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HTMLTexas Supreme Court Applies Economic Loss Rule to Limit Tort Claims by Contractors Against Owner's Design Professionals
Scott W. Cowan, Christopher H. Domingo, Daniel D. McMillan, Andrew D. Ness, J. Laurens Wilkes; Jones Day;
Legal Alert/Article
August 21, 2014, previously published on August 2014
In a June 20 decision, the Texas Supreme Court applied the economic loss rule to preclude a direct claim for negligent misrepresentation by a construction contractor against an owner's architect based on flawed design documents. LAN/STV v. Martin K. Eby Constr. Co., No. 11-0810, 2014 Tex. LEXIS...


HTMLThe New Texas Two-Step: Texas Supreme Court Articulates Evidence Spoliation Framework
Shawn Cleveland, N. Scott Fletcher, Joshua L. Fuchs, Matthew D. Orwig, Deborah Savarese Sloan; Jones Day;
Legal Alert/Article
August 21, 2014, previously published on August 2014
Spoliation of evidence has, for some time, remained an important topic relating to the discovery of electronically stored information. Many companies continue to struggle with the burden and expense of various retention requirements in the era of "big data." However, a recent Texas...


HTMLConditional Pricing Practices in the U.S. Spotlight
Kathryn M. Fenton, J. Bruce McDonald, David P. Wales; Jones Day;
Legal Alert/Article
July 11, 2014, previously published on July 2014
On June 23, 2014, the Federal Trade Commission (“FTC”) and the Antitrust Division of the U.S. Department of Justice (“DOJ”) hosted a one day workshop to explore the economic and legal implications of conditional pricing practices such as loyalty discounts, market share...


Adobe PDFSupreme Court Decision in Halliburton II Affords Welcome Tool to Defendants
Michael L. Davitt, N. Scott Fletcher, William S. Freeman, Robert W. Gaffey, Peter J. Romatowski; Jones Day;
Legal Alert/Article
July 1, 2014, previously published on June 2014
On June 23, the United States Supreme Court issued its highly anticipated decision in Halliburton Co. v. Erica P. John Fund, Inc., No. 13-317 ("Halliburton II"), ruling that defendants may defeat class certification in securities fraud cases if they show that alleged misrepresentations...


HTMLThe Fracking Case That Wasn't: Recent Texas Jury Verdict Catching the Headlines
Robert A. Dahnke, Joshua L. Fuchs, William R. Taylor; Jones Day;
Legal Alert/Article
May 16, 2014, previously published on May 2014
On April 22, in an alleged "fracking case," a Dallas jury awarded almost $3 million to a Texas family, finding that an energy company's drilling activity in the Barnett shale constituted a private nuisance. Parr v. Aruba Petroleum, Inc., No. 11-01650, (County Ct. at Law No. 5, Dallas...


HTMLGoDaddy.com, LLC v. Toups—A Texas Appellate Court Draws on Iqbal/Twombly to Apply the New Texas Rule on Motions to Dismiss
Thomas F. Allen, N. Scott Fletcher, Jeffrey L. Mills, Elizabeth G. Myers; Jones Day;
Legal Alert/Article
May 16, 2014, previously published on May 2014
Historically, disposing of groundless claims at the pleading stage in Texas trial courts has been difficult. Absent clear grounds for dismissal based on jurisdiction, limitations, or other legal doctrines, defendants generally filed an answer, engaged in discovery, and moved for summary judgment as...


HTMLOil and Gas Partnership by Ambush: The Challenges of Disclaiming A Partnership or Joint Venture in Texas
Joshua L. Fuchs, William R. Taylor; Jones Day;
Legal Alert/Article
April 3, 2014, previously published on March 2014
Do two companies form a joint venture if the companies preliminarily discuss forming one, but never enter into a formal joint venture agreement and execute contracts expressly disclaiming any formation of a joint venture or any binding obligation to do so? A Texas jury recently answered this...


HTMLNGP v. ATP: Should Overriding Royalty Interest Owners Be Concerned?
Paul M. Green, Thomas A. Howley, Jeffrey A. Schlegel, William P.M. Schwind; Jones Day;
Legal Alert/Article
March 25, 2014, previously published on March 2014
A recent bankruptcy court decision denying a royalty owner's motion for summary judgment is highly relevant to any investor that currently owns a term royalty interest or is considering such an investment. The United States Bankruptcy Court for the Southern District of Texas found in NGP Capital...


Adobe PDFProposed Changes to the Federal Rules of Civil Procedure
Joshua L. Fuchs, Christopher J. Lovrien, John M. Majoras, Carmen G. McLean, David S. Rutkowski; Jones Day;
White Paper
March 10, 2014, previously published on March 2014
On August 15, 2013, the Judicial Conference's Advisory Committee on Civil Rules ("Advisory Committee") proposed amendments to the Federal Rules of Civil Procedure ("FRCP"). The amendments included changes to several of the Rules, with the most significant changes to Rules 26 and...


HTMLDiesel Fracking Guidance Issued
Mary Beth Deemer, Jennifer M. Hayes, Nancy MacKimm, Charles T. Wehland; Jones Day;
Legal Alert/Article
February 24, 2014, previously published on February 2014
The Environmental Protection Agency ("EPA") issued final guidance on when the use of diesel fuel in fluids for hydraulic fracturing, or fracking, is sufficient to trigger a requirement to obtain a permit for the well under the Safe Drinking Water Act. The guidance provides EPA's...