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Trade Secrets: What You Should Know From 2024 to Prepare for 2025

Summary - Trade secrets remain crucial to companies around the world, preserving their most sensitive and valuable information. From energy to healthcare to agriculture, companies in every industry seek to better develop,...more

Employers Beware: The Rise of AI (Regulation) in Illinois, Colorado and California

Artificial Intelligence continues to transform the world and the workplace. Now, more than ever, regulators seek to balance the benefits of new AI technology with its risks. As previously reported, federal, state, and foreign...more

Producers May Subtract Gas Used to Power Post-Production Activities From “At-the-Well” Royalty Payments

In Carl v. Hilcorp Energy Co., the Texas Supreme Court—addressing certified questions from the Fifth Circuit—held that producers may subtract the volume of gas powering post-production activities from “at-the-well” royalty...more

Louisiana Case Clarifies That Some “Exclusive” Pipeline Servitudes May Not Be All That Exclusive

On April 10, 2024, Louisiana’s Second Circuit Court of Appeals released an important decision regarding pipeline servitudes. In ETC Tiger Pipeline, LLC v. DT Midstream, Inc. and DTM Louisiana Gathering LLC, No. 55,534-CA, the...more

Federal Court Upholds Pennsylvania Act 85, Says Cross-Unit Well Didn’t Breach Lease Agreement 

The Pennsylvania Act 85 of 2019 amended the Pennsylvania Oil and Gas Lease Act to add a section permitting cross-unit drilling. On Jan. 24, 2023, the U.S. District Court for the Middle District of Pennsylvania upheld Act 85...more

2/22/2024  /  Energy Sector , Leases , Natural Gas , Oil & Gas

Texas Appellate Court: Water Created During Fracking Is Oil and Gas Waste, Not Water

In July 2023, the El Paso Court of Appeals held that produced water created in the fracking process is considered an oil and gas waste rather than water — meaning it belonged to the mineral lessee, not the surface owners. See...more

Federal Court Denies Attempt to Enjoin Appeal Before Pennsylvania Environmental Hearing Board

On June 5, 2023, the U.S. District Court for the Middle District of Pennsylvania denied Transcontinental Gas Pipeline Co. LLC’s (Transco) attempt to enjoin an administrative appeal proceeding before the Pennsylvania...more

Ownership of Pore Space and Its Relation to Surface Estate

Land rights and interests continue to be a prominent fixture in the legal landscape. Among other things, the ownership of highly sought-after pore space has been at the center of multiple property rights cases and legislation...more

Compliance Deadlines Approaching: Pipeline Safety Mega Rule

Regulators are looking at a ticking time clock for covered entities in the gas transmission industry to ensure their compliance with the Pipeline and Hazardous Materials Safety Administration’s “Mega Rule” — a rulemaking...more

2/22/2024  /  Energy Sector , Oil & Gas , PHMSA , Pipelines

11 Key Elements of New EPA Rule Regulating Methane and VOC Emissions

On Dec. 2, 2023, the Environmental Protection Agency issued its final rule titled “Standards of Performance for New, Reconstructed, and Modified Sources and Emission Guidelines for Existing Sources: Oil and Natural Gas Sector...more

TSA Strengthens Cybersecurity Monitoring for “Critical” Pipelines and LNG Facilities

Regulatory interest in securing the nation’s energy infrastructure continued in 2023. On July 26, 2023, the Transportation Security Administration (TSA) announced significant updates to its security directive aimed at...more

Disruptive Technology Strike Force Continues Focus on Trade Secret Theft, Export Control Enforcement

The Disruptive Technology Strike Force hosted a summit on Feb. 7-8, 2024, in Phoenix, Arizona, to commemorate its one-year anniversary. The Strike Force is an interagency law enforcement effort aimed at preventing...more

Texas Supreme Court Hears Oral Argument in Major Winter Storm Uri Case

In February 2021, winter storm Uri hit Texas, causing a sharp spike in electricity demand that could not be satisfied by available generation resources, resulting in statewide blackouts. Commercial, industrial and residential...more

Sports and Trade Secrets: Are Analytics a Secret in the NBA?

As the NBA season heats up, so does some interesting trade secret litigation among NBA teams. On Aug. 21, 2023, New York Knicks LLC sued a former Knicks employee named Ikechukwu Azotam and Maple Leaf Sports & Entertainment...more

First Court of Appeals Dismisses Winter Uri Claims Against Wholesale Power Generators

In February 2021, Winter Storm Uri hit Texas, causing a sharp spike in electricity demand that could not be satisfied by available generation resources, resulting in statewide blackouts. Commercial and industrial as well as...more

Can Opposites Attract? Protecting a Company’s Intellectual Property Through Patents and Trade Secrets

While patents and trade secrets are viewed in part as opposites — patents require public disclosure, and trade secrets require confidentiality — seeking patent protection for aspects of a technology, while retaining trade...more

Winter Storm Uri Power Dispute Reaches the Supreme Court of Texas

On Sept. 29, 2023, the Supreme Court of Texas announced it will review a lower court’s reversal of two winter storm Uri orders by the Public Utility Commission of Texas (PUCT), which date back to 2021. During the historic...more

Employer Alert: Resolution of AI-Focused Writers’ Strike Sets Precedent in Hollywood and Beyond

After 148 days, the Writers Guild of America (WGA) resolved its strike against several major Hollywood studios. As writers leave the picket lines, a new labor agreement will seek to limit the use and training of generative...more

For What It’s Worth: The Increasing Importance of a Trade Secret’s Independent Economic Value

Courts and litigants have long acknowledged that, to qualify as a “trade secret,” information must have “independent economic value” derived from its secrecy. Some commentators believe this requirement has been fairly...more

Employers Beware: AI Tools May Lead to Labor Force Friction and Strikes

According to recent studies, 83% of large employers surveyed rely in some form on artificial intelligence (AI) in employment decision-making, and 86% of employers that use AI admit that it is becoming a mainstream technology...more

Disruptive Technology Strike Force Initiates Federal Prosecutions Targeting Trade Secret Theft

In early 2023, the U.S. Department of Justice and U.S. Department of Commerce launched the Disruptive Technology Strike Force to target illicit actors, strengthen supply chains and protect critical technology assets from...more

Texas Judge’s Mandate on Generative Artificial Intelligence Provides Lawyers Job Security ... For Now

A Texas federal judge affirmed the impending prevalence of artificial intelligence (AI) in the law, while emphasizing the enduring importance of human lawyers....more

Ford Finds Key to Reversing $105 Million Award in Trade Secret Case

In May 2023, the U.S. District Court for the Eastern District of Michigan overturned a jury verdict of nearly $105 million in a trade secret case. The court found that, because the plaintiff failed to provide sufficient...more

EEOC Issues Guidance on Artificial Intelligence Hiring Tools

On May 18, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) issued a new technical assistance document titled “Assessing Adverse Impact in Software, Algorithms, and Artificial Intelligence Used in Employment...more

Government Agencies Join Forces Against Bias and Discrimination in AI

On April 25, 2023, four federal government agencies released a joint statement announcing their resolve against bias and discrimination in automated systems and artificial intelligence (AI). Together, the Consumer Financial...more

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