Author Info for Gray Reed

Jay Aldis

The Impact of the Federal Trade Commission’s Noncompete Ban on the Construction Industry

For years, there has been a state-by-state push to restrict or prohibit non-compete agreements that limit workers’ ability to take a job with a competitor after leaving their employer. This movement to boost employee mobility… more

Construction Workers, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Hiring & Firing

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Angela Alloju

Navigating the IRS On Your Own: 101

Headlines and updates on sweeping changes to operations and staffing with regards to numerous federal agencies, and now implementing new tariffs, as we enter tax filing season may have people even more on edge than years prior… more

Income Taxes, Internal Revenue Code (IRC), IRS, Tax Credits, Tax Liability

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Daryl Bailey

Deep in the Heart of Privacy: Understanding the Texas Data Privacy and Security Act's Impact on Businesses

On May 28, 2023, the Texas Legislature passed the Texas Data Privacy and Security Act (TDPSA). Once this law becomes effective on July 1, 2024, Texas will become the tenth state to adopt a consumer data privacy law. This Texas… more

Consumer Privacy Rights, Cybersecurity, Data Management, Data Privacy, Data Protection

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Julia Bobbitt

The Importance of Choosing Counsel in Insurance-Covered Lawsuits

After a company has been sued, its immediate next steps should be twofold: consult its lawyer and notify its insurance carrier. The carrier should pick up the defense and provide an attorney to represent the company for a… more

Corporate Counsel, Defense Strategies, Insurance Industry, Policy Terms, Premiums

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Jeffrey Bourdon

Pump the Brakes: Corporate Transparency Act Compliance No Longer Required (at Least for Now)

The United States District Court for the Eastern District of Texas, in Texas Top Cop Shop, Inc., et al. v. Garland, et al., issued an injunction temporarily stopping enforcement of the Corporate Transparency Act (CTA)… more

Beneficial Owner, Business Entities, Business Ownership, Compliance, Corporate Transparency Act

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Emily Bowlin

Specialty Zoning Topics for Developers and Builders

Last month, we delved into the fundamentals of zoning as they relate to developers and builders. Now, let’s take a deeper dive into specialized zoning topics that merit closer examination… more

Construction Project, Housing Developers, Land Developers, Real Estate Development, Special Use Permit

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Anthony Box

The IRS is Hiring an Army to Audit Corporations, Partnerships, and High-Income Individuals

The IRS has been understaffed for many years, and this has led to a decline in the number of audits conducted. The personnel shortage has also made it difficult to keep up with the growing complexity of the tax code and to… more

Enforcement Actions, Federal Taxes, High Net-Worth, Income Taxes, IRS

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Jason Brookner

Midstream Dedications – Colorado Bankruptcy Court Levels the Playing Field

Until Monarch Midstream v. Badlands Energy, midstream companies facing rejection of their contracts in a producer’s bankruptcy were left with Abraham Lincoln’s least favorite negotiating option: If the both law and the facts are… more

Asset Protection, Chapter 11, Commercial Bankruptcy, Contract Terms, Covenants that Run With the Land

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Darin Brooks

The Importance of Choosing Counsel in Insurance-Covered Lawsuits

After a company has been sued, its immediate next steps should be twofold: consult its lawyer and notify its insurance carrier. The carrier should pick up the defense and provide an attorney to represent the company for a… more

Corporate Counsel, Defense Strategies, Insurance Industry, Policy Terms, Premiums

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Max Brown

Busted Land Transaction Violated the Statute of Frauds

In the Estate of Terry Banta presents yet another purported Texas land transaction doomed because of disregard for the Statute of Frauds. Terry Banta and the Herriotts entered into an oral agreement for the Herriotts to purchase… more

Contract Terms, Land Titles, Oil & Gas, Oral Contracts, Purchase Agreement

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Sean Burns

Federal Court Gives a Primer on Oil and Gas Lease Maintenance

In re: EP Energy E&P Company, LP considered three lease maintenance provisions in several oil and gas leases. The federal district court ruled that the leases were maintained in force after cessation of production despite… more

Energy Sector, Force Majeure Clause, Mineral Leases, Mineral Rights, Oil & Gas

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Austin Carlson

The Corporate Transparency Act: What You Need to Know About Mandatory Beneficial Ownership Reporting Requirements Coming Soon

By January 1, 2022, the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) will publish regulations regarding mandatory beneficial ownership reporting requirements (Reporting Requirements) as… more

Anti-Corruption, Beneficial Owner, Corporate Transparency Act, FinCEN, Regulatory Requirements

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Brian Clark

That’s All Capital Gain Right? Income Taxes and Intellectual Property Monetization

Intellectual property (“IP”) is typically monetized either by sale or (royalty generating) license agreements. The Code often allows sales to be taxed at preferential capital gains rates while simple royalties are ordinary… more

Capital Gains, Digital Assets, Intellectual Property Protection, Internal Revenue Code (IRC), IRS

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Cleveland Clinton

Live-In Mom Killed Daughter’s Father: Her Rights to the Child’s Inheritance?

Kittie started dating her daughter’s boyfriend Butch when he was 17 years old. They apparently dated for over twenty years, during which time Kittie purchased him a house to “use.” Butch later moved into the house with his… more

Asset Management, Beneficiaries, Common Law Marriage, Constructive Trusts, Estate Claims

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Stephen Cooney

It’s Been Decided, In Texas the Mineral Lessee, Not the Surface Owner, Owns Produced Water

In Cactus Water v. COG Operating, the Supreme Court affirmed that mineral lessee COG, not water rights owner Cactus (who derived it rights from the surface owner), has the right to possession, custody, control, and disposition… more

Commercial Leases, Contract Disputes, Mineral Leases, Oil & Gas, Property Ownership

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Justin Cowan

Arbitration Over Offshore Leases Does Not Warrant Lawsuit Dismissal

Just because parties agree that disputes over a contract will be subject to binding arbitration doesn’t mean there won’t be wrestling at the courthouse beforehand. In LLOG Exploration Offshore, LLC v. Samson Contour Energy E&P,… more

Arbitration, Arbitration Agreements, Contract Disputes, Contract Terms, Mineral Leases

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Ruth Ann Daniels

Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act – Five Key Takeaways

On March 3, 2022, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the “Act”), prohibiting employers from enforcing predispute arbitration agreements and class… more

#MeToo, Arbitration, Arbitration Agreements, Biden Administration, Employer Liability Issues

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Chris Davis

Deep in the Heart of Privacy: Understanding the Texas Data Privacy and Security Act's Impact on Businesses

On May 28, 2023, the Texas Legislature passed the Texas Data Privacy and Security Act (TDPSA). Once this law becomes effective on July 1, 2024, Texas will become the tenth state to adopt a consumer data privacy law. This Texas… more

Consumer Privacy Rights, Cybersecurity, Data Management, Data Privacy, Data Protection

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Christian Dewhurst

Economic Outlook – The Impacts of Inflation and Interest Rates on the Construction Industry

What’s the deal with inflation and interest rates? Inflation has been, unfortunately, a hot topic as of late. In the wake of COVID-19, inflation has caused rising prices and unpredictable market conditions that affect everyone… more

Construction Contracts, Construction Project, Federal Funding, Federal Reserve, Financial Markets

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William Drabble

The Law of Booby Traps in Texas for Those Left Home Alone

The rule in Texas (and other states) is that setting a booby trap is permissible if and only if the facts are such that the property owner could have used same force and inflicted the same injury had he been present in person… more

Bodily Injury, Deadly Force, Gross Negligence, Property Owners, Self-Defense

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David Earhart

SEC Approves Nasdaq Board Diversity Proposal

On August 6, 2021, the Securities and Exchange Commission (the “SEC”) approved the board diversity rule proposed by the Nasdaq Stock Market LLC (“Nasdaq”) mentioned in our previous article (the “Board Diversity Rule”). Nasdaq… more

Board of Directors, Corporate Governance, Disclosure Requirements, Diversity and Inclusion Standards (D&I), LGBTQ

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Julia Edwards

Most-Favored-Nations Clause Costs Lessee

This “most-favored-nations” clause in three oil and gas leases on land in LaSalle County, Texas, was at issue in EP Energy E&P Co., L.P. v. Storey Minerals, Ltd. … more

Bonuses, Contract Terms, Mineral Leases, Most-Favored Nations, Oil & Gas

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London England

Federal Court Distinguishes Devon v. Sheppard

Producers disappointed by the Supreme Court’s holding in Devon Energy Production v. Sheppard might have reason to feel vindicated. The question in HL Hawkins Jr., Inc. v. Capitan Energy Inc. et al. was whether producer Capitan… more

Contract Terms, Devon Energy Production v Sheppard, Gross Proceeds, Mineral Extraction, Mineral Leases

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Katie English

Does it Matter if a Deed Correction is Material?

McCabe Trust v. Ranger Energy LLC, is the consequence of failing to comply with the Texas Property Code when correcting real property conveyances… more

Deeds, Energy Sector, Foreclosure, Mineral Leases, Mortgages

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Marcus Fettinger

Fifth Circuit Tells the Oil Patch That a Day Rate is Not a Salary

Under the Fair Labor Standards Act, what is required for an employee to be exempt from overtime pay? Ordinarily, it’s a guaranteed minimum salary. As the Department of Labor has explained, being paid on a “salary basis” means an… more

Day-Rate Pay, Employment Litigation, Exempt-Employees, Fair Labor Standards Act (FLSA), Highly Compensated Employees

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Rachel Freeman

Proposed Revisions To The Anti-Kickback Regulatory Discount Safe Harbor: What Does This Mean For The Drug Industry And For Your Drug Prices In 2020?

Continuing the Trump administration’s efforts to lower drug prices and reduce patient out-of-pocket costs, on February 6,2019, the U.S. Department of Health and Human Services Office of Inspector General (“HHS”) released a much… more

Anti-Kickback Statute, Department of Health and Human Services (HHS), Drug Pricing, Health Care Providers, MCOs

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Vernon Howerton Jr.

Navigating the Proposed Elimination of Employee Non-Compete Agreements

If you have been around Texas construction in the past decade, you’ve no doubt heard about a foreman shopping his crew around. You’ve probably worried about a key superintendent or project manager taking his skills to your… more

Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Former Employee, Hiring & Firing

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Kendall Hudgins

Weathering the Storm—Part 1: Understanding Liquidated and Consequential Damages in Construction Contracts

When project delays occur due to natural disasters, the financial implications can be severe. Construction stakeholders often focus on immediate physical damages while overlooking the potentially devastating impact of liquidated… more

Construction Contracts, Construction Industry, Construction Project, Damages, General Contractors

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Lynsey Hyde

Delaware: A Confirmed Pro-Sandbagging Jurisdiction

In an opinion of significance to M&A Practitioners, the Delaware Court of Chancery recently made it clear that Delaware law allows a buyer in an acquisition to “sandbag” a seller if the acquisition agreement allows for… more

Acquisition Agreements, Asset Purchase Agreements, Breach of Contract, Buyers, Contract Negotiations

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Jonathan Hyman

Midstream Dedications – Colorado Bankruptcy Court Levels the Playing Field

Until Monarch Midstream v. Badlands Energy, midstream companies facing rejection of their contracts in a producer’s bankruptcy were left with Abraham Lincoln’s least favorite negotiating option: If the both law and the facts are… more

Asset Protection, Chapter 11, Commercial Bankruptcy, Contract Terms, Covenants that Run With the Land

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Russell Jumper

The Storm After the Storm

Just as the Texas coast assessed the magnitude of Hurricane Harvey’s damage, Hurricane Irma was taking shape in the Atlantic. Fewer than two weeks later, Irma would crash into the Florida Keys. Estimates put Harvey and Irma’s… more

Construction Contracts, Construction Industry, Contract Terms, Hurricane Harvey, Hurricane Irma

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Preston Kamin

Coronavirus and the Energy Industry: Drilling into Force Majeure Clauses

Many oil and gas contracts – leases and JOAs for example – have force majeure clauses. The purpose is to allow contracting parties to suspend or terminate performance when certain circumstances arise that are beyond their… more

Breach of Contract, Business Interruption, China, ConocoPhillips, Contract Drafting

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Kristen Kelly

Texas Supreme Court Opinion Has Companies Double Checking Contractual Insurance Obligations

On February 15, 2019, the Texas Supreme Court issued its opinion in Exxon Mobil Corporation v. The Insurance Company of the State of Pennsylvania (ICSOP) reversing the First Court of Appeals and finding that ICSOP had waived… more

Appeals, Contract Terms, Endorsements, Energy Sector, Exxon Mobil

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Patrick Kelly

What the Construction Industry Should Know After the 89th Texas Legislative Session

The Texas 89th Legislative Session was marked by significant legislative activity, with lawmakers considering a substantial volume of proposed legislation across both chambers. According to our tally, 9,014 bills and resolutions… more

Construction Contracts, Construction Industry, Contractors, Filing Deadlines, New Legislation

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Michael Kelsheimer

Is Your Construction Business Prepared and Protected for ICE Undocumented Worker Audits?

Understand and navigate the government’s amplified focus on undocumented workers to protect your business from escalating fines, jail time, delay damages and back-charges Originally Published on ForConstructionPros.com… more

Business Interruption, Construction Industry, Construction Workers, Deportation, Employer Liability Issues

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Dan Kroll

Carried Interest Taxation: Update on Final Regulations and Potential Legislative Changes

In January 2021, the U.S. Department of Treasury and the Internal Revenue Service released final regulations (the Final Regulations) under Section 1061 of the Internal Revenue Code of 1986, as amended (the Code). Code Section… more

Biden Administration, Capital Gains Tax, Carried Interest Tax Rates, Income Taxes, Internal Revenue Code (IRC)

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Trevor Lawhorn

City of Dallas Owes $33+ Million for Drilling Permit Denials

If you have ever wondered how many ways a cocktail of stupidity*, treachery and feckless government can inflict financial harm on the undeserving, including the citizens the feckless government leaders are supposed to serve, see… more

Contract Terms, Critical Infrastructure Sectors, Inverse Condemnation, Mineral Exploration, Mineral Extraction

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Jeff Leach

The 86H Texas Legislative Session: A Grandslam For The Texas Construction Industry

After meeting for 140 days at the Capitol, Texas Legislators adjourned the 86th Legislative Session on May 27th, 2019. For the construction industry as a whole, many are saying that the 86th Legislative Session was one of the… more

Construction Contracts, Construction Defects, Construction Litigation, Contingency Fees, Damages

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Allie Lefkowitz

Pump the Brakes: Corporate Transparency Act Compliance No Longer Required (at Least for Now)

The United States District Court for the Eastern District of Texas, in Texas Top Cop Shop, Inc., et al. v. Garland, et al., issued an injunction temporarily stopping enforcement of the Corporate Transparency Act (CTA)… more

Beneficial Owner, Business Entities, Business Ownership, Compliance, Corporate Transparency Act

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Adam Leggett

Texas Capitol Report: An Update On Special Session

On Sunday, August 3, most of the 62 Democratic members of the 150-member Texas House of Representatives left the state, blocking a scheduled Monday vote on proposed congressional redistricting maps. Their absence left the… more

Constitutional Challenges, Executive Authority, Gerrymandering, Quorum, Separation of Powers

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David Leonard

Lease Perpetuated Beyond Primary Term Without Production in Paying Quantities

If perpetuation of a mineral lease beyond the primary term is contingent upon continuous operations, do traditional notions of “production in paying quantities” always matter? Spoiler: No… more

Appeals, Contract Terms, Mineral Extraction, Mineral Leases, Mineral Rights

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Tanner McClellan

Pump the Brakes: Corporate Transparency Act Compliance No Longer Required (at Least for Now)

The United States District Court for the Eastern District of Texas, in Texas Top Cop Shop, Inc., et al. v. Garland, et al., issued an injunction temporarily stopping enforcement of the Corporate Transparency Act (CTA)… more

Beneficial Owner, Business Entities, Business Ownership, Compliance, Corporate Transparency Act

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Jackson Moore

Weathering the Storm – Part 3: Force Majeure in Construction Contracts

Unexpected devastating weather events such as hurricanes, tornados, earthquakes, fires and other natural disasters can strike at any time, leaving construction projects in disarray. While Mother Nature is often unpredictable, we… more

Construction Contracts, Construction Disputes, Construction Industry, Contract Terms, Force Majeure Clause

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Robbie Morris

Texas Supreme Court Opinion has Buyers Checking the Language in their Deeds

In a closely watched case, the Texas Supreme Court (the "Court") held that the special warranty language used in a special warranty deed “qualifies” an implied covenant that the person conveying the land owns what he/she is… more

Contract Terms, Covenants that Run With the Land, Deeds, Implied Covenants, Real Estate Market

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Travis Nadalini

Long-Running Texas Boundary Dispute Continues

Ellison v. Three Rivers Acquisition LLC et al., on remand from the Texas Supreme Court, is the third round of a boundary dispute between mineral lessees in Irion County. For the history of Ms. Ellison’s odyssey from court… more

Adjacent Property Owners, Article III, Breach of Contract, Business Disputes, Commercial Litigation

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Brock Niezgoda

Pump the Brakes: Corporate Transparency Act Compliance No Longer Required (at Least for Now)

The United States District Court for the Eastern District of Texas, in Texas Top Cop Shop, Inc., et al. v. Garland, et al., issued an injunction temporarily stopping enforcement of the Corporate Transparency Act (CTA)… more

Beneficial Owner, Business Entities, Business Ownership, Compliance, Corporate Transparency Act

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Ralph Perry-Miller

Dallas Court Of Appeals Clarifies Where To Bring Injunction Suits

The Dallas Court of Appeals recently held that employers can choose where to sue former employees who have breached their covenants not to compete. In re Ross, No. 05-18-01052-CV, 2018 WL 6695596 (Tex. App.—Dallas Dec. 20, 2018,… more

Appeals, Employment Litigation, Injunctions, Non-Compete Agreements, Restrictive Covenants

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David Peterman

Pump the Brakes: Corporate Transparency Act Compliance No Longer Required (at Least for Now)

The United States District Court for the Eastern District of Texas, in Texas Top Cop Shop, Inc., et al. v. Garland, et al., issued an injunction temporarily stopping enforcement of the Corporate Transparency Act (CTA)… more

Beneficial Owner, Business Entities, Business Ownership, Compliance, Corporate Transparency Act

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Lindsey Postula

Commercial Lease Assignments: A Tale Of Two Leases And Landlord’s Right To Recapture

An Overview of Assignment Rights - Commercial leases typically contain standard protections for landlords that may be potential pitfalls for tenants seeking to assign or transfer interests in a lease. A lease recapture… more

Commercial Leases, Commercial Tenants, Contract Negotiations, Contract Terms, Landlords

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Graham Quinn

Recycled Steel and Aluminum Not Included in President Trump’s Steel and Aluminum Tariffs

President Trump’s recent executive order imposing tariffs on US imports of steel and aluminum led to many questions of the full scope of materials subject to the 25% import tariff. A recent analysis by the Recycled Materials… more

Aluminum Sales, Canada, Construction Industry, Executive Orders, Imports

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Carolina Redondo

Understanding IRS Private Letter Ruling 202504006: Crucial Takeaways for Tax Planning

The Internal Revenue Service (IRS) recently issued Private Letter Ruling (PLR) 202504006, addressing several important estate and gift tax questions related to the division of a marital trust and the subsequent disclaimer of a… more

Estate Planning, Estate Tax, Gift Tax, Internal Revenue Code (IRC), IRS

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James Reed Jr.

Market Value at the Well Trumps Free-Use Clause

The common thread throughout the myriad oil and gas royalty cases decided recently by Texas courts could be “harmony”, the reading of different, seemingly conflicting, contract provisions so as to give meaning to all… more

Contract Terms, Fair Market Value, Gas Royalties, Mineral Leases, Oil & Gas

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Tom Rhodus

Politically-Motivated Criminal Cases Based on Perjured Testimony Really DO Happen! Even if You Work for the IRS

Today’s news media is full of stories about supposed malicious allegations, unfounded criminal investigations and indictments based on perjury. Regardless of our political leanings, all of us should hope that such things… more

Civil Conspiracy, Criminal Investigations, Criminal Prosecution, Discretionary Functions, False Evidence

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Gregory Sampson

Trust Protector or Trust Defector? Five Hazards to Avoid in Appointing a Trust Protector

Unanticipated changes in the law or circumstances may derail a careful plan to preserve a client’s intent to transfer wealth through trusts. A “trust protector” originated from a need to protect offshore trusts from… more

Beneficiaries, Estate Planning, Fiduciary, Transfer of Assets, Trust Protector Actions

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Reynolds Sands

Using Evidence to Fill Gaps in Pleadings Silent on Important Coverage Facts

A decision out of the United States District Court for the Southern District of Texas showcases the practical challenge in the relationship between workers’ compensation and the pleading standards required to trigger insurance… more

Additional Insured Endorsements, Construction Contracts, Employer Liability Issues, Evidence, Insurance Claims

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Charles Sartain

Oral Promises, Paper Truths in a Texas Mineral Transaction

The Texas Supreme Court in Roxo Energy Company, LLC v. Baxsto, LLC reinforced a fundamental contract principle: when fully integrated agreements plainly conflict with prior oral representations, reliance on those inconsistent… more

Business Litigation, Commercial Litigation, Contract Disputes, Contract Interpretation, Fraud

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Joshua Smeltzer

Balancing Privacy and Tax Enforcement in the Digital Age

The Internal Revenue Service was aware of significant underreporting of cryptocurrency on tax returns and used one of its investigative tools (i.e., a John Doe summons) in 2016 to seek financial information on thousands of… more

Constitutional Challenges, Cryptocurrency, Data Privacy, Department of Justice (DOJ), Fourth Amendment

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Stephanie Snyder-Zuasnabar

Using Evidence to Fill Gaps in Pleadings Silent on Important Coverage Facts

A decision out of the United States District Court for the Southern District of Texas showcases the practical challenge in the relationship between workers’ compensation and the pleading standards required to trigger insurance… more

Additional Insured Endorsements, Construction Contracts, Employer Liability Issues, Evidence, Insurance Claims

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Skyler Stuckey

Texas Supreme Court Deems Continuous Development Clause Ambiguous

In Endeavor Energy Resources, L.P. v. Energen Resources Corp. et al. the Supreme Court of Texas construed a continuous development clause in an oil and gas lease covering 11,300 acres in Howard County. After the primary term,… more

Ambiguous, Contract Drafting, Contract Interpretation, Contract Terms, Critical Infrastructure Sectors

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Joe Virene

Texas Legislature Expands Suspension Rights Under the Prompt Pay Acts

The private and public prompt pay acts both provide contractors and subcontractors with the right to stop work if an owner or upstream contractor fails to pay an undisputed amount. With H.B. 3485, the Texas legislature has now… more

Construction Contracts, Construction Disputes, Construction Project, Contract Terms, Contractors

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J.P. Vogel

Appeals Court Keeps Trump’s Tariffs in Place—What’s Next for U.S. Trade Policy?

The ongoing legal battle over President Trump’s tariffs has taken another not completely unexpected turn, as a federal appeals court has decided to keep the tariffs in effect—at least for now. This decision comes amid a debate… more

Appeals, Constitutional Challenges, Department of Justice (DOJ), International Emergency Economic Powers Act (IEEPA), International Trade

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Jeremy Walter

Suit Over a Sand Pit Spawns Citizens Participation Act Claim

Ark Sand Co., Inc. v. Bradley Demolition & Constr., LLC, et al has the appearance of a Hatfield and McCoy-grade grudge match. As often happens when litigation gets personal, the Texas Citizens Participation Act was invoked. The… more

Business Disputes, Business Litigation, Leases, Oil & Gas, Right to Petition the Government

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Savannah Warner

Key 2021 Amendments to Delaware Business Entity Statutes

This article summarizes key amendments to the Delaware General Corporation Law (“DGCL”), Delaware Limited Liability Company Act (“DLLCA”), Delaware Revised Uniform Partnership Act (“DRUPA”) and Delaware Revised Uniform Limited… more

Alternative Entity Laws, Contract Terms, Corporate Governance, Delaware General Corporation Law, Delaware Limited Liability Company Act

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Brian Waters

Basic Indemnity and Insurance Considerations in the Construction Context

Construction companies spend countless hours drafting agreements requiring indemnification and insurance for their projects. These obligations are prevalent for all tiers of construction industry members— from subcontractors and… more

Commercial Insurance Policies, Construction Contracts, Indemnity, Indemnity Insurance, Insurance Claims

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Lydia Webb

Delaware Bankruptcy Court Treats Royalty Owner Claims as Unsecured

If you are a royalty owner and have questions about how your claim is likely to be treated when your lessee/operator goes into bankruptcy in Delaware, In re MTE Holdings LLC is a significant case… more

Bankruptcy Court, Commercial Bankruptcy, Mineral Leases, Oil & Gas, Proof of Claims

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Gunner West

Oral Promises, Paper Truths in a Texas Mineral Transaction

The Texas Supreme Court in Roxo Energy Company, LLC v. Baxsto, LLC reinforced a fundamental contract principle: when fully integrated agreements plainly conflict with prior oral representations, reliance on those inconsistent… more

Business Litigation, Commercial Litigation, Contract Disputes, Contract Interpretation, Fraud

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Drew York

Defining a Win in Litigation: Mitigating Losses

In this series on defining wins in litigation, we’ve talked about defining the goals and strategies at the outset, clear and open communication, and the benefits of resolving a dispute both financially and reputationally. The… more

Damages, Litigation Strategies, Loss Mitigation, Mitigation, Punitive Damages

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Gray Reed

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