Baylor University was concerned that it was not in full compliance with federal law relating to complaints of sexual harassment and violence. Baylor also expected litigation. Baylor’s Board of Regents hired the Pepper Hamilton law firm to investigate Baylor’s procedures, policies and other “institutional response” aspects of Baylor’s compliance obligations. Baylor and Pepper Hamilton agreed […]Read more "Baylor Case: Public Statements Can Waive Privilege"
In Pinto Tech v. Sheldon, the Texas Supreme Court considered two key provisions relating to a shareholder agreement’s forum selection clause, which provided for exclusive jurisdiction and venue in Delaware. In interpreting this contract, the Court determined that dismissal for filing suit in the wrong court was proper as to some, but improper as to […]Read more "Overlooked Contract Terms Can Have Big Consequences"
A landowner claimed that an energy company’s pollution damaged the property, in violation of contract terms and common law nuisance and trespass prohibitions. An arbitration panel agreed, and awarded over $20 million. The energy company tried to vacate the award in court, arguing that only the state agency that regulates contamination from oil and gas […]Read more "Regulation by State Agency Does Not Narrow Landowner Claims"