The Texas Supreme Court and our Courts of Appeals have now been struggling for years with the elusive distinction between "fixed" and "floating" royalties. In application, the difference between the two can have drastic and& […]
Prior to June 2018, states and municipalities were only permitted to impose sales taxes on sellers of goods and services when the sellers had a physical presence in the state or municipality. Many brick-and-mortar businesses and local businesses believed […]
In the latest episode of our energy law podcast, Chip Morris will talk to us about the top ten mistakes employers can make—in the oilfield, and beyond—when drafting non-compete agreements.Download the iPhone/iPad app for our podcast […]
Most defense attorneys will agree that more often than not, there are no witnesses to the personal injury claims we investigate and litigate. In fact, there is often no record at all about the incident or occurrence that provides any helpful facts about […]
In a recent decision, the United States Court of Appeals for the Fifth Circuit reversed a trial court ruling that enforced an arbitration agreement that the employer never signed. In Huckaba v. Ref-Chem, L.P., Case No. 17-50341, the Court found the agreement […]
As defense counsel to multiple retail clients across the United States, one of the most common things we encounter in personal injury claims is the presence (or oftentimes the absence) of video of "the incident." In today's world where […]
Earlier this month, in Murphy Exploration & Production Co. USA v. Adams, a deeply divided Texas Supreme Court departed from the venerable "plain-language rule" of contract construction when it determined that a lease requiring the operator […]
This term, the United States Supreme Court will address whether an exemption to the Federal Arbitration Act (FAA) for certain transportation workers applies to claims by independent contractors. The issue before the Supreme Court is on appeal from the […]
Offset Wells and Liquidated Damages as Unenforceable Penalties. Oil-and-gas leases—at least those drafted by savvy mineral owners—will often include an offset drilling clause. Such clauses stipulate that, if a well is drilled on a neighboring […]
In the latest episode of our energy law podcast, the Managing Partner of KRCL's Houston office, Marcy Rothman, addresses recent developments on a topic that pipelines and other energy companies confront on a regular basis: condemnation and eminent […]
The recent decision of the United States Supreme Court in Murphy v. National Collegiate Athletic Association, is expected to have far-reaching effects on the sports betting landscape in the United States. The case was the appeal of a lawsuit in which […]