In Texas, when the law requires a contract to be in writing, electronic communications can satisfy that requirement, but only if each party agrees to conduct the transaction electronically. Even when neither party explicitly says that it has agreed to conduct transactions by electronic means, the context and surrounding circumstances can show that that the […]Read more "You Can Agree to Make a Contract Electronically Without Explicitly Saying So"
In many industrial construction or services contracts, contractors agree to provide insurance for the owners. Additionally, contractors often agree to indemnify the owners, at least to some extent. These provisions are sometimes congruent; that is, the indemnity and insurance provisions can be written so that each obligation corresponds exactly to the other. However, Texas law […]Read more "Contractor’s Obligation to Provide Insurance Is Different From Indemnity"
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"