A recent Texas Supreme Court decision is a reminder of the importance of detail in expert reports and testimony. Lawyers and experts may need to go far beyond what they think is reasonable in providing details, especially when the expert opinion is necessary to support a claim for relief. Needle Inserted into the Optic Nerve […]Read more "Experts Must Provide Details"
I am pleased to announce that as of February 1, 2018, I am a shareholder at Crain Caton & James, P.C. I am especially excited to join with Robert E. “Robin” Morse, Kelly D. Brown, and Cory R. Thornton; together, we bring over 100 years of environmental law experience. More about them, below. My new […]Read more "Jim Smith Joins Crain Caton & James"
Craig Ball is a very close friend. Also, in the area of electronically stored information (“ESI”) and litigation, he is as good an expert as you can find, in the world. His critique of the President’s lawyers reminds us that blindly copying forms will not serve our clients. Preservation Letter to Controversial Author Craig’s “Ball […]Read more "Preservation Letters Require More than Just Copying a Form"
A suggested New Year’s resolution: know your permits. While facility management teams generally know the numerical parameters that the facility must meet, some fail to keep other permit requirements in focus. Facilities can violate their permit even without emitting or discharging anything illegal, by failing to comply with the numerous narrative requirements. Also, for those […]Read more "For 2018, Resolve to Know Your Permits"
A recent development in a much watched environmental case pending before the Texas Supreme Court reminded me that the involvement of a non-party can add value in an appeal. A non-party that submits briefs, or in special cases participates in oral argument, is known as a friend of the court or amicus curie. State of […]Read more "Appellate Success, with a Little Help from Friends"
At least in the state of New York, the law where the courtroom sits determines the scope or existence of any privilege. Companies should not assume that courts in other locations will respect the privilege rules of their home state. They must also consider the privilege rules in locations where they may face litigation, rules […]Read more "Location of the Courtroom Determines Privilege Rules"
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"