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Kenneth Artz

Kenneth Artz

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April 13, 2022 | Texas Lawyer

How a Former Criminal Law Attorney Returned to Her First Love: Writing About Murder and Mayhem

Forget everything you learned about legal writing. It no longer applies, says former lawyer turned crime/mystery writer, Leanne Kale Sparks.

By Kenneth Artz

12 minute read

April 11, 2022 | Texas Lawyer

How Updates to the Texas Citizen's Participation Act Are Working

In summary, while the 2019 revisions to the TCPA have reigned in a lot of the abuses of the statute, several open questions remain on how successful the revisions have been, say Dallas-based Bell Nunnally attorneys Heath Cheek and Ian G. Klein.

By Heath Cheek and Ian G. Klein

5 minute read

April 07, 2022 | Texas Lawyer

Airline Due Diligence for Investments in Unproven Technology

"The recent new wave in aviation technology and sustainable aviation presents a brave new world of exciting and transformational opportunities but is not without risk."

By Atman Shukla, Kevin Lewis and Bart Biggers

10 minute read

April 07, 2022 | Texas Lawyer

Mastering the Offer of Proof at Trial

When the jury is excused, you must decide how to present your offer of proof. You, as the attorney, have the option of describing and summarizing the excluded evidence with enough specificity to enable the court of appeals to decide whether the court's ruling was erroneous, say Steven J. Knight and AJ Foreman of Chamberlain Hrdlicka.

By Steven J. Knight and AJ Foreman

6 minute read

April 05, 2022 | Texas Lawyer

Parents Need to Be on Their Best Behavior During the Pendency of a Child Termination Suit

Children do not come equipped with a parenting manual. Each parent has to learn how to best parent each child. While a learning curve is anticipated, that curve is no excuse to condone acts or omissions that can endanger the life of a child.

By Elisa Reiter and Daniel Pollack

12 minute read

April 05, 2022 | Texas Lawyer

Reducing Litigation Costs in Noncompete Litigation: Employee's and New Employer's Perspectives (Part Two of Two)

"In the post-Marsh era of noncompete litigation, 'pro covenant' and 'pro competition' judges will have different views on enforceability of noncompetes, and whether they are reasonable as to time, geography and scope of activity," says Gary Fowler, Esq., a JAMS neutral based in the JAMS Dallas Resolution Center.

By Gary Fowler, Esq.

6 minute read

April 05, 2022 | Texas Lawyer

Is 2022 the Year of Litigation Finance?

"As we think about the natural evolution of litigation finance, it would seem like a logical move for the largest and most powerful litigation finance firms to own their own law firms," says Aron Solomon, chief legal analyst for Esquire Digital and the editor of Today's Esquire.

By Aron Solomon

5 minute read

April 04, 2022 | Texas Lawyer

Does 'Torres v. Texas Department of Public Safety' Stand a Chance?

In situations such as that faced by Torres, where the end result of military service is that the employee becomes disabled and unable to do their previous job, the employer is legally bound to find a role for the employee "that provides a similar status and pay" to their previous job.

By Aron Solomon

4 minute read

April 01, 2022 | Texas Lawyer

How FERC Policies on Natural Gas Pipelines and LNG Facilities Will Affect Permitting

"In my own experience with projects for which we have acted as counsel or which would serve clients we represent, the time required to obtain FERC approval has more than doubled over the past four to five years, and the cost of prosecuting a pipeline certificate application to the issuance of a FERC order has increased commensurately," says James "Jim" Bowe, a partner in King & Spalding's Washington, D.C., office.

By Kenneth Artz

8 minute read

March 31, 2022 | Texas Lawyer

#MeToo Takes a Bite Out of Arbitration

Effectively, the EFAA prohibits compulsory arbitration of sexual harassment or civil sexual assault cases arising from workplace conduct. Instead, the EFAA gives the employee the choice to go to court to pursue these specific claims despite the existence of an overarching agreement to arbitrate all claims.

By Brent D. Hockaday

5 minute read