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"
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 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. […]Read more "Ill-Gotten Revenue Is Not Ill-Gotten Profit; Plaintiff Loses $100 Million Award"
By issuing In Re: State Farm, the Texas Supreme Court gave lawyers a manual for handling discovery disputes in Texas courts. The opinion lists seven factors for balancing the requesting party’s need for discovery with the responding party’s claim of burden and cost. The factors are: Likely benefit of requested discovery; Needs of the case; […]Read more "Texas Supreme Court Opinion is a Manual for Handling Discovery Disputes"
A duty to use reasonable efforts to preserve potentially relevant information, including electronic data, arises when litigation has commenced or is reasonably anticipated. Today, mobile devices often contain unique, relevant data. Moreover, due to available technology, preserving mobile data is now generally easy and relatively inexpensive. Quite simply, the combination of unique, relevant data with […]Read more "A Duty to Preserve Mobile Data – YES!"
In Fischer v. Forrest, Judge Andrew Peck issued “a wake-up call to the Bar.” This New York federal magistrate judge took lawyers to task for “boilerplate” discovery objections, finding them to violate the 2015 amendments to the Federal Rules of Civil Procedure in multiple ways. Discovery Responses Must Meet Minimum Standards Judge Peck identified certain […]Read more "Boilerplate Discovery Objections Can Harm Your Case (And Cost Your Client Money)"
The Texas Supreme Court issued another trade secret decision on June 10, 2016. In Southwestern Energy Production Company v. Helfand, the Court reversed an award of over $11 million, but has allowed Helfand a second opportunity to prove damages at a new trial. Helfund presented confidential, trade secret data to Southwestern Energy Production Company (“SEPCO”) […]Read more "Texas Supreme Court Reverses Trade Secret Award, But Allows Another Opportunity to Prove Damages"