Come November, the United States citizens will vote for the next president. While all presidential elections cause differences of opinion (and sometimes hurt feelings), when can an employee talk politics at work? When can...more
This week, the Court considers a public employee’s claimed First Amendment right to speak about an investigation into his misconduct, and whether a prior action for contribution under the Comprehensive Environmental Response,...more
Public employers have interests that differ from private employers. While both types of employers seek to increase their revenues, public employers have additional concerns that can take priority over short-term budgetary...more
A Texas court reaffirmed last month that truth is still a strong defense, at the summary judgment stage, to a defamation claim against a newspaper regarding a matter of public concern. In Gallaher v. Denton Media Company, the...more
The murder of George Floyd in May 2020 ignited a long-overdue global movement for racial justice, with communities across the United States and around the world unifying to demand change. In the immediate aftermath of...more
Lawsuits are what make the legal world go ‘round. Without some form of legal proceeding that allows you to pursue some form of recourse for mistakes and misdeeds, it would be hard to get people and corporations to do the...more
As the national conscience has elevated after the death of George Floyd regarding social justice and racial equality, many employers have begun to self-reflect on their own standing with communities of color and the Black...more
As cities across the country begin to reopen, companies and public health officials look for ways to combat the spread of COVID-19. One such way is through contact tracing apps. Of course, such apps come with it the...more
The killing of George Floyd by police in Minneapolis and the unnecessary deaths of Breonna Taylor and Ahmaud Arbery have stirred deep emotions in our communities along with global outcry for change. Many people, including our...more
The California Consumer Privacy Act (CCPA) that went into effect on January 1, 2020 provided for a grace period to allow companies additional time to come into compliance with the new regulation. That grace period ensured the...more
The 2019 Texas Legislative session will be remembered for several hard-won victories by a coalition of advocates for free expression, news reporting, and open access to government records led by Jackson Walker client the...more
On June 26, 2019, the Minnesota Supreme Court held that a private plaintiff may not recover presumed damages for defamatory statements involving a matter of public concern unless the plaintiff can establish actual malice....more
In all facets of persuasion, and human communication for that matter, we are now used to dealing with a pretty polarized world. Addressing or responding to anything having to do with current events always involves a quick...more
Many have observed the continued decline of the civil jury trial. One reason trial by jury is falling out of favor in civil disputes is that parties and counsel treat it like the ultimate mystery, and this uncertainty makes...more
The divide between law enforcement and the African-American community is a hot topic, but what happens when the two meet? In her Daily Journal article “When law enforcement and community meet,” Partner Angela Powell discusses...more
Lately, we’ve been seeing more cases in which public-sector employees accuse their governmental employer of violating the First Amendment to the U.S. Constitution. Such claims can arise in many ways, but with the...more
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...more
On November 19, 2014, Sabrina Erdely’s Rolling Stone article “A Rape on Campus: A Brutal Assault and Struggle for Justice at UVA” went viral. The article depicted the violent gang rape of a University of Virginia student...more
When is a “joke” so not funny that you lose your job? The Mississippi Court of Appeals gave some direction on that question, affirming the City of Meridian’s termination of a police officer for an inappropriate (arguably...more
Post-Election Analysis: Healthcare Antitrust in a Trump Administration - In a Republican sweep of all the elected branches of the federal government, Donald Trump won the presidential election and Republicans retained...more
Houston partner John K. Edwards recently argued before the Texas Supreme Court 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
Elected Officials’ Free Speech Rights Analyzed - Individual elected officials are exercising their right to free speech when they cast their votes — even if those votes might be the result of corruption or based in a...more
It has long been recognized as a matter of federal constitutional law that public employees cannot be deprived by the government of their right to freedom of speech protected by the First Amendment, even though the government...more
Our friends over at the EdLawConnectBlog in California published a blog about an interesting case from the Golden State that school leaders from across the country may find interesting. The case addressed whether school...more
Connecticut whistleblowers were handed a siren to sound the alarm on employers this week. In interpreting the state constitution in Trusz v. UBS Realty Investors, LLC, SC 19323 (Conn. Sup. Ct., official release Oct. 13,...more