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Selected Hot Topics for the Business Aviation Community in 2018

David T. Norton | April 19, 2018

The business aviation community — anyone operating aircraft ranging from multi-engine business jets down to single-engine piston airplanes under…

Commentary

Immigration May Be on Hold in Congress, but the Trump Administration Continues to Restrict Legal Immigration

Charles C. Foster | April 10, 2018

Over a year ago, Donald J. Trump was inaugurated and set out to make good on campaign promises that would deport illegal immigrants and seek funds…

Commentary

Strategies for Collecting Fees from Clients

Shari Klevens and Alanna Clair | April 10, 2018

Collecting legal fees can be just as important to a law firm’s success as effectively handling client representations. Although attorneys spend years…

Commentary

After the Driverless Fatality, Insurance and Litigation Will Be Forever Changed

Randy Maniloff | April 10, 2018

Unlike an inconsequential glitch with your office computer, in the case of driverless cars it's control, alt and someone’s life is deleted.

Commentary

Is the FCC About to Get Throttled? The Likelihood of Success on Reversing Net Neutrality

Michael A. Holmes | April 05, 2018

In December 2017, the Federal Communications Commission, led by former Verizon executive and Trump-appointee Ajit Pai, issued its order to reverse…

Commentary

'Forum' and 'Venue': A Distinction With a Difference in Texas

Jim Zucker and Wyatt Dowling | April 05, 2018

Courts and lawyers often use the words “forum” and “venue” interchangeably. However, the terms have different meanings and have significantly…

Commentary

Creative Plaintiffs Drive Rapid Evolution of Patent Venue Law

Kirt O’Neill and Colin Phillips | April 03, 2018

After the Supreme Court drastically altered patent venue law last year, plaintiffs are scrambling for ways to keep suing corporate defendants in perceived plaintiff-friendly forums, such as the Eastern District of Texas.

Commentary

OSHA on the OCS? Fifth Circuit Affirms Preemption of OSHA Regulations on OCS MODU

Kat C. Statman | April 02, 2018

The Fifth Circuit, in Thomas v. Hercules Offshore Services, L.L.C., Case No. 17-30638 (Fiftth Cir. March 2, 2018), concluded per curiam that the Occupational…

Commentary

Cultivating Confidential Information in a Viral World

Lizzette Palmer | April 01, 2018

Social media may sprout business opportunity, but it also compounds existing challenges to predictably protecting critical, secret business information.

Commentary

Should Lawyers Spend More Time 'Being' and Less 'Doing'?

Jim Dolan | April 01, 2018

Years ago, I spent time with a therapist who asked, “What do you want to be, Jim?” This question usually flummoxed me, but I gave it a go. “Well…

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Commentary

Work Matters: Five Professional Values to Live By

Michael P. Maslanka | April 01, 2018

Professional Responsibility is in my teaching portfolio. I teach the Model Rules but also professional values. Without the second, we are left with…

Commentary

Intelligently Managing Company Patent Spend

Carey Jordan and D. Jeremy Harrison | April 01, 2018

In the midst of remarkable technological advances, we are simultaneously enduring one of the most tumultuous global economies seen in several decades.

Commentary

Disputes Over Venue in Patent Litigation

Michael Bittner | April 01, 2018

While those courts that have weighed in on work-at-home employees have come to similar conclusions, it remains to be seen what factors—if any—may complicate this analysis.

Commentary

A Company’s #MeToo Moment

Adam Sencenbaugh and Henson Adams | April 01, 2018

The #MeToo movement has empowered victims of harassment in ways never before thought possible, exposing the “open secrets” of serial abusers and…

Commentary

Evolving Contract Issues on the OCS

Grady S. Hurley and Robert Lemon II | March 30, 2018

Contracts involving maritime and nonmaritime services on the OCS require an analysis of the intent and focus of the operations.

Commentary

Eric Holder, Unleashed

Jenna Greene | March 28, 2018

It’s as if Eric Holder Jr. is everywhere these days, from fighting gerrymandering to executive producing a TV show to hinting at a presidential run. But does he have time to do any actual work at Covington & Burling, where he’s a partner?

Commentary

Quinn Emanuel Partner Suffers From Depression and He Wants Everyone to Know

Joseph Milowic III | March 28, 2018

Struggling to find meaning in your work? Lacking motivation? Thinking about quitting? Please read this first.

Commentary

A Look at the Data Issues Energy Industry Counsel Face this Year

Deana Uhl | March 27, 2018

As one of the longest standing segments in the global economy, the energy industry is deeply rooted in its processes and conventions. Aside from environmental…

Commentary

Mitigating Risk in a Shared Office Space

Shari Klevens and Alanna Clair | March 27, 2018

Attorneys are increasingly joining their fellow professionals in the shared office space realm. Often referred to as a co-working space, this relatively…

Commentary

A Lawyer Levels With No. 45: Here's What Trump's Counsel Probably Wants to Say

Paul Coggins | March 23, 2018

No one enjoys delivering bad news, least of all a lawyer with a hair-trigger client who is prone to fire the messenger. Thus the dilemma facing…

Commentary

Ted Olson to Donald Trump: Thanks, But No Thanks

Jenna Greene | March 21, 2018

No, Gibson Dunn's Ted Olson won't be representing POTUS. But what's really shocking is how hard it's become for Trump to attract any prominent, establishment attorney.

Commentary

The Interplay of Ethical Rules and Attorney-Client Intimate Relationships

Shari Klevens and Alanna Clair | March 12, 2018

Many attorneys have some sort of personal relationships with their clients. Many consider their clients to be good or even close friends. Others may…

Commentary

Jeff Had Issues: An Akin Gump Lawyer Breaks Bad—and There’s No Satisfying Explanation

Jenna Greene | March 08, 2018

Jeffrey Wertkin was sentenced on Wednesday to 30 months in prison, but the question remains: Why did someone so smart do something that even his lawyer called “stupid, stupid"?

Commentary

We Need #HerToo For the Women Left Behind, Reed Smith Lawyer Says

Jayne E. Fleming | March 07, 2018

If you ask a displaced woman about #MeToo, she probably won’t know what it is. Why should she be excluded?

Commentary

Beware the IP Pitfalls of Social Media Influencer Campaigns

Craig C. Carpenter | March 06, 2018

Brand authenticity is the gold standard for product marketing. These days companies are increasingly relying on social media “influencers” for…

Commentary

Closing the Loop on Obtaining Opinions of Counsel

Mike Hatcher | March 02, 2018

Businesses seek opinions of counsel in the Intellectual Property area for various reasons, such as trademark clearance or for guidance on patent threats.…

Commentary

This Tool Helps Energy Companies Manage Environmental, Health Compliance

Ashley T.K. Phillips | March 01, 2018

With the onslaught of new regulations in the last few years, energy companies’ management of environmental, health and safety compliance has become increasingly challenging.

Commentary

Pipeline Outlook: How FERC Reliance on Precedent Agreements Could Change

Emily Pitlick Mallen and Katy Lukaszewski | March 01, 2018

The domestic energy revolution, largely fueled by new sources of natural gas, would not be possible without the interstate pipeline grid that transports…

Commentary

Work Matters: How to Take a Punch

Michael P. Maslanka | March 01, 2018

In teaching professional responsibility, I stress that your word is inviolate, that we are officers of the court and that we put the needs of others (our clients) ahead of our needs. Virtues, each and every one. Here’s yet another: learning how to take a punch. Knowing how to do so is integral to being an effective lawyer, and, incidentally, to living a fulfilled life, day to day.

Commentary

Dilly Dilly and Other Legal Nonsense

John G. Browning | March 01, 2018

Let’s face it: The law can be a pretty dry subject. So when something out of the norm occurs, disrupting our boring little universe, we tend to stand up and take notice. And there have been some fairly odd occurrences lately in the justice system.

Commentary

Developments in Guardianship Law and Increased Difficulty Establishing Guardianships

Elizabeth P. Ardanowski | March 01, 2018

The last few years saw substantial changes and updates in the probate and estates realm, not the least of which was replacement of the prior Texas Probate Code with the Texas Estates Code.

Commentary

Risks of Practicing Real Estate in the Age of Medicaid

Stephanie Townsend Allala | March 01, 2018

The fact is that most people won’t lose their homes if they receive competent legal advice.

Commentary

Climate Change Litigation: 21st Century Tobacco Litigation?

David McCullough and Garrett A. Gibson | March 01, 2018

In recent months, the steady drumbeat of climate change litigation has grown increasingly louder as municipalities in California and New York have filed…

Commentary

Mamas, Don’t Let Your Babies Grow Up to be Executors

Aaron Dobbs | March 01, 2018

Estate planning requires a client to make numerous decisions, and some of those decisions are given a lot of attention — such as, “Who should…

Commentary

Considerations for Attorney Work Product in the Client File

Shari Klevens and Alanna Clair | February 27, 2018

It is not uncommon for clients to request a copy of their file from their attorneys. Sometimes, the situation in which such a request is made is a…

Commentary

Men in Law, This is How Women Perceive Your Behavior

Patricia Hunt Holmes | February 20, 2018

Men, here are some tips for being more 'mindful' of how to relate to women so that missteps don't rob you of the ability to have meaningful relationships with opposite-sex colleagues.

Commentary

Keep Austin in Compliance: A New Ordinance Shakes Up Employers

Fred Sultan | February 20, 2018

At its Feb. 15 meeting, the Austin City Council voted to make the city the first in Texas to require that employers provide paid sick leave to virtually…

Commentary

Protecting Innocent Partners in the Law Firm

Shari Klevens and Alanna Clair | February 20, 2018

Most partners to a law firm partnership expect that all members share risk equally. In fact, this shared risk and protection of personal assets is,…

Commentary

Restoring U.S. Citizenship After Relinquishment

Guillermo “Gary” Wiener and John Meyer | February 01, 2018

The U.S. Department of State has a process by which a former U.S. citizen who did not intend to relinquish can request to restore his or her U.S. citizenship.

Commentary

The True Faces of Immigration In the Wake of the Zarate Verdict

Richard Klawiter and Jennifer Eldridge | February 01, 2018

The not guilty verdict by a San Francisco jury Nov. 30, 2017, in the case of Jose Ines Garcia Zarate, the undocumented homeless Mexican immigrant accused…

Commentary

What Does it Mean to be a Lawyer? These 5 Techniques Show the Way

Michael P. Maslanka | February 01, 2018

Here’s my resume: 36 years a practicing lawyer; 2.5 years as a full-time law professor. I learned to think like a lawyer; now I teach others how.…

Commentary

Just in Time for the Super Bowl, a Look at the NFL's Offbeat Cases

Randy Maniloff | January 31, 2018

What better way to deal with any lull in the action on Sunday than a discussion of the substantial number of lawsuits that surround the National Football League, its players and fans.

Commentary

Opinion: Texas Leads the Nation in Pushback Against Fraudulent Crypto Investment Schemes

Mitch Little | January 31, 2018

Cryptocurrency speculation and investment in Initial Coin Offerings was always pregnant with the potential for fraud, but the baby has now arrived kicking and screaming.

Commentary

3 Considerations for Lawyers Serving on Boards

Shari L. Klevens and Alanna Clair | January 29, 2018

There are steps that law firms can take to ensure that both the attorney and the firm are protected while enjoying the benefits of the attorney’s service on outside boards.

Commentary

Male Clients Disfavor Women Partners

Vivia Chen | January 17, 2018

Are women just lousy at business development? Or are their firms not giving them the opportunity to shine? Well, here's another factor to consider: Male clients still favor male partners, according to a recent survey.

Commentary

Planning for the Practice in 2018

Shari L. Klevens and Alanna Clair | January 16, 2018

The start of a new year presents an ideal opportunity for attorneys to reflect on 2017 and to make plans for what might come in 2018. An important…

Commentary

From Misappropriation to Theft to Dismissal: Protecting Your Intellectual Property

Ross A. Williams | January 08, 2018

If a company does not keep its written materials or product secret, and does not have copyright or patent protections in place, then it may not have protectable intellectual property rights in its written materials or product at common law.

Commentary

Enjoying Vacation Without Sacrificing Quality

Shari L. Klevens and Alanna Clair | January 02, 2018

As we emerge from the holiday season and a (hopefully) restful period of time spent with family and friends, lawyers are reminded of the positive impact…

Commentary

Blockchain Technology–Have No Fear, Dive In

Gail Papermaster | January 01, 2018

The blockchain concept has been around for some time now, but recently has begun to creep into the popular dialogue. If you are an attorney working outside the technology area, whether in house or in a law firm, and even if you do work in the technology field, the term may still be foreign to you. Or, it may be synonymous in your mind with Bitcoin, the “cryptocurrency” that periodically dominates financial headlines.

Commentary

Big Changes Coming for Texas Family Code in 2018

Kris Balekian Hayes | January 01, 2018

Now is the time for family lawyers and their clients to begin preparing for several revisions to the Texas Family Code that are set to take effect in 2018.

Executive Insights

Cryptocurrency - developments in Mauritius

The current approach to the crypto industry in Mauritius.

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Hotel Management Agreements

A multi-jurisdictional guide to Hotel Management Agreements.

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Crypto industry sweep: ICOs and token offerings under increasing scrutiny by US regulators

Regulators are turning up the heat on companies looking to cash in on the cryptocurrency craze.

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