Baylor Case: Public Statements Can Waive Privilege

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 […]

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DOJ/EPA Officials Deny Significant Changes to SEP Policy Due to Sessions Memo

On August 4, 2017, at the 29th Annual Texas Environmental Super Conference, I heard presentations from Patrick Traylor, Deputy Assistant Administrator for the EPA’s Office of Enforcement and Compliance Assurance and Jeffrey Wood, Acting Assistant Attorney General of the Environment and Natural Resources Division of the U.S. Department of Justice (“DOJ”). These federal officials spoke […]

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In one paragraph, the Texas Supreme Court reiterated that landowners must allow easement holders to conduct their operations, consistent with the easement that they hold. Landowner Must Allow Access for Regulatory Compliance On July 26, 2017, the Court issued an Order directing a trial court to issue any necessary temporary orders to allow Denbury Green […]

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Ill-Gotten Revenue Is Not Ill-Gotten Profit; Plaintiff Loses $100 Million Award

In Longview Energy v. Huff, the Texas Supreme Court determined that Longview’s evidence of revenue that others received due to an alleged breach of fiduciary duty did not entitle Longview to recover.  Longview needed to prove ill-gotten profit, not just ill-gotten revenue.  Instead of the nearly $100 million found by the jury, Longview gets nothing. […]

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Texas Supreme Court Takes Flexible Approach to Subsurface Rights

The Texas Supreme Court, in Lightning Oil v. Anadarko, determined that Anadarko’s drilling would not be a trespass, even though the drilling would penetrate Lightning Oil’s mineral leasehold. A surface owner allowed Anadarko, an energy company, to install a horizontal well.  Anadarko did not own the minerals below this surface tract; the well was to […]

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