Month: March 2020

MH Wins Summary Judgment in Complex and Contentious Trade Secrets Case

McDowell Hetherington lawyers Will Thomas, David McDowell, and co-counsel John McHugh recently obtained summary judgment on remaining claims in a complex trade secret case involving new, devulcanization technologies that recycle rubber materials. Plaintiffs asserted that MH’s clients misappropriated their technology while previously providing services as independent contractors, violated non-compete agreements, and sought over $250,000,000 in […]

Texas COVID-19 Insurance Update: Certain Deadlines Extended

Houston, TX – On March 20, Governor Abbott suspended certain claim-handling deadlines under the Texas Insurance Code. Yesterday, the Commissioner of Insurance determined that the COVID-19 pandemic is a disaster under Texas Insurance Code Section 542.059(b). The Commissioner’s Bulletin can be found at: Taken together, the Governor’s suspension and the Commissioner’s declaration extend claim-handling […]

Many California Courts Reducing Operations in Response to COVID-19 Spread

Oakland, CA – On March 12, 2020, Governor Gavin Newsom issued an Executive Order in further response to the spread of the Novel Coronavirus 2019 (COVID-2019). Among other things, this Order mandates compliance with state and local public health officials to control the spread of COVID-19. As local health officials work to contain the spreading […]

COVID-19, Economic Turmoil, and Financial Services Litigation

Houston, TX – At the nadir of the Great Recession, a small group of attorneys dedicated to the principle of client-first service decided to leave the relative comforts of Big Law and present our clients with a simple proposition: we would provide the same high-quality representation and financial service industry expertise but without the Big […]

Force Majeure Provisions in Texas: A Creature of Contract

1. Introduction Houston, TX – The threat of COVID-19 has quickly changed—and in some cases halted—America’s day-to-day routines. Businesses and consumers wonder how the economic slowdown may impact their obligation to continue making payments or perform on the contracts they already entered. Two common avenues allow a party to avoid its contractual obligations. The article […]

Legal Update: States Restrict Telemarketing in Wake of COVID-19 Pandemic

Houston, TX – New York’s emergency COVID-19 declaration triggered a recently enacted New York law prohibiting unsolicited telemarketing calls during an emergency. See N.Y. Gen. Bus. Law §§ 399-pp(7)(f), 399-z(5-a) (2019). Louisiana’s emergency order triggered a similar ban. See La. Stat. Ann. § 844.31 (2018). Critically, any calls in those jurisdictions must be placed with […]

Business Interruption Insurance in the COVID-19 Era: Specific Policy Language Will Matter

Oakland, CA – In our continuing examination of legal issues surrounding COVID-19, we offer this analysis of business interruption insurance, which will undoubtedly be at the forefront of COVID-19-related litigation. Businesses are reviewing their insurance contracts for coverage to limit their financial exposure to the impacts of COVID-19. While policyholders may have several coverages triggered […]