The default method of resolving legal disputes in Texas by going to court is based on your constitutional right, as either initiating party (plaintiff or claimant) or answering party (defendant or respondent), to have any civil dispute heard by an impartial judge or jury that will determine who is right and wrong....
What Is Not Covered by a D&O Insurance Policy?
Running a company comes with a lot of responsibility. People in positions of authority have to make decisions that have far-reaching consequences. If employees, shareholders, creditors, or other parties take issue with the decisions made by a director or officer, they will typically sue that person directly along with the company. That...
Protecting Your Small Business or Personal Investment: The Features of Fraud to Look Out For
Large corporate enterprises have many protections and security procedures in place to guard against fraud (by both outsiders and insiders), as well as the balance sheet to tolerate occasional missteps. Small businesses and individual investors do not have the luxury of such protection, which is what often makes them more accessible targets...
What Does Business Interruption Insurance Cover?
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...
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...
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...
