Defamation law is once again center stage in the national headline-grabbing $1.6 billion Dominion Voter Systems v. Fox News defamation case. There, Dominion alleges Fox News published false and defamatory statements of fact about Dominion in news coverage regarding the 2020 U.S. presidential election. Defamation law is often misunderstood and offers an array of potential […]
Category: Commercial Litigation
The Ins and Outs of Recovering Attorneys’ Fees in Breach of Contract Disputes under Texas Law
When parties enter into a contract, they have expectations about what the other party will deliver or perform. Unfortunately, not all contracts are fulfilled as intended, and disputes can arise. When one party breaches the contract, the other party may suffer financial losses, including legal fees incurred in pursuing a breach of contract claim. […]
Top 10 Reasons to Remove to Federal Court
What is removal? Removal is the process of transferring (commonly called “removing”) a case from state court to federal court. If they so choose, defendants can remove a case if it could have been initially filed in federal court, with some exceptions. State courts play no part in deciding whether a case is removed. Once […]
Crafting Tailored Protective Orders for Early Entry
Given Rule 194 disclosures are now due within 30 days after the first answer is filed, protection of valuable and competitively sensitive information takes center-stage at the outset of a case. Although management of this confidential information is at the heart of many business disputes, attorneys often rely on “one-size-fits-all” forms rather than crafting protective […]
Rule 202 Petitions for Pre-suit Discovery
While most states’ rules and the federal rules allow some form of pre-suit discovery, Rule 202 of the Texas Rules of Civil Procedure grants courts significantly broad power to investigate potential claims. Rule 202 allows the petitioner to obtain deposition testimony and documents for use in an anticipated suit or to investigate a potential claim […]
Non-Competition Agreements in Texas
Non-competition agreements—commonly known as “non-competes”—are oft-litigated agreements between employers and employees. They are designed to protect a company’s competitive interests while maintaining an employee’s at-will employment rights. Most employees, however, don’t pay attention to their non-compete until they leave their job; worse, a prior employer threatens legal recourse. Whether you are an employee looking to […]
Non-Disclosure Agreement (NDA) Basics
A non-disclosure agreement (NDA) is a legal covenant between parties that protects sensitive information from being disclosed to competitors and other parties. In Texas, an NDA is commonly referred to as a “confidentiality agreement.” Putting an NDA in place is essential for any company seeking to prevent a current or former employee from disclosing or […]