News
Sliding Into the DMs: How Texas Courts Handle Service by Social Media
“You’ve been served” does not always come with a knock at the door. Increasingly, it might show up as a ping on your phone. But service through TikTok or an Instagram DM (aka, “Direct Message”) must be earned and meticulously executed; it requires showing the court that social media is a reliable way to reach…
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Exuberantly welcomed by some, and seen by others as experimental, controversial, or necessitating a wait-and-see approach, Texas’ Business Court system has nearly completed its first year. Though still in its formative stage, Texas wastes no time doubling down on Business Court growth and permanence in a continued effort to become the preferred destination for businesses….
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Creators of ChatGPT Under Siege by Litigants
Some people call me a tech junkie, and I’ll admit, the moniker fits. Has for decades. Professionally, I’m continually on the lookout for a legitimate application or service that will make my law practice more efficient and effective. When I learned about ChatGPT and related services such as DALL·E last year, I couldn’t wait to…
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Texas Supreme Court Reaffirms the Principle That Ownership of an Entity Does Not Automatically Equate to Liability for that Entity’s Acts or Omissions
In a recent Texas Supreme Court (the “Court”) opinion in the case styled In re First Reserve Mgmt., L.P., the court reaffirmed and clarified the pleading and substantive standards for holding an investor in an entity liability for the entity’s acts or omissions. No. 22-0227, 2023 Tex. LEXIS 675, at *1 (Tex. June 23, 2023)….
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Incorporation By Reference
“Incorporation by reference,” a common practice in the drafting of contracts, can cause issues if used improperly, ranging from ambiguities to a fundamentally unenforceable agreement. The Northern District of Texas recently addressed the incorporation by reference doctrine in Balboa Capital Corporation v. Okoji Home Visits MHT LLC, a consolidated case involving claims that arose out…
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