Texas Lawyer | Analysis|Best Practices|Expert Opinion
By Steven J. Knight and AJ Foreman | April 7, 2022
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 Elisa Reiter and Daniel Pollack | April 5, 2022
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.
Texas Lawyer | Analysis|Expert Opinion
By Gary Fowler, Esq. | April 5, 2022
"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.
Texas Lawyer | Commentary|Expert Opinion
By Aron Solomon | April 5, 2022
"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.
Texas Lawyer | Analysis|Expert Opinion|Q&A
By Kenneth Artz | April 1, 2022
"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.
Texas Lawyer | Analysis|Expert Opinion
By Brent D. Hockaday | March 31, 2022
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.
Texas Lawyer | Analysis|Expert Opinion
By Elisa Reiter and Daniel Pollack | March 28, 2022
In every divorce case where a psychological exam is sought, the trial court must balance the need for the information to substantiate claims asserted by a party against that individual's right to privacy, say family law attorneys Elisa Reiter and Daniel Pollack.
Texas Lawyer | Analysis|Expert Opinion
By Michael P. Maslanka | March 25, 2022
While zealous advocacy by lawyers on behalf of is not only permitted but required, a lawyer crosses the line into an ethical violation by using unlawful means (extortion) to achieve a lawful end.
Texas Lawyer | Analysis|Expert Opinion|Q&A
By Kenneth Artz | March 24, 2022
"The thing about managing a law firm is that law school doesn't teach you how to manage a firm's finances," says attorney Omar Ochoa, founder of Omar Ochoa Law Firm.
Texas Lawyer | Commentary|Expert Opinion
By John G. Browning | March 24, 2022
A recent study done of British barristers concludes that their use of words such as "respectfully" and "with great respect" may be cloaked in politeness but actually "can indicate disrespect and undermine the professional competence of other lawyers."
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