In the digital age, businesses may assume that firewalls, login credentials and restricted access are enough to shield proprietary data. But a recent federal court decision shows that a “trade secret” under the Defend Trade...more
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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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
A Texas federal judge affirmed the impending prevalence of artificial intelligence (AI) in the law, while emphasizing the enduring importance of human lawyers....more
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
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