Funding Portal, JOBS Act, Offerings

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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, Renewable Energy, Wind Power

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Hedging Oil & Gas Production

The recent, dramatic decline in the price of oil illustrates the risk that every oil and gas producer has to declining energy commodity prices. This paper discusses various methods for “hedging” or reducing price risk. In…more

Commodities, Commodity Futures Contracts, Dodd-Frank, Exchange-Traded Products, ISDA Master Agreement

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The Double-Fraction Dilemma: Intent-Focused Inquiry Prevails

As the oil and gas industry has moved away from the legacy of the 1/8th royalty, double-fraction language has generated a multitude of disagreements as to whether a royalty interest should be construed as "fixed" or "floating"…more

Gas Royalties, Intent of the Parties, Inter Vivos Gifts, Mineral Leases, Oil & Gas

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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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The Department of Labor’s New Fiduciary Rule: Frequently Asked Questions for Private Fund Advisers

Core elements of the U.S. Department of Labor’s controversial new fiduciary investment advice rule (the “Fiduciary Rule”) became effective on June 9, 2017, despite President Trump’s February 3, 2017 memorandum ordering further…more

Best Interest Contract Exemptions, Broker-Dealer, DOL, ERISA, Fiduciary Rule

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Department of Justice and Federal Trade Commission Issue Antitrust Liability Guidance for Human Resource Executives

In late October, the Federal Trade Commission and the Antitrust Division of the United States Department of Justice warned human resources professionals that so-called “no-poaching” agreements, in which companies agree not to…more

Antitrust Violations, DOJ, FTC, Hiring & Firing, Human Resources Professionals

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Supreme Court Fells North Carolina Statute on First Amendment Grounds, Recognizes Cyberspace and Social Media As the Most Important Places For the Exchange of Views - Jackson Walker

Yesterday’s unanimous ruling by the U.S. Supreme Court in Packingham v. North Carolina is one of the first decisions in which the Court has addressed broadly the relationship between the First Amendment and social media, modern…more

Appeals, Constitutional Challenges, Criminal Convictions, First Amendment, Free Speech

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SEC Adopts Final Crowdfunding Rules

On October 30, 2015, the U.S. Securities and Exchange Commission adopted final rules permitting issuers to use crowdfunding to raise capital. The rules, which were originally proposed more than two years ago pursuant to Title…more

Capital Raising, Crowdfunding, Funding Portal, JOBS Act, Offerings

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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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Insurers May Not Terminate Physicians for Recommending Out-of-Network Providers

Under a new Texas law, effective September 1, 2015, health maintenance organizations (HMOs) and Preferred Provider Benefit Plans (PPO) (collectively referred to as "Insurers") can no longer terminate a physician from their…more

Contract Termination, Health Insurance, HMOs, Out of Network Provider, Patient Referrals

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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 Sales and Use Tax Issues

In This Presentation: - Senate Bill 1396 - Certificated Carriers - Sale for Resale Clarified and Expanded - Use Tax Presumption of Texas Use - Related Party Transactions - Fractional…more

Aircraft Sales, Federal Aviation Administration (FAA), New Legislation, Related Parties, Resale Exemption

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Class Action Report - October 2016

As the Supreme Court begins its new term, the trajectory of its recent class certification guidance will be a key issue for many. The spring and summer of 2016 delivered significant new contours in class certification precedent…more

Article III, Causation, Certiorari, Class Action, Class Certification

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OIG Again Cautions Providers (And Physicians) About Non-Compliant Physician Compensation Arrangements

On June 9, 2015, the Office of Inspector General ("OIG") of the Department of Health & Human Services issued a Fraud Alert reprising a familiar theme: ensuring that physician compensation arrangements comply with the…more

Anti-Kickback Statute, Fraud Alerts, Health Care Providers, HHS, OIG

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EEOC Issues Game-Changing Decision on Sexual Orientation Discrimination

Following the 2012 Equal Employment Opportunity Commission decision of Macy v. Bureau of Alcohol, Tobacco, Firearms and Explosives and the United States Supreme Court Obergefell v. Hodges decision, the EEOC has issued a decision…more

Chevron Deference, EEOC, Federal Aviation Administration (FAA), Hiring & Firing, Lateral Hiring

See all updates »

Nasi joins Texas and West Virginia attorney generals at TPPF event about Clean Power Plan

Mike Nasi, partner in our Austin office, joined Texas Attorney General Ken Paxton and West Virginia Attorney General Patrick Morrissey at a Texas Public Policy Foundation (TPPF) event to discuss the Clean Power Plan rules in…more

Clean Air Act, Clean Power Plan, Climate Change, Coal-Fired Generation, Energy Sector

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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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Upon Further Review: Supreme Court Ruling Means “Redskins” Trademark Registrations Are Still In Play

This week the U.S. Supreme Court held the “disparagement clause” – a federal trademark provision that prohibits the registration of a trademark “which may disparage” . . . persons, . . . , institutions, . . . beliefs, or…more

Disparagement, First Amendment, Football, Free Speech, Lanham Act

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Laches Remains a Valid Defense to Patent Infringement Notwithstanding 'Petrella v. Metro-Goldwyn-Mayer'

On Friday, September 18, 2015, the Federal Circuit sitting en banc, confirmed in SCA Hygiene Products v. First Quality Baby Products that the common law doctrine of laches is still a viable defense to patent infringement when…more

Copyright Infringement, Damages, Laches, Lanham Act, Limitation Periods

See all updates »

Hedging Oil & Gas Production

The recent, dramatic decline in the price of oil illustrates the risk that every oil and gas producer has to declining energy commodity prices. This paper discusses various methods for “hedging” or reducing price risk. In…more

Commodities, Commodity Futures Contracts, Dodd-Frank, Exchange-Traded Products, ISDA Master Agreement

See all updates »

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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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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Public Information Act: Trade Secret Loophole Threatens Government Transparency

Do you trust your government (and what it does with your tax dollars)? If you answered, “No”—or even hesitated a bit—then you probably believe in government transparency. In Texas, a key to open government for citizens and news…more

Appeals, Boeing, Competitive Bidding, Confidential Information, Exceptions

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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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Dallas Court of Appeals Reverses Landmark Judgment on Common Law Partnership and Joint Venture Claims

On July 18, 2017, the Dallas Court of Appeals issued its long-awaited decision in Enterprise Products Partners, L.P. v. Energy Transfer Partners, L.P., reversing the Dallas County District Court’s judgment that awarded ETP more…more

Appeals, Breach of Contract, Breach of Duty, Burden of Proof, Common Law Claims

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Supreme Court Holds Sale of Patented Product Exhausts All Patent Rights

In a nearly unanimous opinion issued recently, the U.S. Supreme Court held “a patentee’s decision to sell a product exhausts all of its patent rights in that item, regardless of any restrictions the patentee purports to impose…more

Breach of Contract, Exports, First Sale Doctrine, Foreign Sales, Imports

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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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Case Study: Setting Up A United States Business

In This Presentation: I. Introduction – UK Consulting Company History: 1. Established UK company with foreign subsidiaries. Core business is sale of consulting services to E&P companies and proprietary…more

Board of Directors, Business Formation, Corporate Governance, Foreign Corporations, Foreign Subsidiaries

See all updates »

Another Successful First Amendment Challenge to the Prohibition of Off-Label Promotion for FDA-Approved Drugs

The Free Speech Clause of the First Amendment prevailed in the latest challenge to the FDA's prohibition against marketing FDA-approved drugs for off-label (or non-FDA-approved) uses. Applying the Second Circuit’s…more

Advertising, Amarin, Commercial Speech, Drug Approvals, FDA

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Another Successful First Amendment Challenge to the Prohibition of Off-Label Promotion for FDA-Approved Drugs: Part Two

The Free Speech Clause notched another victory in the latest and, perhaps, final chapter of the lawsuit between the FDA and Amarin Pharma, Inc. concerning off-label marketing of an FDA-approved drug. On March 8, 2016, the FDA…more

Amarin, FDA, FDA Approval, First Amendment, Free Speech

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Using Supplier Agreements as Patent Litigation Insurance

In a recent article written for Today’s General Counsel, patent attorney Wasif Qureshi discusses how customers can lessen risks when sued for patent infringement as a result of using technology obtained from a third party…more

Indemnification Clauses, Intellectual Property Protection, Litigation Insurance, Patent Infringement, Patent Litigation

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Another Successful First Amendment Challenge to the Prohibition of Off-Label Promotion for FDA-Approved Drugs: Part Two

The Free Speech Clause notched another victory in the latest and, perhaps, final chapter of the lawsuit between the FDA and Amarin Pharma, Inc. concerning off-label marketing of an FDA-approved drug. On March 8, 2016, the FDA…more

Amarin, FDA, FDA Approval, First Amendment, Free Speech

See all updates »

Appeals Court Decision Requires Air Emissions Reporting for Animal Waste

On April 11, 2017, the U.S. Court of Appeals for the D. C. Circuit vacated a 2008 EPA rule, which had exempted certain agricultural operations from federal air emission reporting requirements..…more

Agricultural Sector, Air Pollution, Appeals, CERCLA, Chevron Deference

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New Texas Rule Regarding the Disposal of Fetal Tissue Stayed

The Texas Department of State Health Services recently issued a final rule implementing updated methods for the disposal of special waste from health care facilities, which includes fetal tissue. As such, the new rule would…more

Final Rules, Health Care Providers, Healthcare Facilities, New Regulations, Preliminary Injunctions

See all updates »

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, Fracking, Horizontal Wells, Mineral Leases

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Upon Further Review: Supreme Court Ruling Means “Redskins” Trademark Registrations Are Still In Play

This week the U.S. Supreme Court held the “disparagement clause” – a federal trademark provision that prohibits the registration of a trademark “which may disparage” . . . persons, . . . , institutions, . . . beliefs, or…more

Disparagement, First Amendment, Football, Free Speech, Lanham Act

See all updates »

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

See all updates »

Are Ex Parte Reexaminations An Overlooked Method of Challenging Patents?

In the wake of the September 16, 2011, enactment of the America Invents Act (“AIA”), many third-party individuals and organizations began utilizing the newly created post-grant proceedings to challenge the validity of issued…more

America Invents Act, Ex Partes Reexamination, Inter Partes Review (IPR) Proceeding, Patent Infringement, Patents

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Looks Like Frack is Back, Governor Abbott Signs House Bill 40

Yesterday, Governor Gregg Abbott signed into law House Bill 40, also known as the Denton Fracking Bill, which leaves municipalities with minimal power to regulate the oil and gas industry. The bill takes effect immediately and…more

Fracking, Fracking Bans, Local Ordinance, Municipalities, New Legislation

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Considerations and Consequences of a Bankruptcy Filing in the Oil and Gas Industry

A Chapter 11 bankruptcy filing of an oil and gas company will likely have broad implications for a wide range of parties. Certain pervasive agreements in today’s oil and gas industry generate substantial, high-dollar…more

Assignments, Bankruptcy Code, Chapter 11, Commercial Bankruptcy, Commercial Leases

See all updates »

FTC Announces Hart-Scott-Rodino Thresholds for 2017

On January 26, 2017, the Federal Trade Commission (“FTC”) published in the Federal Register adjusted jurisdictional and filing fee thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (the “HSR…more

Acquisitions, DOJ, FTC, Hart-Scott-Rodino Act, Mergers

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Temporary Injunction Blocks Enforcement of the Department of Labor’s New Overtime Rules

On November 22, 2016, District Judge Amos Mazzant, III issued a temporary injunction blocking enforcement of the Department of Labor’s new overtime rules that were set to go into effect December 1, 2016. That rule proposed to…more

Barack Obama, DOL, FLSA, Lack of Authority, Minimum Salary

See all updates »

Latest Developments in Arbitration for the Construction Law Practitioner

G. T. Leach Builders V. Sapphire V.P.: Non-Signatories’ Right to Compel Arbitration; Waiver of Right to Arbitrate - By far, the most recent, significant arbitration development for construction law practitioners was the…more

Arbitration, Builder's Risk Exclusion, Condominiums, Construction Industry, Construction Project

See all updates »

Supreme Court Ruling Curtails Forum-Shopping

On Monday, the U.S. Supreme Court placed new limits on where lawsuits may be filed. In Bristol-Myers Squibb Co. v. Superior Court of California, No. 16–466 (June 19, 2017), the justices, in an eight – one decision, overturned…more

Bristol-Myers Squibb Co v Superior Court of California - San Francisco County, CA Supreme Court, Due Process, Forum Shopping, Fourteenth Amendment

See all updates »

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, JPMorgan Chase, Loans, Mortgages, Putative Class Actions

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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

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CMS Issues Final Rule, Making it Easier to Sue Nursing Facilities

Beginning November 28, 2016, pre-dispute arbitration agreements will no longer be permissible for skilled nursing facilities and nursing facilities participating in the Medicare and Medicaid programs. 42 C.F.R. § 483.70(n). On…more

CMS, Medicaid, Medicare, Nursing Homes, Pre-Dispute Arbitration

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New Texas Rule Regarding the Disposal of Fetal Tissue Stayed

The Texas Department of State Health Services recently issued a final rule implementing updated methods for the disposal of special waste from health care facilities, which includes fetal tissue. As such, the new rule would…more

Final Rules, Health Care Providers, Healthcare Facilities, New Regulations, Preliminary Injunctions

See all updates »

Nate Smithson Provides an Update on Tax Reform

Jackson Walker partner Nate Smithson has prepared an updated guide to tax reform under the Trump administration. The guide covers tax brackets, deductions, capital gains, and other relevant topics in tax law. Please see full…more

3.8% Medicare Tax, Affordable Care Act, Alternative Minimum Tax, Business Taxes, Capital Gains

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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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The Trump Administration Retweets and Retreats

Perhaps now more than ever before, Twitter takes center stage for social and public discourse. Many have wryly commented that we elected a “Tweeter-in-Chief” with President Trump, due to his prolific tweeting about everything…more

Administrative Agencies, First Amendment, Former Employee, Identity of Interest, Political Speech

See all updates »

Mandatory BEA Filings: Have You Complied?

Is your business owned, directly or indirectly, 10 percent or more by a foreign party? Does your business own, directly or indirectly, 10 percent or more of a foreign party? If so, your business may have the legal…more

BEA, Bureau of Economic Analysis, Filing Requirements, Foreign Affiliates, Foreign Direct Investment

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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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Case Study: Setting Up A United States Business

In This Presentation: I. Introduction – UK Consulting Company History: 1. Established UK company with foreign subsidiaries. Core business is sale of consulting services to E&P companies and proprietary…more

Board of Directors, Business Formation, Corporate Governance, Foreign Corporations, Foreign Subsidiaries

See all updates »

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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I Can Fly it For Fun–Why Not For Profit? Proposed FAA Rules For Unmanned Aerial Vehicles

Every week, it seems you hear another business is using unmanned aerial vehicles. So why are you, or your company, still grounded? That could change soon…more

Certifications, Commercial Use, Drones, Exemptions, Federal Aviation Administration (FAA)

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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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Tex. Sup. Court Clarifies the Duties of a Non-Subscribing Employer in the Face of Known Dangers

Late last week, the Texas Supreme Court clarified duties of employers for premises defects and declared that they have multiple duties to invitees/employees who come onto their property facing known dangerous…more

Business Invitees, Dangerous Condition, Duty of Care, Duty to Warn, Employee Rights

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Intellectual Property Issues in Bankruptcy and the Exclusion of Trademark Licenses from the Definition of Intellectual Property

The Bankruptcy Code divides intellectual property into distinct categories depending upon the particular type of intellectual property. Issues with respect to intellectual property can be of utmost importance in bankruptcy, as a…more

Commercial Bankruptcy, Creditors, Debtors, Exemptions, IP Assignment Agreements

See all updates »

Mandatory BEA Filings: Have You Complied?

Is your business owned, directly or indirectly, 10 percent or more by a foreign party? Does your business own, directly or indirectly, 10 percent or more of a foreign party? If so, your business may have the legal…more

BEA, Bureau of Economic Analysis, Filing Requirements, Foreign Affiliates, Foreign Direct Investment

See all updates »

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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Hedging Oil & Gas Production

The recent, dramatic decline in the price of oil illustrates the risk that every oil and gas producer has to declining energy commodity prices. This paper discusses various methods for “hedging” or reducing price risk. In…more

Commodities, Commodity Futures Contracts, Dodd-Frank, Exchange-Traded Products, ISDA Master Agreement

See all updates »

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

See all updates »

EEOC Issues Game-Changing Decision on Sexual Orientation Discrimination

Following the 2012 Equal Employment Opportunity Commission decision of Macy v. Bureau of Alcohol, Tobacco, Firearms and Explosives and the United States Supreme Court Obergefell v. Hodges decision, the EEOC has issued a decision…more

Chevron Deference, EEOC, Federal Aviation Administration (FAA), Hiring & Firing, Lateral Hiring

See all updates »

A double defeat for EPA on regional haze regulations

On Friday, July 15, 2016, the U.S. Court of Appeals for the Fifth Circuit handed the United States Environmental Protection Agency (“EPA”) a stinging double defeat on its partial disapproval of Texas’ regional haze rule (the…more

Air Pollution, Clean Air Act, Energy Sector, EPA, Federal Implementation Plans (FIP)

See all updates »

Supreme Court Ruling Curtails Forum-Shopping

On Monday, the U.S. Supreme Court placed new limits on where lawsuits may be filed. In Bristol-Myers Squibb Co. v. Superior Court of California, No. 16–466 (June 19, 2017), the justices, in an eight – one decision, overturned…more

Bristol-Myers Squibb Co v Superior Court of California - San Francisco County, CA Supreme Court, Due Process, Forum Shopping, Fourteenth Amendment

See all updates »

Considerations and Consequences of a Bankruptcy Filing in the Oil and Gas Industry

A Chapter 11 bankruptcy filing of an oil and gas company will likely have broad implications for a wide range of parties. Certain pervasive agreements in today’s oil and gas industry generate substantial, high-dollar…more

Assignments, Bankruptcy Code, Chapter 11, Commercial Bankruptcy, Commercial Leases

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

See all updates »

Temporary Injunction Blocks Enforcement of the Department of Labor’s New Overtime Rules

On November 22, 2016, District Judge Amos Mazzant, III issued a temporary injunction blocking enforcement of the Department of Labor’s new overtime rules that were set to go into effect December 1, 2016. That rule proposed to…more

Barack Obama, DOL, FLSA, Lack of Authority, Minimum Salary

See all updates »

Why Lawyers and Firms Should Actively Manage Their Online Presence

The need for due diligence research is high for both law firms and their clients. Now more than ever, firms are researching attorney candidates before they are hired. Likewise, clients looking to hire an attorney or firm are…more

Background Checks, Due Diligence, Lateral Hiring, Law Practice Management, Legal Recruiting

See all updates »

Class Action Report - October 2016

As the Supreme Court begins its new term, the trajectory of its recent class certification guidance will be a key issue for many. The spring and summer of 2016 delivered significant new contours in class certification precedent…more

Article III, Causation, Certiorari, Class Action, Class Certification

See all updates »

Members of U.S. Women's National Soccer Team Claim U.S. Soccer Should Be Assessed a "Red Card" for Its Payment of Female Athletes

On March 31, 2016, five key members of the U.S. Women's National Soccer Team announced their filing of a wage discrimination complaint with the Equal Employment Opportunity Commission ("EEOC") against the U.S. Soccer Federation…more

EEO-1, EEOC, Equal Pay Act, Gender-Based Pay Discrimination, Soccer

See all updates »

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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Who’s Responsible for Policing Fake News?

For many of us, gone are the days of reading the morning newspaper over a cup of coffee. Instead, the majority of U.S. adults now obtain their news via social media. We’ve grown accustomed to having information at our…more

Facebook, Fake News, First Amendment, Freedom of the Press, Google

See all updates »

The Trump Administration Retweets and Retreats

Perhaps now more than ever before, Twitter takes center stage for social and public discourse. Many have wryly commented that we elected a “Tweeter-in-Chief” with President Trump, due to his prolific tweeting about everything…more

Administrative Agencies, First Amendment, Former Employee, Identity of Interest, Political Speech

See all updates »

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