Publications

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Kenneth Johnston and Dan Klein featured in October DBA Headnotes
Friday, September 23, 2016
Kenneth and Dan's article focuses on Discovery in the Internet of Things. Read their article here.
 
The Supreme Court Speaks on the Scope of Chapter 95 Property Owner Protection
Tuesday, September 6, 2016
In June 2016, the Texas Supreme Court issued two opinions interpreting the applicability of Chapter 95 of the Texas Civil Practice & Remedies Code. While members of the Plaintiff's bar may be celebrating one of the Court's rulings, property owners should take note and protect themselves. Generally, Chapter 95 limits a property owner's liability for injuries sustained by a contractor who "constructs, repairs, renovates, or modified an improvement to real property." Prior to the Texas Supreme Court recent rulings, an independent contractor injured while working at a property could not prevail on a negligence based claim against the property owner unless the owner exercised control over performance of the work and had actual knowledge of
 
Hearing-Impaired Accommodations Required by Hospitality Industry
Monday, August 22, 2016
Title III of the Americans with Disabilities Act (ADA) gives rights of equal access to places of public accommodation. For people who are deaf or hard of hearing, Title III requires businesses to remove barriers to communication. Restaurants and other hospitality providers are required to provide "auxiliary aids and services" to assist any class of individuals with disabilities, in order for them to "fully and equally" enjoy any goods, services, or facilities offered by the hospitality provider so that effective communication can be achieved. What constitutes an "auxiliary" aid or service to a deaf or hearing-impaired individual is being scrutinized in recent discrimination lawsuits brought by deaf or hearing-impaired plaintiffs. As such
 
Litigation Update: The Texas Agritourism Act: New Potential Liability Protection for Texas Agricultural Landowners
Tuesday, August 2, 2016
Owners of agricultural land in Texas may be entitled to additional limited liability protection thanks to a bill passed in the most recent Texas legislative session and signed by the Governor. The Texas Agritourism Act ("Agritourism Act"), now codified as Chapter 75A of the Texas Civil Practice and Remedies Code, provides certain agricultural landowners with limited liability protection from injuries and damages sustained by individuals engaged in certain activities on the land, provided specific requirements are met. The Agritourism Act provides that an "agritourism entity" is not liable to any person for injuries or damages sustained by an "agritourism participant" engaged in an "agritourism activity" on "agricultural land" if prior to
 
Director Christopher Pappas to Join Webcast Discussing Mediation and Arbitration
Monday, July 18, 2016

Christopher Pappas will join Edward Trey Bergman III of Bergman ADR Group in a panel discussion titled “How to Use the Mediation/Arbitration Hybrid Dispute Resolution Process.”  

 
Director Karin Zaner published in Dallas Medical Journal's July Issue
Tuesday, July 12, 2016
Read Karin's article, Self-Reporting: What a Physician Must Know, in the July issue of the Dallas Medical Journal.
 
Litigation Update: The Texas Supreme Court establishes a test for excluding party representatives during trade secret proceedings.
Tuesday, July 5, 2016
In late May 2016, the Texas Supreme Court issued a decision potentially affecting any Texas trade secret litigation. In In re M-I L.L.C., 2016 WL 2981342 (Tex. May. 20, 2016) the Court held trial courts should use a balancing test to determine if a party's corporate representative is allowed to hear its opponent's trade secret evidence. This decision's key "takeaways" for business readers are (1) if you are offering trade secret evidence, there is now a Texas standard to use in asking the court to exclude your competitors' employees; and (2) in selecting a corporate representative, consider whether that employee may be subject to exclusion from hearings based on the In re M-I balancing test, discussed in more detail below. The underlying
 
Kenneth Johnston and Daniel Klein published in the American Bar Journal
Wednesday, June 29, 2016
KRCL attorneys Kenneth Johnston and Daniel Klein were recently published in the American Bar Journal's May edition. Their article, "The February 2016 California Attorney General’s Data Breach Report Sets a Standard for “Reasonable Security” – What Does This Mean for Cybersecurity Litigation?", discusses the way the AG's report sets reasonable standards for data security for businesses and corporations.
 
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