by JD Reed The new changes to the Texas Rules of Civil Procedure will have real consequences on a plaintiff’s case and that plaintiff’s wallet. With changes to Rules 47, 169, 192.1, 194, and 195, a plaintiff will need to be more prepared than ever to immediately explain and divulge his case, facts, legal theories, …
by Ron Holmes – As I sit and ponder the legal fallout of COVID-19, several gnarly legal issues float through my brain (and, as it turns out, those of other legal ponderers). Below, I will address on a broad basis three of my favorites. Impossibility of Performance as a Defense Performance of a contract may …
by Scott A. Meyer – For those clients who understand the value of registered trademarks and copyrights as part of their intellectual property portfolios and the added goodwill positively impacting the value of their businesses, we’ve got even more good news for you. In addition to the added options to enforce your intellectual property rights …
Reducing Employer Litigation Risk Post Stay-At-Home Orders With Governor Abbott’s most recent press conference (April 27, 2020), the stay-at-home order has generally been lifted (and overrides local stay at home orders) and it appears businesses are closer to being allowed to fully reopen. While this may mean that employers can begin requiring employees to be …
Will COVID-19 Excuse Contractual Nonperformance? The first step in answering this question is to look at your contract and determine if it contains a force majeure provision. A force majeure provision will excuse a party from nonperformance of a contractual obligation when the nonperformance is caused by unforeseen circumstances. Whether a party will be excused …
By: JD Reed Clients are always looking for ways to cut legal costs and keep themselves out of protracted litigation. Contracts may have included binding arbitration clauses and mandatory mediation provisions, but you may have learned that arbitration costs just as much, if not more, than simply litigating in court. The Texas Legislature’s recent passage …