J. F. Chester

Texas lawyers: vLex Fastcase is a new, improved version of the existing Fastcase legal research platform, with enhancements that revolutionize access to legal documents. Join a webinar to learn more about this free member benefit: 🗓️Date: December 9 🕐Time: noon to 1 p.m. CST 🔗Register here: https://lnkd.in/g4yMSiEm Enhance your legal research capabilities with vLex Fastcase. #Lawyers #LegalResearch #LegalTech #vLexFastcase vLex

1

🚨 Major Legal Update! 🚨 Federal Court in Texas Blocks FTC's Non-Compete Rule 🚫 In a pivotal decision for businesses across the United States, the U.S. District Court for the Northern District of Texas has set aside the Federal Trade Commission's (FTC) non-compete rule, which was poised to take effect on September 4, 2024. This ruling, stemming from the Ryan, LLC v. Federal Trade Commission case, halts the enforcement of the rule nationwide, providing significant relief to employers who rely on non-compete agreements to safeguard their trade secrets and legitimate business interests. 🔍 ⚖️ Key Insights from the Court's Decision: Authority Overreach: The court found that the FTC overstepped its authority, lacking the power to enforce such a sweeping rule under the FTC Act. Rule Criticism: The rule was labeled as arbitrary and capricious, with the court highlighting its overly broad nature and insufficient justification. Nationwide Impact: This decision applies across the U.S., meaning the rule won't be enforced anywhere! ✍ What This Means for You: For Employers: This ruling offers a breather, allowing time to strategize and protect your business interests. For Employees: While the rule is paused, stay informed about your rights and any shifts in non-compete agreements. 👉 The FTC is expected to appeal the decision to the U.S. Court of Appeals for the Fifth Circuit and possibly the U.S. Supreme Court. Additionally, the FTC may request a stay on the court's order pending appeals. The outcome of these legal proceedings will be crucial in determining the future of non-compete agreements in the U.S. Keep an eye out for more updates as this legal situation develops. It's crucial to get ready for any upcoming changes! 💥 #EDGELegal #EDGELegalConnect #BreakingNews #FTC #NonCompeteRule #PuertoRico #TexasFederalCourt

6

In the Legal Tech column of the July/August issue of the Texas Bar Journal, Pierre Grosdidier explains the Texas Data Privacy and Security Act after Texas becomes the latest state to protect consumer data privacy. Read it here: https://lnkd.in/gfk755qx #LegalReads #DataPrivacy

5

1 Comment

Legal Update: Texas Court Overrules FTC's Ban on Noncompete Agreements A recent Texas court decision has sent ripples through the business and legal communities by overruling the Federal Trade Commission's (FTC) proposed ban on noncompete agreements. This ruling is a significant development for employers and employees alike, particularly those involved in industries where protecting proprietary information and retaining top talent is crucial. At Miller Edwards Rambicure, we are closely monitoring the implications of this ruling and are ready to assist our clients in navigating the complexities of noncompete agreements under the evolving legal landscape. Whether you're an employer seeking to protect your business interests or an employee concerned about the scope of your noncompete, our experienced team is here to provide you with tailored legal guidance. If you have questions about how this ruling might affect your existing agreements or future contracts, don't hesitate to reach out to our team today.

3

Filing Trends in the Texas Business Courts - - https://lnkd.in/g4mFjkjQ Good article on filing trends in the business courts by Ryan Sullivan today on law.com. Ryan notes that as of the beginning of the month the BC has 37 active cases, evenly split between original filings and cases removed. The subject matter is also evenly split between governance and the commercial category. What isn't an even split is the location of the filings, with half the filings in Houston, and the rest scattered through the other four districts currently in operation. But there's a reason for this, Ryan explains - Houston has as many Fortune 500 companies and the rest of the districts combined. The article concludes with a brief summary of Judge Whitehill's opinion in Energy Transfer, noting the effect it will have on this early docket if the other judges adopt the same position. To recap, Judge Whitehill had held that the court's jurisdiction was limited to cases filed after September 1, 2024. As I noted above, these statistics show that half - 18 of the 37 filed in its first two months of operation were removed cases. Well, 13 of those 18 were filed before September 1, so under his holding, they would be remanded for lack of jurisdiction. #TexasBusinessCourtsBlog

4

The basic regulatory outline of doing business in Texas: 📎 Formation: Properly form your entity to gain the associated liability protections and access to the courts. 📎 Licenses & Permits: No general business license is required at the state level, but many state agencies require licenses or permits depending on the product or service. Sometimes, you may need a permit or license from multiple agencies. 📎 Labor. Employment is regulated in many ways and by many jurisdictions. Wage and labor, equal employment, workers’ compensation, payroll, and safety. 📎 Insurance. You’re probably going to carry multiple types of insurance. Each one is regulated in its own way. 📎 Taxes. Franchise, sales, and property are the big three you’ll pay to the state. 📎 Privacy. The new Texas Data Privacy and Security Act took effect on July 1, 2024. This law does not create a private right of action. Rather, the Attorney General has responsibility for enforcement and may seek fines, costs, and attorney’s fees against companies that are out of compliance. Check yourself!

4

Additional stats on the Supreme Court of Texas' activities in 2023 -- https://lnkd.in/guPSwDXU Every Spring, Appellate attorney Michael Northrup compiles a summary of #SCOTX stats and trends from the prior year. Here is the latest in that series. #AppellateLaw #TexasSupremeCourt

3

“Law firms hold a treasure trove of financial information, intellectual property, and other confidential and personal data of their clients. Coupled with the fact that they commonly lack dedicated cybersecurity resources, it is easy to see why law firms are a prime target for hackers.” In the Legal Tech column of the June issue of the Texas Bar Journal, Candace McCaddon shares tips for law firms on how to prepare for and respond to cybersecurity incidents. Read it here: https://lnkd.in/gmYNTkuP #LegalReads #Cybersecurity

4

JUST ANNOUNCED: IP Dealmakers 2024 Keynote Speaker 🔥 Texas Attorney General Ken Paxton will take the stage at the 11th Annual IP Dealmakers Forum – and you won’t want to miss it! 🔥 In a historic case, Paxton secured a record-breaking $1.4 BILLION settlement with Meta over an unauthorized capture of personal biometric data – the largest ever obtained by a single state and the biggest privacy settlement led by an Attorney General. In an exclusive interview with Jennifer Truelove, McKool Smith's lead counsel for this case, Paxton will break down: ⚖️ The inside story of State of Texas v. Meta Platforms, Inc.  🔍 The tactics that led to the $1.4B win  🌐 What this case means for the future of data privacy and IP law Don’t miss this RARE opportunity to hear directly from the key players involved in one of the most prolific legal battles of the digital age. Join us November 6-8 at the Ritz-Carlton Key Biscayne, Miami – secure your spot before it’s too late! This is your chance to be in the room where the discussions on the year’s biggest deals will happen. Register now ➡️ https://lnkd.in/eKnhX4ra ⏳Seats are selling fast! ⏳ Stay tuned for our second BIG update for this year’s event… #IPDealmakers #DataPrivacy #BigTech #IPLaw #KenPaxton #Meta

9

Attracted by Texas’s business-friendly reputation during the pandemic, many companies relocated to Texas, expecting to operate with the 'Don’t mess with Texas' mantra. What they may not have counted on is Texas’s new-found focus on privacy, cyber, and data protection laws. The Texas Attorney General has set up a strike team focused on enforcement of these laws, and they’re not slowing down. If you operate in Texas or provide services to Texas-based customers, your business should be aware of the strict requirements of the laws that the AG’s privacy team has been created to enforce – the Texas Data Privacy and Security Act, Identify Theft Enforcement and Protection Act, Data Broker Law, Capture or Use of Biometric Identifier Act, and Deceptive Trade Practices Act. Are you a business operating or serving customers in Texas and prepared for Texas privacy regulations? Not sure? Let’s talk. #PrivacyLaw #DataPrivacy #Cybersecurity #TexasLaw

19

The future of non-competes is definitely in flux, which means additional uncertainty for parties currently litigating over their enforcement. Not a surprise, then, that there is a sharp rise in requests to mediate these ongoing cases. Judges and juries can be unpredictable enough as it is without the foundation of your case suddenly turning to quicksand. Lose the risk and take back control by scheduling mediation for your non-compete case today. https://lnkd.in/eJwZBmQg

2

Wasif Qureshi highlights a shift in patent case filings from the Western to Eastern Districts of Texas in Bloomberg Law. Following a 2022 order distributing WDTX-Waco patent case assignments, there has been a relative increase in patent filings in EDTX, where the vast majority of patent cases are assigned to Chief Judge Rodney Gilstrap. Get more insights: https://lnkd.in/gE3-K8yM #patentlaw #legalnews #Texas #BloombergLaw

7

Texas - Is Making Bond Vital for Good Legal Defense? Vital Importance of Making Bonds: It must be emphasized that making bond is not just important, it is absolutely vital. Being in jail while awaiting trial can severely impact a person's ability to prepare for their case. It can lead to wrongful convictions or harsher punishments than deserved. Making bonds allows individuals to be released and have a "fairer" chance at defending themselves. Impact on Guilt Findings and Sentences: Statistics show that when individuals are out on bond, the findings of guilt are lower, and sentences are also reduced. This highlights the significant impact that being out of jail can have on the outcome of a case. It can mean the difference between probation and a lengthy jail sentence. Feel free to go to the BailBondBidsNow marketplace which allows individuals to input their loved one's information once and receive competitive bids from different bail bond companies. This tool aims to help families save money, explore different payment options, and ultimately get their loved ones out of jail. #BailBondBidsNow

1

Texas - Is Making Bond Vital for Good Legal Defense? Vital Importance of Making Bonds: It must be emphasized that making bond is not just important, it is absolutely vital. Being in jail while awaiting trial can severely impact a person's ability to prepare for their case. It can lead to wrongful convictions or harsher punishments than deserved. Making bonds allows individuals to be released and have a "fairer" chance at defending themselves. Impact on Guilt Findings and Sentences: Statistics show that when individuals are out on bond, the findings of guilt are lower, and sentences are also reduced. This highlights the significant impact that being out of jail can have on the outcome of a case. It can mean the difference between probation and a lengthy jail sentence. Feel free to go to the BailBondBidsNow marketplace which allows individuals to input their loved one's information once and receive competitive bids from different bail bond companies. This tool aims to help families save money, explore different payment options, and ultimately get their loved ones out of jail. #BailBondBidsNow

1

ICYMI: Bret Davis is a SUPER LAWYER! Not only that, but Bret has notched his seventh nod on the Super Lawyers, part of Thomson Reuters list. Read our latest blog post below to learn more, and CONGRATULATIONS, Bret!

5

In this video, we explain the concept of a counter-petition in Texas family law cases. If you're involved in a divorce, child custody, or other family law matter, you might encounter a counter-petition filed by the other party. But what does it mean, and how can it affect your case? We’ll walk you through the basics of a counter-petition, its purpose, and why it’s a critical part of the legal process in Texas family law. Understanding this can help you better navigate your case and protect your interests. https://lnkd.in/ge9yvBFd

1