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Texas Anti-SLAPP Law: The Expanding Scope of the Texas Citizen’s Participation Act – Part 3

Go to Part 2 – In Practice
Go to Part 1 – The basics of the Texas Anti-SLAPP law
In part three we are going to deep dive into a specific case that has garnered a lot of attention-Schlumberger v. Rutherford which is currently on appeal to the Houston Court of Appeals (case number 01-14-00776-CV).
Schlumberger sued Rutherford, its former … Continue Reading

Texas Anti-SLAPP Law: The Expanding Scope of the Texas Citizen’s Participation Act – Part 1

Part 1 – The Basics of the TCPA and how it works
The Texas Anti-SLAPP law is known as the Texas Citizens Participation Act (the “TCPA” found at Tex. Civ. Prac. & Rem. Code at § 27.001, et seq.).
“If a legal action is based on, relates to, or is in response to a party’s exercise of … Continue Reading

The Cards Hack the Astros – So What Law Applies? [audio]

In a developing story, The New York Times is reporting that the FBI is investigating the St. Louis Cardinals for hacking into the Houston Astros’ computer networks to steal the Astros’ internal baseball operation intelligence which is apparently working.
Quick aside:  click here to see highlights of last night’s win and the emergence of some of … Continue Reading

To Fire or Not to Fire for Employee’s Social Media Posts

After watching the firing of the digital communications manager for the Houston Rockets during their run through the playoffs (read the story here in the Houston Chronicle).  I figured it would be a good time to revisit the issue of firing people for their conduct on social media as previously discussed here in 2012.
Firing the Person … Continue Reading

Getting Pictures Off the Internet – Not Easy To Do

I love college basketball.  Given that my Missouri Tigers haven’t given me much to talk about, I thought we could discuss the efforts by this upset Duke fan to have her image removed from the Internet captured during the Miami – Duke game that snapped Duke’s incredible 41-home-game winning streak.  You can read about it … Continue Reading

5 Most Popular eMediaLaw Posts of 2014

5.  Using Images Without Permission is No Monkey Business
From the Wikimedia Commons website
This was one of the more interesting stories of the year – does the photographer who set up everything to allow for a monkey to take a selfie own the copyright to that selfie?  This year we learned that no, the photographer does … Continue Reading

What exactly does Texas Intrastate Crowdfunding Look Like?

As you probably read, the Texas Securities Board approved intrastate crowdfunding yesterday without limiting it to accredited investors.  You can read the rules here.
For those wanting to issue equity through intrastate crowdfunding:

Companies may raise up to $1 million per 12-month period
Offerings must be carried out online through a registered dealer or crowdfunding portal.
The company must be … Continue Reading

Former FTC Regional Director and Court of Appeals Justice Answers What To Do When the FTC Investigates

We like to give you information that helps you stay off the radar of the Federal Trade Commission with posts like this, this, this, this, this and this.  But, what do you do if the FTC does investigate?  I asked newly-minted Gray Reed & McGraw shareholder Justice Jim Moseley to help us answer some questions.  … Continue Reading

Unmasking the anonymous online critic – first, there is the matter of jurisdiction

On Friday, the Supreme Court of Texas issued a 5-4 decision holding a plaintiff needs to establish jurisdiction over an anonymous blogger before a court will allow pre-suit discovery that would likely unmask the blogger’s identity.  Both the majority and dissenting opinions in In re John Doe a/k/a The Trooper are available here.  It will certainly … Continue Reading

The Supreme Court of Texas Rules Injunctions for Defamation Not Proper and Requires Proof of Damages

On Friday, the Supreme Court of Texas issued two important defamation rulings.  The first, Kinney v. Barnes, held that injunctions to prohibit defamatory speech do not pass constitutional muster.  The second, Burbage v. Burbage Funeral Home, raises the bar on the recovery of compensatory damages.
Injunctions preventing speech are an unconstitutional prior restraint
In Kinney, the plaintiff sought a … Continue Reading