Texas and federal bank examiners intend to focus more closely on banks' cybersecurity practices in 2016. The Texas Department of Banking's September 15, 2015 Industry Notice 2015-8 announced it was "requiring that all banks measure their […]
First, think back to October 2013—the federal government had just experienced a 16-day shutdown and the internet only had 22 generic Top-Level Domains ("gTLDs"). Of these 22 gTLDs, there were less than a handful of gTLDs which were […]
Apple. Microsoft. Google. Starbucks. Wal-Mart. People generally hold certain views and beliefs about each of these companies. But what happens when a competitor makes false statements that intentionally damage the reputation of such a company […]
Procedural rules are generally complex and confusing to non-lawyers, but Rule 202 of the Texas Rules of Civil Procedure must certainly befuddle them: "So I'm being sued to find out if I can be sued?" As such, a potential defendant could arguably […]
A key issue in commercial litigation is determining whether the claims to be asserted are within the scope of an arbitration agreement. An arbitration provision might broadly include all disputes in connection with the contract or narrowly cover only […]
In a decision likely to provide the business community with a greater degree of certainty regarding forum-selection clauses and venue for lawsuits, the U.S. Supreme Court recently addressed the procedurals available to a defendant in a civil case who […]
Property insurance policies routinely include an appraisal clause that sets forth a non-judicial procedure for resolving disputes about the "amount of loss," i.e., the value of damaged property or the cost of repairs. When properly invoked […]
Michael A. Logan The Texas Supreme Court recently issued an important decision settling insurance coverage issues in the construction defect context that had been undecided or inconsistently applied in the past. Lennar Corp. v. Markel American […]
First amendment scholars widely agree that when it comes to protecting free speech and prohibiting defamation, it is a zero-sum game. The United States Supreme Court has recognized this tension, noting "[w]hatever is added to the field of […]
"No man acquires property without acquiring with it a little arithmetic also." Ralph Waldo Emerson, Representative Men 152 (1850). This axiom regarding the interrelation of property ownership and valuation was recognized and incorporated […]
Effective October 1, 2013, revisions to the American Arbitration Association’s (“AAA”) Commercial Arbitration Rules (the “Commercial Rules”) will take effect for all cases filed on or after that date. The revisions […]
Two years ago, in Gilbert Texas Construction, L.P. v. Underwriters at Lloyd’s London, the Texas Supreme Court held that the contractual liability exclusion in a general contractor’s CGL applied to exclude coverage when the insured assumed […]