Jackson Walker

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
| Consumer Protection, Finance & Banking, Privacy, Science, Computers, & Technology, Securities Law

Federal Court Halts Implementation of BLM Fracking Rules

On September 30, 2015, the U.S. District Court for the District of Wyoming held that the Interior Department's Bureau of Land Management ("BLM") did not have Congressional authority to promulgate and finalize hydraulic…more
| Administrative Law, Civil Remedies, Energy & Utilities, Zoning, Planning & Land Use

Stacy Allen Speaks: Newsroom Victories During the 2015 Texas Legislative Session

Sometimes, killing a bad bill can be as important as enacting a good one. So it was for newsrooms during the 2015 session of the Texas Legislature. My partner Paul Watler and I were privileged to assist the Texas Association of…more
| Communications & Media Law, Elections & Politics, Privacy

Joint Venture Governance And Business Opportunity Issues

The joint venture is a vehicle for the development of a business opportunity by two or more entities acting together, and will exist if the parties have: (1) a community of interest in the venture, (2) an agreement to share…more
| Business Organizations, Commercial Law & Contracts, Finance & Banking, Taxation

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
| Civil Procedure, Civil Remedies, Intellectual Property

If Your Business Takes Credit Cards, Are You Ready for October 1, 2015?

October 1, 2015, is the date that many payment networks, including Visa, American Express, Discover, and MasterCard, have set for a counterfeit fraud liability shift. Although that date is just around the corner, many small…more
| Commercial Law & Contracts, Consumer Protection, Finance & Banking, Privacy, Science, Computers, & Technology

Chip Babcock Speaks: In Search of Atticus Finch

Atticus Finch, who sometimes went by the name of Gregory Peck, was not a litigator. In fact, "he had a profound distaste for the practice of criminal law" and made a living mostly on people's "entailments" and making "somebody's…more
| Law Practice Products & Services

FTC v. Wyndham: Third Circuit Affirms FTC's Authority to Regulate "Unfair" Cybersecurity Practices

In a highly anticipated, precedential opinion released on August 24, 2015, the Third Circuit held that the FTC had authority to regulate cybersecurity under the unfairness prong of § 45(a) of the FTC Act and that Wyndham had…more
| Antitrust & Trade Regulation, Civil Procedure, Consumer Protection, Privacy, Science, Computers, & Technology

Where There Is A Well There Is A Way - Out Tract Title Issues Regarding Horizontal Wells

Oh for the days of simplicity when a wellbore tract meant just that—a piece of property upon which a well has been located, drilled, and touched down all within the same tract. Vertical wells were so simple for title examiners;…more
| Commercial Law & Contracts, Energy & Utilities, Real Estate - Commercial, Real Estate - Residential

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

Under a new Texas law, effective September 1, 2015, health maintenance organizations (HMOs) can no longer terminate a physician from their networks solely because the physician informs his or her patients about the full range of…more
| Health

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
| Civil Remedies, Communications & Media Law, Constitutional Law, Health, Science, Computers, & Technology

While New Methane Rules Get Most of the Attention, EPA Also Proposes New Site Aggregation Policies for the Oil and Gas Sector and Encourages Operators, Others to Comment

On August 18, 2015, the U.S. Environmental Protection Agency ("EPA") released and asked for comments on a number of proposed rules affecting the oil and gas industry. While the methane emission regulations have received the…more
| Administrative Law, Energy & Utilities, Environmental Law

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
| Commercial Law & Contracts, Energy & Utilities, Real Estate - Residential

IRS Reduces Cost to Fix Some Missed Deferral Errors

The Internal Revenue Service has issued new guidelines that should be advantageous for employers that sponsor 401(k) and 403(b) plans. The new rules reduce and, in some cases, completely eliminate the windfall in favor of…more
| Finance & Banking, Labor & Employment Law, Taxation

Declaration of (In)Dependence? New Department of Labor Guidelines on Lawful Classification of Workers as Independent Contractors

The United States Department of Labor (DOL) has fired a new salvo in its war on worker misclassification in the form of Administrator's Interpretation 2015-1, which challenges the widespread employer practice of declaring the…more
| Labor & Employment Law
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