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Don’t miss my short holiday video A Very Special Five Minute Law Thanksgiving.

Florida Supreme Court holds that Facebook friendship with lawyer did not require disqualification of judge.

It’s Franken-steen First let’s get something out of the way. The Texas Citizens Participation Act (TCPA) is a Frankenstein’s monster that the legislature created and now needs to reign in (not that they listen to me). As I explained in a three-part series back in the summer of 2017, the TCPA grants defendants in certain cases the unusual right to require the plaintiff to prove its case before taking any discovery. In litigator jargon, it effectively lets the defendant file a “no-evidence” motion for summary judgment without first requiring an adequate time for discovery. The statute was intended to curtail […]

The second-best book ever written about American politics can teach us a lot about how to prevent the degradation of democracy

“Just answer the question” is standard deposition advice. But is that always the best advice? And can people actually follow it?

If every customer list was a trade secret, that would impose a de facto non-compete on every sales person. But not every customer list is a trade secret.

What real lessons can we learn from those “most successful people I’ve met” memes and tweets?

Five key issues in departing employee litigation in five minutes. From a Texas perspective.

Let’s set aside the politics of the Brett Kavanaugh Supreme Court confirmation hearings for five minutes (as if that were possible). What can litigators learn about effective cross-examination from Senator Kamala Harris’s grilling of Judge Brett Kavanaugh about a possible discussion of the Mueller investigation with a law firm that represents Donald Trump? The reviews of Harris’s performance were all over the map. Some gushed over the former prosecutor’s toughness and cross-examination prowess. Others, especially fellow litigators, scoffed like she was an amateur. (I imagine the latter is similar to the way jealous stand-up comedians review each other.) And strangely […]

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