e-discovery

Supreme Court of Texas Limits Cell Phone Discovery in Toxic Tort Case

A reactor at a chemical manufacturing facility ruptured, releasing flammable gas that ignited and burned several individuals. The injured persons sued, alleging the company’s workers were negligent, in part because they were distracted by using company-issued cell phones while monitoring the reactor. Events leading to the rupture began the day before it. The trial court […]

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Updated Recommendations for Conducting Internal Investigations

The American College of Trial Lawyers is “an invitation only fellowship of exceptional trial lawyers of diverse backgrounds.” In August 2020, its Federal Criminal Procedure Committee released “2020 Update: Recommended Practices for Companies and their Counsel in Conducting Internal Investigations” (the Update). The Update recommends companies “consider an internal investigation when significant corporate malfeasance has […]

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FERC Must Ask Pipeline Applicants to Provide More Upstream and Downstream Information

An environmental assessment complying with the National Environmental Policy Act (NEPA) is often required for the Federal Energy Regulatory Commission (FERC) to authorize construction and operation of a new natural gas pipeline or related facility.  In Birckhead v. FERC, the US Court of Appeals for the District of Columbia Circuit upheld FERC’s authorization of Tennessee […]

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All Privileges Are Not Created Equal

Waiver of privilege, especially of executive privilege, has been in the news.  Some Congressional committees are requesting testimony from former White House staff members related to the report issued by Special Counsel Robert Mueller.  The Trump administration is claiming they cannot testify due to executive privilege; moreover, the administration claims their statements to Mr. Mueller […]

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2018 Election Will Dramatically Change the Texas Mid-Level Appellate Courts

Republicans continued to win all statewide elections in Texas. Texas still has two Republican senators and only Republicans hold statewide offices.  The two highest Texas courts, the Supreme Court of Texas, which hears only civil cases, and the Texas Court of Criminal Appeals continue to have only Republican judges.  However, the 2018 election will have […]

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