A key issue in commercial litigation is determining whether the claims to be asserted are within the scope of an arbitration agreement. An arbitration provision might broadly include all disputes in connection with the contract or narrowly cover only […]
Business owners and professionals of all kinds do not need to be told how damaging a negative online review can be. Online reviewers can impact a business more than ever in today's digital world and no one is policing what customers post online or […]
In a decision likely to provide the business community with a greater degree of certainty regarding forum-selection clauses and venue for lawsuits, the U.S. Supreme Court recently addressed the procedurals available to a defendant in a civil case who […]
The Texas Dram Shop Act became law in 1987. Before its enactment, Texas law did not impose liability on sellers of alcohol who "over-served" intoxicated patrons. In passing the Dram Shop Act, the Legislature provided the exclusive remedy for liability […]
Property insurance policies routinely include an appraisal clause that sets forth a non-judicial procedure for resolving disputes about the "amount of loss," i.e., the value of damaged property or the cost of repairs. When properly invoked […]
The risk of spoliation of evidence is a continuing concern in construction litigation. Simply defined, spoliation is the improper alteration or destruction of evidence, proof of which may give rise to a presumption that the evidence would have been harmful […]
First amendment scholars widely agree that when it comes to protecting free speech and prohibiting defamation, it is a zero-sum game. The United States Supreme Court has recognized this tension, noting "[w]hatever is added to the field of […]
"No man acquires property without acquiring with it a little arithmetic also." Ralph Waldo Emerson, Representative Men 152 (1850). This axiom regarding the interrelation of property ownership and valuation was recognized and incorporated […]
Effective October 1, 2013, revisions to the American Arbitration Association’s (“AAA”) Commercial Arbitration Rules (the “Commercial Rules”) will take effect for all cases filed on or after that date. The revisions […]
The Texas Supreme Court approved new rules that will dramatically change the practice of civil law in Texas. The new rules establish a mandatory "expedited action" procedure for certain cases with limited amounts in controversy. The rules also […]
The popular media’s description of a recent Tarrant County jury verdict -- in the case of Mark & Linda Lesher v. Doescher, Coyel, et. al. -- might lead you to believe the internet’s veil of anonymity is lifting. The headlines read […]
In its recent decision in Da Silva Moore v. Publicis Groupe et al., the U.S. District Court for the Southern District of New York became the first court to expressly approve the emerging automated document review process known as “predictive coding […]