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Articles

Title VII Gender Identity Claim Goes Forward

Texas federal judge dismissed claims alleging gender identity discrimination asserted under the Affordable Care Act (ACA) and the Employee Retirement Income Security Act (ERISA) against an insurer and employer because there is no precedent that either […]

F. Colin Durham

March Litigation Update: Supreme Court of Texas Affirms Supremacy of Attorney-Client Privilege in Expert Discovery

Suppose a manufacturer wants to designate one of its employees to provide expert testimony about the design process in a products liability case. Perhaps a bank wants one of its loan officers to give an expert opinion on lending practices. There can […]

Andrew “Drew” Robertson

I Notified The Consumer, But Have I Done Enough?

Every year, millions of people in the United States develop foodborne illnesses. To help alleviate this issue, President Barack Obama signed the Food and Drug Administration (“FDA”) Food Safety Modernization Act (“FSMA”) into […]

Patently Unpredictable? Patent Venue Laws After TC Heartland & In Re Cray

Venue for patent infringement cases is governed by 28 U.S.C. § 1400(b), which states that patent infringement suits can be brought in the judicial district (1) where the defendant resides or (2) where the defendant has committed acts of infringement […]

Enforcing a Non-Compete Injunction Could Require Disclosing Your Customer List

Texas Rule of Civil Procedure 683 requires that "[e]very order granting an injunction . . . shall set forth the reasons for its issuance; shall be specific in terms; shall describe in reasonable detail and not by reference to the complaint or other […]