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"
In this week between Christmas and the New Year, I follow up on my Thanksgiving week Alert, and again look at the 2018 election. While I continue to think that Republicans will maintain control of the Senate, this Alert looks at the impact that some alternative 2018 scenarios may have. If, contrary to my expectation, […]Read more "The 2018 Election-Alternative Scenarios"
On December 8, 2017, the Texas Supreme Court agreed to hear the appeal of Oncor Electric Delivery Company (“Oncor”) in a case that resulted in a judgment against Oncor of approximately $500,000 in damages, interest, and attorneys’ fees. In its appeal, Oncor asserts that the court entering that judgment had no jurisdiction and that only […]Read more "Texas Supreme Court May Clarify Scope of PUC Jurisdiction in Contract Disputes"
In order to protect professionals from frivolous lawsuits, a Texas statute provides that lawsuits arising out of the provision of professional services (such as engineering or architecture) must include a certificate of merit. That certificate must include a sworn statement by a qualified expert as to the negligence or other error committed; failure to file […]Read more "Texas Statute Could Not Help Engineering Company, Because No Licensed Engineer Provided Services"
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"
Regulatory agencies may view companies that do not comply with such “voluntary” standards as out of compliance in enforcement actions, and juries may view them as negligent in tort actions.Read more "Major Energy Companies Agree to Methane Emissions Principles"