Featured image for “Bending the Rules: Utah’s Experiment with Non-Lawyer Entities Providing Legal Services”
Jun. 10, 2024

Bending the Rules: Utah’s Experiment with Non-Lawyer Entities Providing Legal Services

At a January 2024 meeting of the Texas Access to Justice Commission, the commission voted against a recommendation to create a pilot program that would have allowed non-attorney ownership of entities licensed to provide limited legal services tolow-income Texans. The topic of nonlawyer ownership in legal entities has been a topic of growing interest in recent years. Currently, Texas Disciplinary
Featured image for “Entre Nous – I’m Going to Need a Few More Strikes”
Jun. 10, 2024

Entre Nous – I’m Going to Need a Few More Strikes

One of the great honors that I have had over the past 13 years is to work as the Director of the State Bar’s Advanced Trial Strategies (ATS) course. This elite course, given in New Orleans each February, is designed for lawyers with 20+ years’ experience. Our committee’s aim is to get the best speakers, to bring important information to
Featured image for “DOJ Announces White-Collar Whistleblower Rewards Program, Sentencing Enhancements for Corporate Misuse of AI”
May. 13, 2024

DOJ Announces White-Collar Whistleblower Rewards Program, Sentencing Enhancements for Corporate Misuse of AI

At the American Bar Association’s 39th National Institute on White Collar Crime, U.S. Deputy Attorney General Lisa Monaco announced the formation of a Department of Justice (DOJ)-run rewards program for whistleblowers.  “The premise is simple,” Monaco said during her remarks in San Francisco on March 7, 2024. “If an individual helps DOJ discover significant corporate or financial misconduct—otherwise unknown to
Featured image for “Third Court of Appeals Criminal Update May 2024”
May. 13, 2024

Third Court of Appeals Criminal Update May 2024

The following are summaries of selected criminal opinions issued by the Third Court of Appeals in October 2023.  The summaries are overviews of particular aspects of the opinions; please review the entire opinions. Subsequent histories are current as of April 1, 2024. BURDEN OF PROOF – DUE DILIGENCE: Trial court did not abuse its discretion by prohibiting defense counsel from
Featured image for “Third Court of Appeals Civil Update May 2024”
May. 13, 2024

Third Court of Appeals Civil Update May 2024

The following are summaries of selected civil opinions issued by the Third Court of Appeals in March 2024. The summaries are overviews of particular aspects of the opinions; please review the entire opinions. Subsequent histories are current as of April 9, 2024. GOVERNMENTAL IMMUNITY:  Court holds agency is immune from takings claim. Texas State Library & Archives Comm’n v. Westmoreland,
Featured image for “The Rule of Law is Under Attack. What Are We Going to Do About It?”
May. 13, 2024

The Rule of Law is Under Attack. What Are We Going to Do About It?

“These are extraordinary times. As lawyers and as guardians of the third branch of government, we have a unique duty to lead our nation in the protection of judges, the rule of law and American democracy. The time has come to rededicate ourselves to our obligations.” This is the recent charge from American Bar Association (ABA) President Mary Smith, calling
Featured image for “Federal Civil Court Update May 2024”
May. 13, 2024

Federal Civil Court Update May 2024

The following are summaries of selected civil opinions issued by the Fifth Circuit in March 2024. The summaries are overviews of particular aspects of the opinions; please review the entire opinions. CLASS ACTIONS: Class Action Fairness Act’s local controversy exception to federal jurisdiction requires that all plaintiffs sustain their principal injuries in theforum state and nowhere else. Cheapside Mins., Ltd.
Featured image for “Bending the Rules: Texas Access to Justice Commission Votes “No” on Allowing Limited Legal Services by Non-Attorney-Owned Entities”
Apr. 10, 2024

Bending the Rules: Texas Access to Justice Commission Votes “No” on Allowing Limited Legal Services by Non-Attorney-Owned Entities

In October 2022, the Texas Supreme Court directed the Texas Access to Justice Commission (TAJC) to study existing rules and recommend actions that would accomplish two goals: 1. Allow qualified non-attorneys to provide limited legal services directly to low-income Texans; and 2. Allow non-attorneys to have economic interests in entities that provide legal services to low-income Texans while preserving attorneys’
Featured image for “The Arduous Case of Myra Clark Gaines”
Apr. 08, 2024

The Arduous Case of Myra Clark Gaines

With spring on the horizon, you may be anxious to finally close out that case that has been following you around for years and to do a deep clean of your inbox to regain some storage space.  For Myra Clark Gaines, it took decades before her attorneys could consider her dispute a thing of the past. In fact, she was
Featured image for “Federal Civil Update April 2024”
Apr. 08, 2024

Federal Civil Update April 2024

The following are summaries of opinions issued by the Fifth Circuit in February 2024. The summaries are overviews of particular aspects of the opinions; please review the entire opinions. STATUTE OF LIMITATIONS: Contractual limitations provision barred federal employment discrimination claim. Harris v. FedEx Corp. Servs., Inc., 92 F.4th 286 (5th Cir. 2024). FedEx hired Harris as an account executive in
Featured image for “Bending the Rules: Utah’s Experiment with Non-Lawyer Entities Providing Legal Services”
Jun. 10, 2024

Bending the Rules: Utah’s Experiment with Non-Lawyer Entities Providing Legal Services

At a January 2024 meeting of the Texas Access to Justice Commission, the commission voted against a recommendation to create…
Featured image for “Entre Nous – I’m Going to Need a Few More Strikes”
Jun. 10, 2024

Entre Nous – I’m Going to Need a Few More Strikes

One of the great honors that I have had over the past 13 years is to work as the Director…
Featured image for “DOJ Announces White-Collar Whistleblower Rewards Program, Sentencing Enhancements for Corporate Misuse of AI”
May. 13, 2024

DOJ Announces White-Collar Whistleblower Rewards Program, Sentencing Enhancements for Corporate Misuse of AI

At the American Bar Association’s 39th National Institute on White Collar Crime, U.S. Deputy Attorney General Lisa Monaco announced the…
Featured image for “Third Court of Appeals Criminal Update May 2024”
May. 13, 2024

Third Court of Appeals Criminal Update May 2024

The following are summaries of selected criminal opinions issued by the Third Court of Appeals in October 2023.  The summaries…
Featured image for “Third Court of Appeals Civil Update May 2024”
May. 13, 2024

Third Court of Appeals Civil Update May 2024

The following are summaries of selected civil opinions issued by the Third Court of Appeals in March 2024. The summaries…
Featured image for “The Rule of Law is Under Attack. What Are We Going to Do About It?”
May. 13, 2024

The Rule of Law is Under Attack. What Are We Going to Do About It?

“These are extraordinary times. As lawyers and as guardians of the third branch of government, we have a unique duty…
Featured image for “Federal Civil Court Update May 2024”
May. 13, 2024

Federal Civil Court Update May 2024

The following are summaries of selected civil opinions issued by the Fifth Circuit in March 2024. The summaries are overviews…
Featured image for “Bending the Rules: Texas Access to Justice Commission Votes “No” on Allowing Limited Legal Services by Non-Attorney-Owned Entities”
Apr. 10, 2024

Bending the Rules: Texas Access to Justice Commission Votes “No” on Allowing Limited Legal Services by Non-Attorney-Owned Entities

In October 2022, the Texas Supreme Court directed the Texas Access to Justice Commission (TAJC) to study existing rules and…
Featured image for “The Arduous Case of Myra Clark Gaines”
Apr. 08, 2024

The Arduous Case of Myra Clark Gaines

With spring on the horizon, you may be anxious to finally close out that case that has been following you…
Featured image for “Federal Civil Update April 2024”
Apr. 08, 2024

Federal Civil Update April 2024

The following are summaries of opinions issued by the Fifth Circuit in February 2024. The summaries are overviews of particular…