Texas

The state of Texas is the second largest in the US by area, and population. With nearly 270,000 sq.miles in area, and over 28 million residents living in the state, the south-central state shares borders with Louisiana, Arkansas, New Mexico, and Oklahoma. It is also bordered by Mexican states and the Gulf of Mexico. Houston is the state’s most populous city and 4th most populous city in the country. It was admitted as the 28th state into the union on December 29, 1845.

Texas’ economy was driven by four-prominent industries prior to WWII including cattling, timber, oil, and cotton. The discovery of oil deposits in the state led to the economic boom and was the main driving force in the state throughout the 20th century. Since 2002 Texas has been the leading state in the US in exports, and maintains the second highest GDP in the nation. Today the state is a leading producer in oil, is one of the leading states in government jobs in the tech industry, and has one of the largest economies throughout the US and worldwide.

The government of Texas was set up by the Texas Constitution, and consists of a unitary democratic state government operating under a presidential system that uses the Dillon Rule, as well as governments at the county and municipal levels.  The Dillon Rule is  a legal principle that local governments have limited authority, and can pass ordinances only in areas where they have been granted authority by the larger state government.  The executive branch of the Texas state government includes the Governor, Lieutenant Governor, Comptroller of Public Accounts, Land Commissioner, Attorney General, Agriculture Commissioner, the three-member Texas Railroad Commission, the State Board of Education, and the Secretary of State.   The system in Texas limits the power of the Governor, as each executive branch member (with the exception of the Secretary of State) are elected independently.

Much like the federal government, the legislature of Texas has two houses-the Texas House of Representatives and the Senate.  Again, like the federal government, the Speaker of the House leads the House of Representatives, and the Lieutenant Governor leads the Senate. 

Texas boasts one of the most complicated judicial systems in the country.  The system is described in Article 5 of the Texas Constitution and is further defined by statute, in particular the Texas Government Code and the Texas Probate Code.  The system is complicated by multiple levels and overlapping jurisdictions, with different courts often sharing courthouses.  The court levels are: The Supreme Court, Court of Criminal Appeals, Courts of Appeals, District Courts, Probate Courts, Constitutional County Courts, Statutory County Courts at Law, Municipal Courts and the Justice of the Peace Courts.

The National Law Review covers several stories from the state of Texas and the 5th Circuit Court of Appeals. Cases and stories related to telemedicine and healthcare in the state, data and cybersecurity laws, labor and employment laws, paid sick leave, insurance law, bankruptcy and tax cases, are among the different areas of law visitors will find, as they relate to Texas, on the National Law Review site.

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Apr
3
2021
The Energy Market in 2021: Reenergizing after the Storm [PODCAST] McDermott Will & Emery
Jun
24
2021
Federal Circuit Lacks Appellate Jurisdiction over Standalone Walker Process Claims McDermott Will & Emery
Aug
19
2021
Publisher’s Co-Authorship Claim Arises Under Copyright Act, Invoking Exclusive Federal Jurisdiction McDermott Will & Emery
Oct
28
2021
Judge Albright Issues Updated Standing Order for Patent Cases McDermott Will & Emery
Mar
1
2023
Trending in Telehealth: February 20 – 26, 2023 McDermott Will & Emery
Sep
1
2014
Misappropriation of Trade Secrets Warrants an Ongoing “Reasonable Royalty” McDermott Will & Emery
Dec
18
2015
Circumstantial Evidence Stretched Beyond Limits in Proving Kickback and Fraud-on-DrugDex Theories McDermott Will & Emery
Aug
10
2016
Texas Comptroller’s Office Holds Roundtable on Proposed Regulation Targeting IT, Pharmaceutical Industries McDermott Will & Emery
Sep
6
2019
Federal Court Certifies Class in Multiple-Plan ERISA Challenge to Health-Plan and Retirement-Plan Fees McDermott Will & Emery
Nov
20
2020
In EDTex, the Fallout Continues McDermott Will & Emery
Feb
23
2021
Green Sprouts McDermott Will & Emery
Jan
24
2023
Trending in Telehealth: January 17 – 23, 2023 McDermott Will & Emery
Apr
21
2023
Trending in Telehealth: April 11 – 17, 2023 McDermott Will & Emery
Jul
3
2011
Combining Disclosed Technology Can Be a Protectable Trade Secret McDermott Will & Emery
May
8
2017
Texas Supreme Court Weighs In on Tied House McDermott Will & Emery
Dec
16
2020
On Again, Off Again McDermott Will & Emery
Mar
17
2022
IRS Continues Focus on Hiring and Modernization of Technology McDermott Will & Emery
Mar
10
2023
District Court Vacates Provisions of No Surprises Act Final Rule McDermott Will & Emery
Apr
21
2023
Tri-Agencies Address Preventive Services Coverage in The Wake of Braidwood McDermott Will & Emery
Aug
29
2018
Defendant Did Not Prevail Under Texas Statute Where Case Was Decided Under California Law McDermott Will & Emery
Jul
13
2022
The Gloves Come Off: CFTC Takes Swing at Largest Bitcoin Fraud Scheme McDermott Will & Emery
Mar
10
2023
Proposed Changes to Dsh Payment Calculation Regulations Could Impact 340B Hospitals McDermott Will & Emery
May
21
2023
Trending in Telehealth: May 8 – 15, 2023 McDermott Will & Emery
Apr
23
2012
Texas Public Utility Commission "PUCT" Approves Proposals to Raise Energy Price Offer Caps McDermott Will & Emery
Apr
19
2016
Retailers, Such as IT and Pharmaceutical Vendors, Among Businesses Targeted by Texas Comptroller’s Proposed Rule Change McDermott Will & Emery
Dec
29
2016
Texas Court of Appeals Hands Down Instructive Administrative Law Opinion McDermott Will & Emery
May
15
2019
Dallas Implements Paid Sick Leave Law: What You Need To Know McDermott Will & Emery
Nov
25
2020
Waco to be the New Trial Hot Spot McDermott Will & Emery
Jul
14
2023
Texas Approves Bill Prohibiting Gender-Affirming Care for Minors McDermott Will & Emery
Nov
17
2023
Trending in Telehealth: November 8 – 14, 2023 McDermott Will & Emery
Mar
7
2017
Proposed Regulation in Texas on Name and Address Labeling for Malt Beverages McDermott Will & Emery
Oct
10
2017
Texas Continues to Embrace Telemedicine McDermott Will & Emery
Mar
26
2018
Federal District Court Rejects Craft Brewers’ Equal Protection and Due Process Challenge of Texas’ Ban on Brewer Off-Premises Retailing McDermott Will & Emery
Jan
29
2020
Failure to Mitigate Not a Complete Defense to Statutory Damages Under Copyright or DMCA McDermott Will & Emery
Jul
28
2022
Breach of Confidentiality Claim Survives Motion to Dismiss under Anti-SLAPP Law McDermott Will & Emery
Aug
11
2023
Don’t Ruin Today’s CNS with Yesterday’s Problems McDermott Will & Emery
Sep
22
2023
Trending in Telehealth: September 5 – 18, 2023 McDermott Will & Emery
May
4
2012
Eastern District of Texas Unveils E-Discovery Model to Curb Abuse McDermott Will & Emery
Aug
1
2014
Convenience Trumps Potentially Higher Royalties McDermott Will & Emery
Sep
30
2016
Federal Patent-Agent Privilege Not Recognized in Texas State Courts McDermott Will & Emery
Mar
9
2017
Texas to Take a Leap Forward in Telehealth – A Proposed Bill Drops the Controversial In-Person Evaluation Requirement McDermott Will & Emery
Oct
16
2017
Texas Court of Appeals Reverses T.G.I. Friday’s Label Decision McDermott Will & Emery
Jan
30
2019
District Court: IPR Policy Does Not Automatically Require License Fees Based on Components McDermott Will & Emery
Feb
24
2022
Reasonably Prudent Operator or Good and Workmanlike Manner: Does Your Contract Have the Right Standard of Care? McDermott Will & Emery
Jul
28
2022
New WDTX Order Shakes Up Initial Judge Assignments McDermott Will & Emery
Mar
16
2023
Trending in Telehealth: March 6 – March 12, 2023 McDermott Will & Emery
Jun
27
2023
Trending in Telehealth: June 13 – 21, 2023 McDermott Will & Emery
Mar
26
2024
Update on Texas Senate Bill 14-Related Lawsuits McDermott Will & Emery
Oct
25
2013
Support for Airlines Merger Grows McDermott Will & Emery
Sep
14
2015
Omnicare Decision Demonstrates that Relators Cannot Rely on Ambiguous Evidence of Intent to Survive Summary Judgment, and Should Exercise Caution McDermott Will & Emery
 

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