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LITIGATION ALERT: Free Speech in Texas

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 […]

Richard L. Hathaway

LITIGATION ALERT: Texas Enacts New Uniform Trade Secrets Act

Texas recently enacted the Texas Uniform Trade Secrets Act (“TUTSA” or the “Act”) becoming the 48th state to enact the model statute and leaving only Massachusetts and New York to remain.  Governor Rick Perry signed TUTSA […]

LITIGATION ALERT: INSURANCE LAW UPDATE: Fifth Circuit certifies to the Supreme Court of Texas: Is the contractual liability exclusion triggered by a general contractor's agreement to "perform its work in a good and workmanlike manner"?

Two years ago, in Gilbert Texas Construction, L.P. v. Underwriters at Lloyd’s London, the Texas Supreme Court held that the contractual liability exclusion in a general contractor’s CGL applied to exclude coverage when the insured assumed […]

Richard L. Hathaway