Kenneth Artz

Kenneth Artz

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July 08, 2022 | Texas Lawyer

'West Virginia' and 'Chevron': The Supreme Court Cuts Back on Agency Deference

In the West Virginia case, the Supreme Court now formally endorses the "major questions doctrine" label for the "identifiable body of law that has developed over a series of significant cases," says Jonathan D. Brightbill, a partner at Winston & Strawn, and chair of environmental litigation and enforcement.

By Jonathan D. Brightbill

7 minute read

July 08, 2022 | Texas Lawyer

Third Time's a Charm: The Supremes Will Finally Settle the Rule 9(b) False Claims Act Circuit Split

Reading the tea leaves, we anticipate the Supreme Court will rule in favor of a stricter Rule 9(b) standard, along the lines of the standard adopted by the Eleventh Circuit, in an effort to curb the number of meritless FCA claims, say Sheppard Mullin attorneys Erica Kraus, Bill Mateja, Audrey Crowell and Megan Miller.

By Erica Kraus, Bill Mateja, Audrey Crowell and Megan Miller

8 minute read

July 08, 2022 | Texas Lawyer

Texas Takeaways: How Attorneys and Law Firms Can Make Money in the Metaverse, Part I

In theory, there are going to be massive business opportunities to create products and services within the Metaverse in all sorts of areas, says cryptocurrency journalist, Khashayar Abbasi.

By Kenneth Artz

4 minute read

July 07, 2022 | Texas Lawyer

A Claim of Material Variance Fails in a Child Fatality Case

If there is a variance in the indictment and jury charge, don't wait. Object to the variance prior to the start of trial and/or the empaneling of the jury panel, say attorneys Elisa Reiter and Danial Pollack.

By Elisa Reiter and Daniel Pollack

13 minute read

July 06, 2022 | Texas Lawyer

Two Sides, One Coin: The Employer, The Employee, and The Non-Compete

A thorough understanding of your Non-Compete—especially its enforceability—will equip you to have an informed, transparent dialogue with all parties, says Bell Nunnally attorney Kristopher D. Hill.

By Kristopher D. Hill

11 minute read

July 05, 2022 | Texas Lawyer

SCOTUS Modifies the Post-Arbitration Playbook

Attorneys and parties must familiarize themselves with state procedures and requirements for post-arbitration motions. Practitioners must also expect to find themselves in state court litigating post-arbitration issues from this point forward, say Bell Nunnally attorneys Parker A. Burns and Mason G. Jones.

By Parker A. Burns and Mason G. Jones

6 minute read

July 01, 2022 | Texas Lawyer

Texas Takeaways: Being Small and Complacent Is Not an Option When It Comes to Cybersecurity

"It's no longer an excuse to say, 'We're a small firm.' We've got to be at that cutting edge of cybersecurity and it's constantly changing as you can well imagine," says Sarah P. Santos, cofounder and managing partner of Davis & Santos, PLLC, in San Antonio.

By Kenneth Artz

6 minute read

June 28, 2022 | Texas Lawyer

Essentials of Pretrial Strategy

There is no substitute for being the most prepared team in the courtroom, says Kimberly Chojnacki, an associate in Baker Donelson's Houston office.

By Kimberly Chojnacki

4 minute read

June 28, 2022 | Texas Lawyer

Political and Social Advocacy at Work After the 'Roe v. Wade' Reversal—What Employers Should Know

The Roe v. Wade reversal is merely the latest societal event raising difficult questions about legal risk and company culture. Employers in Texas are well-advised to carefully consider these questions and to prepare in advance for conflicts that may arise, says Mike Muskat, a partner at Muskat, Mahony & Devine.

By Mike Muskat

5 minute read

June 27, 2022 | Texas Lawyer

When Can Jurors Consider Evidence of Intoxication, Impairment and Mental Health Conditions?

The bar in a tort case for admission of evidence that a party was intoxicated or impaired, or a party suffered from a mental health condition is lower than many would imagine, says Quentin Brogdon, a partner in Crain Brogdon.

By Quentin Brogdon

9 minute read