Texas’s “business-friendly” reputation remains under threat as policymakers grapple with the fallout of a polarizing presidency and shifting demographics. There is no better example than the sweeping new bill, SB 1859, that Senator Beverly Powell (D-Burleson) introduced last week targeting student loan servicers. Elected in 2018, Sen. Powell rode an anti-Trump wave to victory
Business Litigation
In the Balance: Justices Weigh Canceling the Multi-Billion Dollar TCPA Boondoggle
“At what point do we simply say . . . this statute is an ill fit for current technology?” – Justice Clarence Thomas
Nearly 3 decades before Zack Morris ascended to the fictional governorship of California in NBC’s reboot of Saved by the Bell, he was America’s best known Preppy—the cool kid with politician hair…
Trademark and Brand Protection: Don’t Miss An Opportunity to “Trade Dress” For The Part
Most businesses are familiar with the concept of trademarking a word, logo, or slogan that serves as a unique identifier of their goods or services. After all, those are the markers that first come to mind when you think about a certain brand. But clients and practitioners often overlook another aspect of trademark protection relating…
Small Claims, Big Money: The New Small Claims Recovery Limit in Texas
In Texas, small monetary disputes may be brought before the Justice of the Peace or “JP Courts.” Most Texans are probably unfamiliar with the term and know these courts simply as “Small Claims Courts.” However, recent changes to the Texas Rules of Civil Procedure have increased the amount of damages claimants may seek in JP…
Pour Me A Socially Distant Drink: The Conditional Reopening Of Bars In Texas
On October 7, 2020, Gov. Greg Abbott signed Executive Order No. GA-32 (“Order”), relating to the continued response to the COVID-19 pandemic. The Order brought welcome news to bar owners and thirsty patrons across the state of Texas by permitting the conditional reopening of bars. However, before the bottles are popped and the beers are…
Who’s On The Hook? Make Sure Your Indemnity Agreement Is Enforceable
Consider the following scenario that frequently plays out in contract negotiations: You have spent days (if not weeks) going back and forth with the opposing party ironing out the terms of a lucrative deal. The bulk of the negotiating has revolved around important issues such as payment terms, default, and cancellation protocols. You even have…
Shutting Down The Only Game In Town: The Future Of Eight-Liner Game Rooms in Texas
At the height of the COVID-19 lockdown, the Supreme Court of Texas issued an opinion that may lead to the shutdown of “eight-liner game rooms” across Texas.
In the City of Fort Worth v. Rylie, 602 S.W.3d 459, 463 (Tex. 2020), the Court considered whether Chapter 2153 of the Texas Occupations Code, which provides…
Ignorance Is Not Bliss: It’s Time to Enact a Meaningful Sexual Harassment Policy
Each day more and more women come forward to share their stories of abuse within the workplace and without. And people are actually listening.
In the not-so-distant past, the primary concern for some employers may have been the legal consequence of firing a worker after she internally reported sexual harassment. Now, as women become…
The Anti-SLAPP Heard Round the World? The Broad Language of the TCPA Has Lead to Unintended Consequences and Extreme Results.
Re-Evaluating Liability Exposure and Security Needs in the Era of Mass Shootings
During the last five years, the United States has seen a drastic increase in mass shootings.
On November 5, 2017, just after 11:00a.m., a gunman entered a church in Sutherland Springs, Texas and opened fire. That Sunday morning 26 church patrons were killed and another 20 were injured including men, women and children.
On October…