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Back in my day, there was only one night when you could watch NFL action: Monday. Once Don Meredith started signing “Turn Out the Lights . . .” that was all the pro football you were going to get until the next Sunday. There was no “Thursday Night Football,” or even “Football Night in America.” And we liked it. The other thing we did back in the good old days, meaning roughly 2017 until now, was file a TCPA motion to dismiss in a lawsuit that wasn’t really about “freedom of speech” or “freedom of association,” at least not in […]

Does Texas law allow direct access to a departing employee’s computer or other device? Let’s apply the Texas Supreme Court’s decisions in Weekley Homes and Shipman.

Are you a Texas business, or a lawyer who represents Texas businesses in litigation? Get ready for federal-style motions to dismiss to become routine in state court litigation.

If you’re buying a business in Texas and the seller agrees to a non-compete, will it hold up in court?

If your contract has a standard “disclaimer of reliance,” does that mean the other party can’t sue you for fraudulent inducement?

The Dallas and Fort Worth Court of Appeals don’t think the TCPA applies to ordinary claims of conspiracy or misappropriation of confidential information.

The Federalization of the Texas discovery rules is coming. Most of the changes look good, but limiting parties to 25 requests for production?

Proposed legislation would limit the Texas Citizens Participation Act (TCPA) to its stated purpose of protecting constitutional rights, and would exempt non-compete suits.

You probably know the Sunk Cost Fallacy and how it applies to litigation. But do you understand the Sunk-Cost-Fallacy Fallacy?

Does the First Amendment protect the right to burn the American flag? Well, it depends. Consider three scenarios: A Boy Scout troop burns a worn-out American flag because that is the proper and respectful way to dispose of it. See 4 U.S.C. § 8(k) (“The flag, when it is in such condition that it is no longer a fitting emblem for display, should be destroyed in a dignified way, preferably by burning.”) A radical burns the flag at a lawful protest while yelling “down with American imperialism” (which tells you the radical is probably old enough to qualify for Medicare). […]