New York Court Says Judges Can Eliminate the Accountant-Client Privilege Held by Texans

Since 1979, Texas legislation has explicitly recognized an accountant-client privilege. A New York state court recently determined that it could order disclosure of any specific information subject to that privilege.  The ruling in New York v. PricewaterhouseCoopers, issued October 26, 2016, suggests that judges have complete discretion to disregard the accountant-client privilege. New York Attorney […]

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Fifth Circuit Says Expert Failed to Show that Alternative Design Would Have Prevented Injury

The United States Court of Appeals for the Fifth Circuit upheld the dismissal of a case alleging that poor design caused an automobile gas tank to rupture during a crash, which led to a fire that killed one of the passengers.  In Sims v. Kia Motors, the 5th Circuit determined that the expert for the […]

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Texas Companies Plead Guilty to Criminal Violations of the Clean Air Act and Agree to Pay $3.5 Million

Four Texas companies with related ownership and management agreed to pay $3.5 million and plead guilty to Clean Air Act criminal violations.  The violations relate to an explosion in Port Arthur, Texas, which killed one and injured two others.  The violations also relate to operations in Crosby, Texas, which is near Houston. Criminal Consequences for […]

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Appellate Court Upholds Jury Finding of No Liability for Historic Disposal

The First Court of Appeals, an intermediate Texas appellate court, upheld a jury finding of no liability for disposal that predated the Texas Solid Waste Disposal Act (“SWDA”) and the Texas Water Code (“TWC”).  Harris County v. International Paper. A predecessor to International Paper arranged for a contractor to take its waste and dispose of […]

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BlackRock Provides a Business Perspective on Climate Change Issues

Businesses cannot escape the pervasive nature of climate related issues; so says BlackRock, the world’s largest asset manager, with approximately $5 trillion under management and an unquestionable commitment to economic development through capitalism. The BlackRock Investment Institute issued “Adapting Portfolios to Climate Change” in September 2016.  The Report acknowledges skepticism regarding climate change science, but […]

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