Author Info for Hicks Johnson

Fatima Aslam

The Sun Has Finally Set on NAFTA: Investor-State Arbitration Under the USMCA

On July 1, 2020, the United States-Mexico-Canada Agreement (USMCA) took effect, replacing the 1994 North American Free Trade Agreement (NAFTA). The USMCA provides a three-year sunset period for investors to submit arbitration…more

Cross-Border Transactions, NAFTA, Trade Relations, United States-Mexico-Canada Agreement (USMCA), US Trade Policies

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Jennifer Cordell

Supreme Court Takes on the Chevron Doctrine

On January 17, 2024, the Supreme Court heard oral arguments in tandem cases Loper Bright Enterprises v. Raimondo and Relentless, Inc., et al. v. Dept. of Commerce, et al., which ask whether the court should overrule one of its…more

Chevron Deference, FERC, Loper Bright Enterprises v Raimondo, Magnuson-Stevens Act (MSA), National Marine Fisheries Service

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Persis Dean

With the SEC’s New Climate Disclosure Rules on Pause, What Should Registrants Expect?

On March 6, 2024, the Securities and Exchange Commission (SEC) voted 3-2 to adopt final rules requiring registrants to disclose climate-related information in their registration statements and period reports (the Rules), two…more

Climate Change, Corporate Governance, Corporate Social Responsibility, Disclosure Requirements, Environmental Social & Governance (ESG)

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Adam Dinnell

Causation Issues in PFAS Litigation: Where Did the “Forever” Chemical Come From?

Per- and poly-fluoroalkyl substances, also known as PFAS, are synthetic, broadly used chemicals. Frequently referred to as “forever chemicals,” they have been subjected to rigorous scrutiny by the Environmental Protection…more

Causation, CERCLA, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA)

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Dave Finkel

Four Years of McGirt: Reviewing Changes in Tax, Energy, and Criminal Law

Four years on from the Supreme Court’s monumental decision in McGirt v. Oklahoma, the results have been a mixed bag for all parties involved. In our previous McGirt update, we detailed potential tax and regulatory implications…more

Criminal Prosecution, Department of the Interior, McGirt v Oklahoma, Popular, SCOTUS

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Adam Greiner

Texas Supreme Court Ruling Limits Governmental Immunity in Contract Disputes

On April 12, 2024, the Texas Supreme Court handed down two decisions clarifying its interpretation of governmental immunity and waiver under Section 271.152 of the Texas Local Government Code. Governmental units, including…more

Contract Disputes, Enforcement Actions, Governmental Immunity, Groundwater, TX Supreme Court

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Andrew Hicks

Four Years of McGirt: Reviewing Changes in Tax, Energy, and Criminal Law

Four years on from the Supreme Court’s monumental decision in McGirt v. Oklahoma, the results have been a mixed bag for all parties involved. In our previous McGirt update, we detailed potential tax and regulatory implications…more

Criminal Prosecution, Department of the Interior, McGirt v Oklahoma, Popular, SCOTUS

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Fraser Holmes

The FTC’s Ban on Non-Competes: What Businesses Need to Know

On April 23, 2024, the Federal Trade Commission (FTC) announced its final Rule (16 CFR Part 910) that bans non-compete clauses for most workers as unfair competition under federal law, specifically Section 5 of the FTC Act (15…more

Employment Contract, Federal Bans, Federal Trade Commission (FTC), Final Rules, FTC Act

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Logan Johnson

A Perfect Storm: How Will Contracts Be Impacted by Conditions in Texas?

Arctic cold and historic snowfall this February have caused substantial disruption nationwide, in particular in the state of Texas. Widespread, record low temperatures, combined with unprecedented demand on the power supply,…more

Contract Terms, Force Majeure Clause, Natural Disasters, Severe Weather, Supply Chain

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Katherine Ring

New Bill Will Streamline Civil Litigation in Texas Court

On Friday, May 12, the Texas Senate passed a bill that would create a specialized business court to oversee complex civil litigation. The state senators voted 24 to 6 to approve H.B. 19, which was passed by the Texas House…more

Business Court, Complex Litigation, Corporate Counsel, Governor Abbott, Jurisdiction

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Gabe Slater

With the SEC’s New Climate Disclosure Rules on Pause, What Should Registrants Expect?

On March 6, 2024, the Securities and Exchange Commission (SEC) voted 3-2 to adopt final rules requiring registrants to disclose climate-related information in their registration statements and period reports (the Rules), two…more

Climate Change, Corporate Governance, Corporate Social Responsibility, Disclosure Requirements, Environmental Social & Governance (ESG)

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Marc S. Tabolsky

Sackler Family’s Fate in the Supreme Court Is Poised to Transform Texas Bankruptcy Law

On December 4, 2023, the Supreme Court will hear oral argument in a case that may have major implications for bankruptcy law in the Fifth Circuit. While the Fifth Circuit (along with the Ninth and Tenth Circuits) has held that…more

Bankruptcy Code, Chapter 11, Non-Debtors, Oral Argument, Purdue Pharma

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Brandon Winchester

The FTC’s Ban on Non-Competes: What Businesses Need to Know

On April 23, 2024, the Federal Trade Commission (FTC) announced its final Rule (16 CFR Part 910) that bans non-compete clauses for most workers as unfair competition under federal law, specifically Section 5 of the FTC Act (15…more

Employment Contract, Federal Bans, Federal Trade Commission (FTC), Final Rules, FTC Act

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Varant Yegparian

How Should Litigators Establish Evidence in Trade Secret Cases? Part Three: Evidentiary Concerns

Like any other type of litigation, trade secret cases rise or fall on the strength of the evidence that can be put before the factfinder. Yet before a lawyer can focus on what evidence they have to make or defend their case,…more

Confidential Information, Evidence, Intellectual Property Protection, Litigation Strategies, Trade Secrets

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Hicks Johnson

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