The Texas Citizens Participation Act (“TCPA”)[1], enacted in 2011, is the Texas version of an Anti-SLAPP[2] statute, which have been enacted by over 30 states around the country to protect free speech and the right of association of
Court Procedure and Demeanor
Piercing the Corporate Veil in Texas
By Tressie E. McKeon on
Texas has long been one of the best locations to start a business, and a big reason for this is the liability protection afforded by the business-friendly Texas courts. Most business owners seek to limit their personal liability if something goes wrong with the business. This leads to one of the questions I get…
Judges Hate “Gotcha Games”
By Fox Rothschild LLP on
In October, I wrote about How the Practice of Law is Like the NHL. This article was about how rule changes in the practice of law, and changing skill sets in the NHL have made finesse and skill more important than brawling. Recent experience has shown that this trend continues in law, and that…
Here’s How To Enforce a Texas Non-Compete
By Fox Rothschild LLP on
I get questions all the time about the enforceability of noncompetes in Texas. I have to respond in the most-irritating lawyer-like way possible: I say that the enforceability of any particular noncompete all depends on the language of the noncompete and the facts of the case. That response predictably results in a long period of…
Why do juries matter?
By Fox Rothschild LLP on
I have been writing on this blog about how Dallas County juries have shifted over the years from pro-defense to pro-plaintiff, or at least to a point where most prospective jurors in Dallas County don’t necessarily consider lawsuits a bad thing. In the era of tort reform, this attitude among prospective jurors in Dallas…
Dallas County Juries, part III
By Fox Rothschild LLP on
Previously I posted about Dallas County juries here and here. Last week a federal jury ordered Johnson & Johnson to pay $1.041 billion to six plaintiffs who received defectively-designed hip implants. Of the total verdict, $32 million was for compensatory damages, and the rest was for punitive damages. The federal jury that ordered Johnson…
“Do It Yourself” Contracts Do Not Necessarily Save You Money
By Tressie E. McKeon on
Contracts are important and “the devil is in the details.” Too often I see business owners and experienced entrepreneurs come to me as first time clients with a serious problem. But when we go to review the contract that is at the heart of the issue, I often find that the contract was not professionally…
What is the best evidence at trial?
By Fox Rothschild LLP on
I recently had a trial that caused me to think long and hard about what is the best evidence at trial. I concluded that documents, photos and videos beat witness testimony hands down. I believe that a case built around documentary evidence is stronger than a case build on witness testimony.
I think the reason…
Dallas County juries, Part II
By Fox Rothschild LLP on
I recently posted about the recent survey of prospective Dallas County jurors’ opinions and beliefs here. Based on the survey’s results and my own observations, I felt that Dallas County had changed from neutral to plaintiff-friendly in terms of likely jury panels. Assuming that blue leans more plaintiff-friendly, the recent election results support my…
Don’t Forget About The Judges This Election Day
By Fox Rothschild LLP on
For better or for worse, I think most would agree that this has been one of strangest and most contentious presidential elections in recent memory. Whichever way the election turns out, history will be made. If Ms. Clinton wins, she will, of course, be the first female President of the United States. It is well…