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    • Substantive Article

ChatGPT: Can You Help Me With This Article?

By Cherie Harris On July 18, 2023 · Add Comment · In Substantive Articles
by H.H. Originally, my plan for this article was to have it written primarily by artificial intelligence (“AI”), about AI, and reveal to you – the reader – only at the very end that it was in large part written by AI. I thought to myself, “how clever,” I get to learn about and experiment [...]
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NLRB Flips Standards on Disciplining Employees Over Outbursts at Work and Online

By Cherie Harris On June 27, 2023 · Add Comment · In Substantive Articles
by Jenny Smiley Employers and young lawyers alike should be aware of the National Labor Relations Board’s recent decision in Lion Elastomers, LLC II in which the NLRB reverted its rule regarding “abusive conduct” in the workplace back to pre-2020 standards. On May 1, 2023, the NLRB published its decision in Lion Elastomers LLC II [...]
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Potential Ethical Violations by Elle Woods, Gemini Vegetarian

By Cherie Harris On May 19, 2023 · Add Comment · In Substantive Articles
Elle Woods continues to reign as the legal icon of a generation. With her pink suit, impeccable work ethic, and ever-increasing grace, there is a lot for lawyers to admire within the hour and thirty-six minutes that we get to know her. However, Elle Woods isn’t perfect. In fact, if the events of the movie [...]
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Teacher Pay in Texas: Who Decides How Much They Make?

By Cherie Harris On April 21, 2023 · Add Comment · In Substantive Articles
Teacher pay has been a recent source of communal outrage all over the news and social media. The general consensus is that we should be paying teachers more, but who in Texas actually decides what the average K-12 teacher makes? Full-time Texas teachers, speech pathologists, librarians, nurses, and counselors are paid based upon their years [...]
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DAYL Pushed Its Membership Criteria Real Good: Those With Salt-N-Pepa Hair Can Participate

By Cherie Harris On March 10, 2023 · Add Comment · In Substantive Articles
Let’s talk about age, baby.  Let’s talk about above-average age for new lawyers, specifically.  Let’s talk about all the good things and the bad things that may be. Recognizing the realities of nontraditional students and modern practice, DAYL recently expanded its membership criteria to include those in their first 12 years of practice.  Until then, [...]
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TTAB Sides with Lizzo, Finds her 100% THAT (Trademark Owner)

By Cherie Harris On February 14, 2023 · Add Comment · In Substantive Articles
Lizzo just took a DNA test, turns out, she’s 100% a registered trademark owner. If you aren’t familiar with that phrase – you may be soon. A recent Trademark Trial and Appeal Board tribunal found Grammy-winner and internet icon Lizzo could register “100% THAT B—-” as a clothing trademark. Lizzo popularized her proposed mark in the [...]
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Enforcing a Foreign Judgment in Texas

By Cherie Harris On January 10, 2023 · Add Comment · In Substantive Articles
You have a judgment from another state but need to enforce it in Texas.  Now what?  If you’re like many civil litigators, the process of collecting a judgment may be surprisingly unfamiliar.  So here is a quick primer. Locate the Judgment Debtor’s Assets. If you must domesticate a foreign judgment, it is likely because the [...]
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Family Law and the Military

By Cherie Harris On December 14, 2022 · Add Comment · In Substantive Articles
With so many people in the military, we are bound to run into military issues in our family law cases. Are there special circumstances when someone is deployed? How are military assets divided upon divorce? This article answers questions like these so we can better assist our military clients. Possession & Visitation During Deployment If [...]
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Show and Tell: Compelling Use of Visuals & Demonstratives in Employment Cases

By Cherie Harris On November 30, 2022 · Add Comment · In Substantive Articles
by BB Sanford and Bernard Alexander “We learn 10 percent of what we read, 20 percent of what we hear, 30 percent of what we see, 50 percent of what we see and hear, 70 percent of what we discuss, 80 percent of what we experience, and 95 percent of what we teach others.” — [...]
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5 Key Concepts in a M&A Deal Letter of Intent

By Cherie Harris On October 26, 2022 · Add Comment · In Substantive Articles
The Letter of Intent (“LOI”) is a pre-contractual document that outlines the key aspects of a potential deal. The parties of a deal use the letter of intent to iron out some of the areas that will be heavily negotiated in future binding definitive agreements. For this reason, it is important to focus on the [...]
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Sliding into the DMs: Alternative Service via Social Media

By Cherie Harris On September 30, 2022 · Add Comment · In Substantive Articles
Substance, no matter how eloquent, can never defeat procedure.  Each of us could draft an argument that could change laws and progress our society forward, but if the procedure is neglected, it will never see the light of day.  Thus, it is paramount that procedure is followed to ensure that an argument can change the [...]
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Legends of the Hidden Temple? Subject-Matter Waiver of Attorney Work-Product Privilege in Federal Court

By Cherie Harris On August 24, 2022 · Add Comment · In Substantive Articles
          In Federal Court, attorney communications with third-party witnesses are generally privileged as work-product.[1] So, imagine a scenario where you, representing Red Jaguars, LLC,  email an unrepresented, third-party witness in a civil case about the facts surrounding the formation of a contract between Red Jaguar, LLC and Blue Barracudas, Inc. to [...]
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Collaborative Divorce: A Better Alternative to Traditional Divorce

By Cherie Harris On July 19, 2022 · Add Comment · In Substantive Articles
by Lené Alley DeRudder When I tell people I am a divorce lawyer, a common response is “wow, I am so sorry, that’s tough.” My legal practice area often elicits such a response from lawyers and non-lawyers alike. We all know why. Divorce is hard. But it doesn’t have to be as hard as the [...]
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The Internet v. Johnny Depp and Amber Heard – Why Young Lawyers Should Tune in for Livestreamed Trials

By Cherie Harris On June 13, 2022 · Add Comment · In Substantive Articles
by Gracen Daniel Author’s note: While this article will make observations on the notoriety of the trial, it will not offer an opinion on the outcome or the merits of either litigant’s claims. The Johnny Depp v. Amber Heard defamation trial[1] just concluded in a firework ending. Briefly, Depp sued Heard claiming Heard defamed him [...]
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The Dream of America’s First Civil Rights Statute

By Cherie Harris On May 26, 2022 · Add Comment · In Substantive Articles
by Elizabeth “BB” Sanford The law says that it is unlawful for an employer to discrimination because of race. It is also unlawful for an employer to retaliate against an employee for engaging in protected activity. Protected activity is reporting or opposing race discrimination, or participating as a witness in a discrimination case. The history [...]
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Collecting on a Judgment Basics

By Cherie Harris On April 21, 2022 · Add Comment · In Substantive Articles
by John David “JD” Janicek While much of a plaintiff attorney’s time and effort on a case will likely be put toward obtaining a judgment, enforcing that judgment can be an equally challenging endeavor. Indeed, a judgment merely grants the prevailing party a right to collect a sum of money. However, the prevailing party must [...]
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Pivot Into Your Passion

By Cherie Harris On March 17, 2022 · Add Comment · In Substantive Articles
by Cali Franks Pivot! Piv-ot! Piv-et!! Piv-ett!!! Piv-et! Pivot is such a small word, and until the pandemic, it was a word we rarely used. Since the pandemic, “pivot” has been used in headlines, news reports, and company emails to lessen the impact of the ever-changing plans and directions in light of COVID-19. However, either [...]
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Will the Real Van Gogh Please Stand Up?

By Cherie Harris On January 3, 2022 · Add Comment · In Substantive Articles
by Alexis Swanzy and Nicholas Roide The works of Vincent Van Gogh are sweeping across major cities in the United States and have come to rest in Dallas, Texas. Digital exhibits featuring projected animations of Van Gogh’s most famous works have enticed art consumers and dilettantes alike, who are flocking to these experiences in droves. [...]
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Maintaining Form – Dealing With Objections at a Deposition

By Cherie Harris On November 8, 2021 · Add Comment · In Substantive Articles
by Mitch Garrett If you’ve ever sat in a deposition, you have probably heard a partner tell a witness late in the afternoon, “depositions are the best part of our job.”  For a young attorney, the opportunity to take a deposition may be the first adversarial experience of your young career.  But between making sure [...]
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Millennial Young Lawyers Struggles and Pitfalls- How You Can Help or Help Yourself

By Cherie Harris On October 12, 2021 · Add Comment · In Substantive Articles
In the most recent statistical profile by the Texas Young Lawyers Association, there was a 4 percent growth in young lawyers in Texas between 2020 and 2021.[1] The number of young lawyers will continue to grow. More specifically, the number of “Millennials”[2] will increase and eventually will be the dominant age group among attorneys practicing [...]
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Van Buren v. United States – A Narrow Interpretation of “Exceeds Authorized Access” in the Computer Fraud and Abuse Act

By Cherie Harris On September 16, 2021 · Add Comment · In Substantive Articles
by Kristen Knauf On June 3, 2021, the U.S. Supreme Court resolved a Circuit split and narrowly construed the phrase “exceeds authorized access” as used in the Computer Fraud and Abuse Act of 1986 (“CFAA”).[1] There is no question that the CFAA criminalizes breaking into a computer (e.g., hacking).  The CFAA also prohibits individuals with [...]
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Beware of Bankruptcy – Impact of Bankruptcy on Personal Injury Claims

By Cherie Harris On August 17, 2021 · Add Comment · In Substantive Articles
by Andy Jones Many times, if a person has a bankruptcy in their past, it most often has implications in areas of the law other than personal injury, like in a real estate transaction. Or, if it comes up in personal injury, a bankruptcy is most likely to have an impact post-settlement or judgment only. [...]
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The Attorneys’ Fees “Trap” in Chapter 38 of the Civil Practice & Remedies Code’s Has Come to a Close

By Cherie Harris On July 28, 2021 · Add Comment · In Substantive Articles
by Saba Syed For civil litigators, Section 38.001 of the Civil Practice & Remedies Code is a provision to recover attorneys’ fees in disputes involving contracts, quantum meruit, and sworn accounts, among other things. Importantly, Section 38.001 allows any “person” to sue under this provision to recover attorneys’ fees.  The provision, however, only allows for [...]
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5 Ways To Be A 5-Star Associate

By Cherie Harris On June 7, 2021 · Add Comment · In Substantive Articles
by Cali Franks Every young lawyer has been sitting at their desk, two years into practice (or longer), and something just “clicks.” The same way students in law school are told, “one day, the law will just click;” how some young lawyers argue that their “brain has changed” or “the way they view the world” [...]
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Paving a Safer, More Equitable Road for Women in the Gig Economy

By Cherie Harris On May 17, 2021 · Add Comment · In Substantive Articles
by Ashley Pileika and Elizabeth Fabbri Many of the nearly 2.5 million women who lost their jobs over the past year due to COVID19 have turned to the gig economy to support their families. Gig workers may enjoy the freedom and flexibility of their positions, but the industry also raises unique wage and safety concerns [...]
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Are Depositions Take-Home Tests? Using a Federal Analogue to Interpret State Law

By Cherie Harris On April 12, 2021 · Add Comment · In Substantive Articles
by Spencer Page We’ve all been there before: despite diligently preparing your client for their deposition, all of your planning is for naught the second they are asked a series of tough questions by opposing counsel. Now you, the prudent attorney, find yourself playing damage control, trying to correct inadvertent inaccuracies in your client’s deposition [...]
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Be an Expert on Experts: An Overview of Best Practices for Young Attorneys on Expert Witnesses

By Cherie Harris On March 15, 2021 · Add Comment · In Substantive Articles
by Alexis Swanzy and Andrew J. Upton Experts present a unique opportunity for young attorneys to take on a key role in cases. You might be called on to find an expert, serve as the liaison between your firm and the expert, attend an inspection with an expert, prepare direct or cross-examination outlines for depositions, [...]
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How to Provide Value During a Client Call: Nine Quick Tips to Help You Shine

By Cherie Harris On February 12, 2021 · Add Comment · In Substantive Articles
by Megan LaDriere Whether you are a first-year attorney or you have been practicing for years, we all benefit from being reminded of the most fundamental aspect of being an attorney—serving our clients. How can we make our client’s lives easier, how can we save them time, and how can we add value to them?  [...]
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Two Opioid Crisis Disputes Demonstrate Importance of Policy Language to Coverage

By Cherie Harris On January 18, 2021 · Add Comment · In Substantive Articles
by Robert Fountain As the world looks forward to the end of the COVID-19 pandemic in 2021, the legal system is just beginning to grapple with the fallout of another ongoing epidemic: the nationwide opioid crisis. A pair of recent insurance coverage disputes involving pharmaceutical distributors sued for their roles in the opioid epidemic illustrate [...]
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Your Divorce is Digital

By Cherie Harris On January 5, 2021 · Add Comment · In Substantive Articles
by Chris Meuse Ask yourself: How long has it been since you mailed a love letter? When did you last have film developed? When was the last time you went to your bookshelf to find the answer to a nagging question? Now ask: How long has it been since you checked Instagram? When was the [...]
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Was the forum-defendant rule made to be broken?

By Cherie Harris On November 17, 2020 · Add Comment · In Substantive Articles
Most young lawyers learned in first-year procedure that a case can’t be removed to federal court on the basis of diversity of citizenship when there is an in-state defendant. That rule is commonly referred to as the “forum-defendant rule,” which is codified in 28 U.S.C. § 1441(b)(2). This description of the “forum-defendant rule” has become [...]
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A Wolf in Sheep’s Clothing? A Deep Dive into the Implications of United States Patent & Trademark Office v. Booking.com B.V.

By Cherie Harris On October 27, 2020 · Add Comment · In Substantive Articles
by Chandler Saul and Alexis Swanzy In October Term 2019, the United States Supreme Court considered whether adding a top-level domain—for example “.com”—to a generic term would automatically prohibit Trademark eligibility.[i] In United States Patent & Trademark Office v. Booking.com B.V., the Court refused to hold that such was the case. The Court did utilize [...]
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Don’t Know Why You Say Goodbye I Say Hello – To Class and Collective Action Waivers

By Cherie Harris On June 26, 2018 · Add Comment · In Substantive Articles
by Janet Landry Smith Ogletree, Deakins, Nash, Smoak & Stewart, P.C. Last month, the Supreme Court ruled by a 5-4 vote that arbitration agreements containing a waiver of class and collective proceedings are enforceable, settling an issue that has divided courts for the past six years. The decision represents a victory for employers who have [...]
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E-Discovery: What It Means to Us

By Cherie Harris On March 16, 2015 · Add Comment · In Substantive Articles, The Dicta
by Marisa Jeffrey March 2015 Dicta It’s no secret that the past ten years have seen an e-discovery explosion. The formulation of the federal rules on e-discovery in 2006 only papered the obvious: electronically stored information is the future of complex litigation. As e-discovery becomes commonplace, lawyers are responding. The bottom line is that e-discovery [...]
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Benefit Corporations Make Altruism a Part of Their Legal Fabric

By Cherie Harris On February 10, 2015 · Add Comment · In Substantive Articles, The Dicta
February 2015 Dicta by Rachel L. Williams A growing trend of sustainable and ethically-minded profit-making has laid the foundation for a new legal entity: the benefit corporation. Major companies such as Campbell Soup and Patagonia are incorporating benefit corporations into their corporate structures, often as subsidiaries. Twenty-seven states, including Delaware, California, and New York, have [...]
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Calling the Bullpen When Your Case Is in Crisis

By Cherie Harris On January 19, 2015 · Add Comment · In Substantive Articles, The Dicta
by Heath Cheek January 2015 Dicta It’s the scenario that every client dreads. After hiring counsel to handle a litigation matter, the case goes off the rails. Maybe the current counsel is not devoting enough attention to the case, or maybe the court issued a series of adverse rulings causing the client to lose faith [...]
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Be a Rule Follower: Rule 47

By Cherie Harris On December 1, 2014 · Add Comment · In Substantive Articles
by Joshua M. Sandler and Rafael C. Rodriguez December 2014 Dicta Imagine a scenario whereby you meet a prospective client over lunch and you learn from the client that her company is being sued for breach of contract. She tells you she wants to file a counterclaim for breach of fiduciary duty. So you give [...]
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Approaching and Litigating a Traumatic Brain Injury Case

By Cherie Harris On September 19, 2014 · Add Comment · In Substantive Articles, The Dicta
by Jennifer Lee September 2014 Dicta Everyone knows that a traumatic brain injury is a serious case to defend. The case becomes even more difficult when it is questionable if a traumatic brain injury truly occurred or if someone experienced loss of consciousness and is diagnosed with post-concussive syndrome with continuing symptoms. This is largely [...]
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Proposed Amendments to the Federal Rules of Civil Procedure

By Cherie Harris On July 9, 2014 · Add Comment · In Substantive Articles, The Dicta
by Jennifer Larson July 2014 Dicta Proposed amendments to the Federal Rules of Civil Procedure were approved by the Standing Committee on Rules of Practice and Procedure in May 2014, and will be submitted to the Judicial Conference, who will then submit the proposed amendments to the Supreme Court for review. If approved by the [...]
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From the Expected to the Unexpected: How to Make Force Majeure Clauses Work for Your Client

By Cherie Harris On July 3, 2014 · Add Comment · In Substantive Articles, The Dicta
by Mary U. Irozuru A force majeure clause is a contract provision that excuses a non-performing party’s failure to perform under a contract upon the occurrence of certain events. As a general rule, courts are limited to the express, unambiguous intent of the parties, but may turn to common law where necessary to fill in [...]
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Indemnification Agreements: An Effective Technique for Transferring Risk in Texas

By Cherie Harris On May 21, 2014 · Add Comment · In Substantive Articles, The Dicta
May 2014 Dicta by Angela Buchanan, Sedgwick LLP When businesses enter into relationships with individuals or other businesses, there are generally risks associated with the relationship. For instance, when a business enters into a relationship with a vendor to provide goods, there is a risk that those goods could be defective and could injure someone. [...]
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Beyond Basic Business Formation: Planning for Your Client’s Small Business

By Cherie Harris On May 21, 2014 · Add Comment · In Substantive Articles, The Dicta
April 2014 Dicta by Sarah R. Duff, The Duff Law Firm Entrepreneurs often seek legal advice on business formation, taxes, and the like. Besides advising clients on whether an LLC or partnership is a more advantageous choice, one additional consideration for business owners is an estate plan for the business. Real Reasons to Consider Future [...]
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6 Keys to Recovering Attorneys’ Fees in Texas

By Cherie Harris On January 20, 2014 · Add Comment · In Substantive Articles
by Jennifer McCollum and Nicholas Kennedy, Baker & McKenzie LLP We all know the American Rule—that each party generally pays its own attorneys’ fees. But attorneys’ fees are available more often than you may expect—and when they are, there are six keys to keep in mind. Availability. Does a contract, rule or statute provide for [...]
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Who Can You Trust? Determining Whether a Revocable Living Trust is Right for Your Client

By Cherie Harris On January 20, 2014 · Add Comment · In Substantive Articles
by Jason Lemons It’s almost inevitable. Someday – most likely around 4 p.m. on a Friday afternoon – a potential client will come into your office, certain that they need a living trust. They may have gotten this advice from a relative, attended a seminar or heard about living trusts on television from a syndicated [...]
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