ARTICLE · 14 MARCH 2023

Working With A Net – Attorney Immunity For Texas Transactional Lawyers

Rapp & Krock

Explore more from Rapp & Krock

If you are a transactional attorney, you are now afforded the benefits and privileges under the attorney immunity doctrine.

United StatesLitigation, Mediation & Arbitration

Kelly M. Christy

If you are a transactional attorney, you can now rest easy knowing that the attorney immunity doctrine protects you from claims brought by the other party in the transaction so long as your conduct meets the recent standard announced by the Texas Supreme Court. Before May of this year, transactional attorneys had been left wondering whether the attorney immunity doctrine extended outside the litigation context. This placed transactional attorneys in a tough situation which required attorneys to fulfill their ethical obligation to zealously represent their clients while also subjecting themselves to the risk of liability to the other side in commercial transactions.

The Texas Supreme Court had previously made clear that the attorney immunity doctrine provides substantial protections against opposing parties when litigators zealously advocate for their clients in litigation matters. See Cantey Hanger, LLP v. Byrd, 467 S.W.3d 477 (Tex. 2015). However, prior to May

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

Related Articles

Eleventh Circuit Joins Other Circuits And Eliminates Exhaustion Requirement For ERISA Fiduciary-Breach Claims

United StatesLitigation, Mediation & Arbitration

Delaware Narrows The Lens On Litigation Funding Discovery

United StatesLitigation, Mediation & Arbitration

Genentech And Biocon Settle Pertuzumab Biosimilar BPCIA Litigation

GlobalLitigation, Mediation & Arbitration

Goodwin Procter LLP

How Rule 45 Update May Change Remote Trial Subpoenas

United StatesLitigation, Mediation & Arbitration

No Common Proof, No Class: C.D. Cal. Denies Certification In Engine Defect Case

United StatesLitigation, Mediation & Arbitration

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

Comparative Guide

Class Actions

Comparative Guide

Litigation

Comparative Guide

International Arbitration

See more popular content from

Litigation, Mediation & Arbitration

Tenth Circuit Stays Nationwide Eligibility Injunction For Class Of 2022 In Wisne v. NCAA

On August 21, 2026, the Tenth Circuit granted the NCAA’s stay request in Wisne v. NCAA, temporarily restoring the NCAA’s age-based eligibility rules pending resolution of the appeal. Three weeks earlier, Judge Sweeney of the District of Colorado had issued a nationwide injunction that permitted athletes in the Class of 2022 to pursue a fifth year of eligibility.

United StatesLitigation, Mediation & Arbitration

Buchanan Ingersoll & Rooney

The Largest Class Action Settlements In U.S. History

The top ten largest class action settlements in securities cases in the U.S. have recouped tens of billions of dollars in damages.

United StatesLitigation, Mediation & Arbitration

Miller Shah LLP

“LEGAL ANALYSIS SO POOR THAT IT HARDLY DESERVES THE LABEL”: Fifth Circuit COA Destroys Federal Judge For Using AI And I Cannot Believe Lawyers Are Still Using This Junk

A Fifth Circuit Court of Appeals ruling harshly criticizes a federal district judge for relying on AI-generated content in legal orders, revealing fabricated facts and poor legal analysis. The decision raises critical questions about the use of generative AI in legal practice and whether lawyers who adopt such technology are compromising their ethical obligations of competence, confidentiality, and integrity.

United StatesLitigation, Mediation & Arbitration

Troutman Amin LLP

What Investigating The Camp Mystic Flood Taught Me About Neutral Analysis

On the morning of July 4, 2025, catastrophic flooding on the Guadalupe River took 135 lives across the Texas Hill Country. Twenty-eight of them—25 school-aged campers, two young counselors and the camp's co-executive director—were at Camp Mystic, a century-old girls' camp near Hunt.

United StatesLitigation, Mediation & Arbitration

Federal Court Splits On Disclosure Of Expert Witness AI Prompts

Two federal courts have reached opposing conclusions on whether expert witnesses must disclose their AI prompts during discovery. While one court treats prompts as discoverable methodology, another protects them as mental impressions while requiring disclosure of AI-generated outputs the expert consulted.

United StatesLitigation, Mediation & Arbitration

Show Your Work: California Federal Court Denies Preliminary Approval Of Data Breach Class Action Settlement

A federal court in California denied preliminary approval of a $2.3 million data breach settlement affecting over 220,000 individuals, finding seven critical deficiencies in the proposed agreement. The decision highlights the rigorous scrutiny courts apply to class action settlements, particularly regarding claims-made distribution processes, inadequate documentation of settlement value, and unexplained disparate treatment among class members.

United StatesLitigation, Mediation & Arbitration

Duane Morris LLP

California Federal Court Denies TikTok’s Motion To Dismiss Children’s Privacy Claims Based On Prior Class Action Settlements

A federal court rejected TikTok's attempt to use two prior nationwide class action settlements—totaling over $93 million—to dismiss new privacy claims brought by minors alleging violations of the Children's Online Privacy Protection Act. The ruling hinged on whether the current plaintiffs were demonstrably members of the earlier settlement classes based solely on the pleadings, raising critical questions about the scope and enforceability of broad settlement releases in successive privacy litiga

United StatesLitigation, Mediation & Arbitration

Duane Morris LLP

Supreme Court To Review Constitutionality Of Federal Home-Distilling Ban

The U.S. Supreme Court will review a constitutional challenge to an 1868 federal law banning home distilleries, creating an opportunity to resolve a circuit split between the 5th and 6th Circuit Courts of Appeals. The case centers on whether the prohibition violates the Constitution's Taxation Clause or represents a legitimate exercise of congressional power to prevent tax evasion.

United StatesLitigation, Mediation & Arbitration

Taft, Stettinius & Hollister LLP

Venture Global Update: Galp Prevails In Latest LNG Commissioning Dispute

An ICC tribunal has ruled in favor of Galp in its dispute with Venture Global over the Calcasieu Pass LNG facility, finding that Venture Global breached its obligation to declare the facility operational in a timely manner. This decision adds to a series of contrasting outcomes in similar disputes involving other buyers, with damages yet to be determined in a hearing scheduled for 2027 or 2028.

United StatesLitigation, Mediation & Arbitration

Court Of Chancery Imposes Sanctions For Spoliation Of Signal Messages

The Delaware Court of Chancery imposed significant sanctions in a merger litigation case after finding that the company's controlling stockholder and senior officers recklessly destroyed Signal messages following legal hold notices. The court shifted the burden of proof by presuming certain facts favorable to plaintiffs, requiring defendants to rebut these presumptions with clear and convincing evidence rather than a preponderance standard.

United StatesLitigation, Mediation & Arbitration