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  • Article

    Texas Supreme Court Clarifies Proximate Cause In A Catastrophic Highway Accident – Werner Enterprises, Inc. v. Blake

    On June 27, 2025, the Texas Supreme Court issued its opinion in Werner Enterprises, Inc. v. Blake, No. 23-0493, providing significant guidance on the doctrine of proximate...
    United StatesLitigation, Mediation & Arbitration
    Cowles & Thompson, PC
    Cowles & Thompson, PC
  • Article

    President Trump's Executive Order "Ending Illegal Discrimination And Restoring Merit-Based Opportunity" And What That Means For Future Shareholder Actions

    Shareholder actions challenging DEI programs may gain momentum following Trump's executive order "Ending Illegal Discrimination and Restoring Merit-Based Opportunity" that impacts affirmative action measures.
    United StatesCorporate/Commercial Law
    Cowles & Thompson, PC
    Cowles & Thompson, PC
  • Article

    Texas Versus Delaware Fiduciary Law At Issue In Texas Business Court

    Earlier this month, the Texas Business Court issued its first ruling in Primexx Energy Opportunity Fund, LP v. Primexx Energy Corporation, addressing the modification of fiduciary duties in limited partnerships.
    United StatesCorporate/Commercial Law
    Cowles & Thompson, PC
    Cowles & Thompson, PC
  • Article

    Johnson & Johnson's Texas Two‑Step: A Bankruptcy Strategy Under Scrutiny

    Friday, January 30th, a US judge dismissed a lawsuit against pharmaceutical company Johnson & Johnson (J&J), wherein plaintiffs claimed J&J relied on the "Texas Two-Step" as part of its bankruptcy plan.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Cowles & Thompson, PC
    Cowles & Thompson, PC
  • Article

    Fifth Circuit Reiterates: Prove The Existence Of A Trade Secret

    A recent Fifth Circuit Court of Appeals decision reiterates the need to prove the existence of a trade secret first.
    United StatesIntellectual Property
    Cowles & Thompson, PC
    Cowles & Thompson, PC
  • Article

    Texas Supreme Court Addresses Procedural And Substantive Requirements For Independent Medical Examinations Of Plaintiffs

    In most personal injury cases, it is usually the plaintiff's treating doctors who have first-hand, personal contact with the plaintiff ...
    United StatesLitigation, Mediation & Arbitration
    Cowles & Thompson, PC
    Cowles & Thompson, PC
  • Article

    New California Law Potentially Impacts Other States' Non-Compete Agreements

    California has updated its non-competition law to give employees more freedom to work with competitors.
    United StatesEmployment and HR
    Cowles & Thompson, PC
    Cowles & Thompson, PC
  • Article

    2023 Statistics For The Supreme Court Of Texas Are Here

    I have done the number crunching for Texas Supreme Court cause disposition for the calendar year beginning January 1, 2023, and ending December 31, 2023.
    United StatesLitigation, Mediation & Arbitration
    Cowles & Thompson, PC
    Cowles & Thompson, PC
  • Article

    Biden Administration's Department of Labor Raises Salary Test for Exempt Employees

    In a dramatic regulatory move, the Biden Administration has increased the minimum salary necessary for salaried employees to be exempt from overtime from its current $684 per week ...
    United StatesEmployment and HR
    Cowles & Thompson, PC
    Cowles & Thompson, PC
  • Article

    Could Tesla's Firing Of A Manager Who Complained About Elon Musk's Nazi Jokes Implicate The First Amendment?

    The First Amendment is generally not implicated in private business, as it only applies to government actions.
    United StatesEmployment and HR
    Cowles & Thompson, PC
    Cowles & Thompson, PC
  • Article

    What Actions Should Employers Take If The FTC Noncompete Ban Is Abandoned Or Struck Down?

    In April 2024, the FTC finalized a rule to ban most non-compete agreements, set to take effect in September. This rule has faced challenges in district courts, with rulings against the FTC in Florida and Texas. Appeals are ongoing in the 11th and 5th Circuits.
    United StatesEmployment and HR
    Cowles & Thompson, PC
    Cowles & Thompson, PC
  • Article

    Settlement Agreements Can Be Held Nondischargeable Debts In Bankruptcy

    Prior to filing bankruptcy, the debtor settled an assault claim by agreeing to pay the victim/creditor $415,000.00 in installments. The debtor complied up to a point, paying $186,000.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Cowles & Thompson, PC
    Cowles & Thompson, PC
  • Article

    Non-Consensual Third-Party Releases No Longer Permissible In Chapter 11 Plans

    In 2024, in a 5-4 decision, the Supreme Court rejected the notion that bankruptcy courts may confirm a plan of reorganization that discharges claims against third parties — without the consent of affected claimants.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Cowles & Thompson, PC
    Cowles & Thompson, PC
  • Article

    The Supreme Court Of Texas Reverses $21M Judgment On A Technicality — The Importance Of Being Earnest (With Addresses)

    On August 30, 2024, the Texas Supreme Court issued a per curiam opinion in Richard Wade v. Luiz Valdetaro, et al., reversing an approximate $21 million judgment rendered after a virtual bench trial.
    United StatesLitigation, Mediation & Arbitration
    Cowles & Thompson, PC
    Cowles & Thompson, PC
  • Article

    Texas Supreme Court Finds Trial Court Abused Its Discretion In Not Allowing Defendants To Withdraw Admissions Responses

    On December 6, 2024, the Supreme Court of Texas issued a per curiam opinion (a unanimous opinion where the court speaks as a whole unit) in In re Euless Pizza, LP, et al., reversing the trial and appellate courts' decisions that prevented the defendants from amending/withdrawing admissions responses
    United StatesLitigation, Mediation & Arbitration
    Cowles & Thompson, PC
    Cowles & Thompson, PC
  • Article

    The Advantages Of A Prenuptial Agreement And What To Expect

    Marriage is a lot of things: a commitment, a journey, an adventure, a story that unfolds between two people.
    United StatesFamily and Matrimonial
    Cowles & Thompson, PC
    Cowles & Thompson, PC
  • Article

    Massage Facility Franchisor Has No Liability To Sexual Assault Victim Of Franchisee's Employee – Texas Supreme Court Rules

    On May 2, 2025, the Texas Supreme Court, in a per curiam opinion in Massage Heights Franchising, LLC v. Danette Hagman, reversed a Houston Fourteenth Court of Appeals decision in part...
    United StatesLitigation, Mediation & Arbitration
    Cowles & Thompson, PC
    Cowles & Thompson, PC
  • Article

    Supreme Court Of Texas Statistics For 2025

    Spring has arrived early in Texas and so has another annual appearance: the statistics for the Texas Supreme Court.
    United StatesLitigation, Mediation & Arbitration
    Cowles & Thompson, PC
    Cowles & Thompson, PC
  • Article

    Fathers' Rights: Summer Possession Schedules And Maximizing Time With Your Children

    While divorced fathers generally see their children less during the school year, summer provides a great opportunity for fathers to spend more quality time with their children.
    United StatesFamily and Matrimonial
    Cowles & Thompson, PC
    Cowles & Thompson, PC
  • Article

    Live From Dallas: The Texas Stock Exchange

    Last Spring, we provided an overview of the Texas Stock Exchange. One year later, the Exchange has clearly moved from concept to reality, following its June 27, 2026 Final Confidence Test and the launch of phased trading in July. The key question now is whether the Exchange can scale smoothly, attract listings, and build meaningful liquidity as it expands through 2026 and into 2027.
    United StatesFinance and Banking
    Cowles & Thompson, PC
    Cowles & Thompson, PC

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