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Will Chemical Damage Kill the Texas Wine Industry?

Will Chemical Damage Kill the Texas Wine Industry?

While the recent suit brought by 57 Texas High Plains wine grape growers against Bayer-Monsanto and BASF is receiving extensive press coverage, it is not clear whether the Texas wine industry can survive the onslaught. Some vineyards have experienced a 90 percent reduction in their grape harvest, which brings in more than $2,500 a ton.

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SPACs Stand or Fall on Their Disclosures

SPACs Stand or Fall on Their Disclosures

The special purpose acquisition company (SPAC) boom has hit a major roadblock in the form of faulty disclosures. Given the centrality of the SPAC’s disclosures to a plaintiff’s claims, SPACs need to take special care in crafting their disclosures going forward. This article will examine how SPACs can use guidance issued by the SEC to craft robust disclosures that will weaken a plaintiff’s claims.

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Who Qualifies as a Healthcare Provider?

Who Qualifies as a Healthcare Provider?

As healthcare becomes more technology-driven, the traditional understanding of what constitutes a “heathcare provider” has been blurred. Brandon Winchester and Andy Hicks examine protections afforded by the Texas Medical Liability Act, which can be used as an important tool for medical technology companies facing possible liability related to the provision of medical care.

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How to Prepare for the Deluge of SPAC Litigation

How to Prepare for the Deluge of SPAC Litigation

Transactions involving special purpose acquisition companies (SPACs) have risen at a meteoric rate in recent months. Partner Varant Yegparian examines key legal issues that could arise in the event of SPAC litigation and provides sponsors—including private equity firms and investment banks—with a general outline of steps that may mitigate legal exposure.

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A Guide to Texas Trade Secret Laws

A Guide to Texas Trade Secret Laws

This article focuses on a spate of recent decisions from the Texas federal courts to show how the two laws can impact a trade secret dispute and how a party in litigation can maneuver them towards a favorable resolution.

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Three Steps Oil and Gas Producers Should Take Now

Three Steps Oil and Gas Producers Should Take Now

In the wake of President Joe Biden’s executive order revoking the Keystone XL pipeline permit, oil and gas producers are bracing for additional actions. Producers and others shipping oil and gas on potentially affected pipelines would be well served to apprise themselves of their rights and obligations as soon as possible.

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The Keystone XL Pipeline: What Happens Next?

The Keystone XL Pipeline: What Happens Next?

On January 20, 2021, President Joe Biden signed an executive order revoking the presidential permit for the Keystone XL pipeline border crossing. While this is not the first time a U.S president has issued such a directive, it may be the final blow for a project that has been in progress for more than a decade.

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McGirt Update: Tax, Environmental, and Energy Implications

McGirt Update: Tax, Environmental, and Energy Implications

Three months on from the Supreme Court’s decision in McGirt v. Oklahoma, the fallout is becoming increasingly clear in Oklahoma—wide-ranging effects on the state’s taxation and environmental regulatory bodies are already emerging. Summer associate Dave Finkel, Andy Hicks, and Adam Dinnell examine the post-McGirt landscape.

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A Practitioner’s Guide to COVID-19-Related Force Majeure Disputes

A Practitioner’s Guide to COVID-19-Related Force Majeure Disputes

The predicted wave of force majeure litigation related to COVID-19 has now become reality. Lawsuits are increasingly being filed by parties to contractual disputes and practitioners are increasingly being called upon to evaluate such disputes. This article is intended to provide in-house lawyers and business executives with a guide for evaluating these disputes from their inception.

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Government-Mandated Closures: Who is Liable If Businesses Fail?

Government-Mandated Closures: Who is Liable If Businesses Fail?

As U.S. companies struggle with government-mandated closures—including re-openings followed by rollbacks in states like Texas, Florida, and California—a growing number of businesses, especially in the hospitality and entertainment sectors, are closing their doors for good. In this grim scenario, business owners may be wondering if litigation is possible when government-enforced suspensions cause their businesses to fail.

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Guidance for MSLP Lenders: How to Minimize Litigation Exposure

Guidance for MSLP Lenders: How to Minimize Litigation Exposure

While the Main Street Lending Program (“MSLP”) was designed to ameliorate economic harm caused by the COVID-19 pandemic, it leaves lenders open to possible litigation exposure if borrowers fail to satisfy their obligations. How can lenders protect themselves and minimize the level of risk?

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Checklist: Managing Force Majeure

Checklist: Managing Force Majeure

In a turbulent economy, circumstances often arise in which a party seeks to avoid contractual obligations by invoking a force majeure provision in the relevant agreement. The following checklist offers a preliminary way forward.

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Do Masks Compromise Witness Credibility?

Do Masks Compromise Witness Credibility?

As American society copes with the COVID-19 pandemic, masks and face coverings have become the focus of legal mandates, political protests, and nonstop commentary—in some instances, even violence. But beyond the public health guidance and ideological debates, trial lawyers face a new and unique question: Could whether a witness is wearing a mask impact their credibility in the eyes of a jury?

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PPP Agent Fees: A Guide for Accountants, Attorneys, and Consultants

PPP Agent Fees: A Guide for Accountants, Attorneys, and Consultants

The troubles affecting the federal government’s Payroll Protection Program (PPP) have been well documented. One critical issue is the fact that, while PPP lenders have been receiving their fees, PPP agents have not. This article examines three recently filed class actions, analyzes other litigation concerning the CARES Act, and provides guidance to PPP agents on how to protect their rights and receive their fees.

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Genetic Typing Could Answer Key Questions in COVID-19 Tort Litigation

Genetic Typing Could Answer Key Questions in COVID-19 Tort Litigation

The current crisis is already spawning tort suits seeking damages for illness or death allegedly caused by negligent or reckless exposure. Former DOJ trial counsel Adam Dinnell has successfully used genetic typing, a form of “fingerprinting” that differentiates between thousands of different genetic types of a particular pathogen, as evidence in similar cases involving Legionnaire’s Disease.

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Genetic Typing Could Answer Key Questions in COVID-19 Tort Litigation

Genetic Typing Could Answer Key Questions in COVID-19 Tort Litigation

The current crisis is already spawning tort suits seeking damages for illness or death allegedly caused by negligent or reckless exposure. Former DOJ trial counsel Adam Dinnell has successfully used genetic typing, a form of “fingerprinting” that differentiates between thousands of different genetic types of a particular pathogen, as evidence in similar cases involving Legionnaire’s Disease.

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Update: Force Majeure Provisions in the Age of COVID-19

Update: Force Majeure Provisions in the Age of COVID-19

As the COVID-19 crisis and its economic fallout intensify, contractual parties have increasingly invoked force majeure provisions to excuse performance of contracts. This article offers an update on emerging global trends in force majeure and the evolving considerations businesses should apply in evaluating force majeure provisions found in existing as well as new contracts.

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