Business interruption (or “business income”) insurance protects against temporary losses of revenue and extra expenses due to either a man-made or natural disaster, provided it is not excluded from coverage. It may be a benefit incorporated into a commercial general liability (CGL) policy, property insurance, or other type of standard business owner’s...
Can I Get Out of My Non-Compete in Texas?
If you signed a non-compete agreement, you may end up feeling stuck unable to leave or work elsewhere in your preferred field. Rarely is that truly the case, unless you received specialized training in return for an agreement not to compete, access to highly proprietary confidential information (trade secrets, source code, client...
Conducting Out-of-State Discovery in Texas
Texas does not follow the pack when it comes to many things, including out-of-state discovery.
(Pending Update Notice - The Texas Legislature passed a law in its 2023 session that allows the Texas Supreme Court to adopt the UIDDA within the next two years. That is expected to occur...
Rule 202 Petitions for Pre-Suit Discovery in Texas
Most are familiar with the warning that must be given by law enforcement before interrogating a suspect or at time of arrest: “You have the right to remain silent ….”
One may assume that is true for all legal matters. To the contrary, remaining silent, whether based on the...
Updated Guidance on Consent-to-Assign Provisions in Texas Oil and Gas Leases
For decades it has been standard literature on oil and gas leases to note there is uncertainty regarding how a court may treat the violation of a consent-to-assign provision since, in Texas at least, such instruments are contractual “leases” in name only.1 Some commentators have advocated for courts to disregard their well-established...
Enforcement of Out-of-State or Foreign Judgments/Arbitration Awards
The U.S. Constitution at Article IV, Section I, states: …
“Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records...
Pro Hac Vice Admission in Texas Courts
Texas allows “nonresident attorneys” to appear for a single case–commonly referred to as pro hac vice–but makes the process a bit more onerous than other jurisdictions.
Rule 19 of the Rules Governing Admission to the Bar of Texas establishes the procedure for a nonresident attorney to request permission...
