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How Does Texas View the No-Damages-for-Delay Clause?
The New York Supreme Court recently reinforced the limitations on delay damages in construction contracts. Texas likewise enforces No-Damages-for-Delay clauses in construction contracts, allowing parties to contractually bar monetary claims for delays. However, Texas recognizes important public policy exceptions.
Texas Supreme Court Clarifies Proximate Cause in a Catastrophic Highway Accident – Werner Enterprises, Inc. v. Blake
Casey Erick lists key takeaways from the June 2025 Texas Supreme Court opinion that clarified proximate cause in a catastrophic highway accident, including the requirement of a "Substantial Factor," the bar for negligence, and in this case - absence of derivative or direct employer liability.
Texas versus Delaware Fiduciary Law at Issue in Texas Business Court
Casey Erick points out the differences between Delaware law and Texas law - when it comes to fiduciary duties and modifications thereof - and the recent decision in the Primexx partnership dispute.
Fifth Circuit Reiterates: Prove the Existence of a Trade Secret
A recent Fifth Circuit Court of Appeals decision reiterates the need to prove the existence of a Trade Secret first.
Article III Judges and Shakespeare – “First, Let’s Kill All the Lawyers”
At the recent Western Alliance Bank Class Action Law Forum, panelist Judges Gee and Bencivengo cautioned: extreme measures may bring society to the brink of absolute intolerance and potential increased violence.
Could Tesla’s Firing of a Manager Who Complained About Elon Musk’s Nazi Jokes Implicate the First Amendment?
Tesla recently fired an employee who took umbrage at Elon Musk's public social media comments. Casey Erick explains how and when the First Amendment applies in similar situations.
Ames “Reverse Discrimination” Case and the Supreme Court of the United States
The Supreme Court of the U.S. is poised to consider the "reverse discrimination" Marlean Ames case for bias against majority rather than minority status.
Corporate Transparency Act Beneficial Ownership Information – UPDATED March 3, 2025
UPDATE, MARCH 3, 2025 — As was reported on Twitter/X Sunday, the Treasury Department will not enforce the Corporate Transparency Act’s Beneficial Ownership Information reporting requirement. See this article […]
What Actions Should Employers Take If the FTC Noncompete Ban Is Abandoned or Struck Down?
The new Trump Administration may spell a change for the FTC Noncompete Ban; Employment Law attorney Casey Erick explains.
President Trump’s Executive Order “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” and What That Means for Future Shareholder Actions
Shareholder actions challenging DEI programs may gain momentum following Trump's executive order impacting affirmative action measures.
Groundbreaking U.S. Corporate Transparency Act and What Business Owners Should Know
The Corporate Transparency Act requires most small corporations, companies and limited partnerships to register "beneficial ownership information" with the Financial Crimes Enforcement Network (FinCEN).
New California Law Potentially Impacts Other States’ Non-Compete Agreements
California has updated its non-competition law to give employees more freedom to work with competitors. This means that any agreements that restrict someone from working with a competitor in California are now invalid, except in limited cases.
Casey Erick Achieves Board Certification in Civil Trial Law
Casey Erick received Board Certification in Civil Trial Law from the Texas Board of Legal Specialization.
Cowles Thompson Successful in Enforcement of Foreign Arbitral Award
Cowles Thompson obtained recognition and enforcement of a foreign arbitral award under the Convention on Recognition and Enforcement of Foreign Arbitral Awards.
Uncertain Times Call for Stable Jobs
The U.S. News recently reported that the combined factors of a 2023 recession, decline in job growth, continued inflation, and higher interest rates – will likely culminate in pressure that […]
