In the wake of a recent landmark decision by a federal appellate court in regard to where climate change lawsuits should be litigated, the U.S. Court of Appeals for the Fourth Circuit has provided further guidance as to how federal courts may address attempts to have these cases litigated at the federal level. Hicks Johnson senior counsel Brandon Winchester discusses.

Case law involving limited liability companies (LLCs) is rapidly evolving. Some states, most notably Delaware, permit LLCs to limit or eliminate liability for breaches of fiduciary duty by an LLC’s members or managers. Other states cabin that ability to varying degrees. Disputes regarding breaches of fiduciary duty can often hinge on the scope of any relevant exculpation provisions in the LLC agreement, and the body of law governing the LLC agreement can materially alter outcomes. Individuals seeking to do business in Texas are likely to encounter LLCs that were organized in Delaware (popular for, among other things, this very reason) and in Texas. In this article, managing partner Andy Hicks and associates Bryan Zubay and James Keefe compare key differences between Delaware and Texas law on LLC exculpation provisions.

Can litigants request a jury trial in federal bankruptcy court? According to managing partner Andy Hicks and associates Bryan Zubay and James Keefe, it’s a viable option worth considering.

On Tuesday, February 8, the U.S. Court of Appeals for the Tenth Circuit laid down a landmark ruling in a lawsuit brought by a group of Colorado municipalities accusing several energy companies of climate change-related harm. Hicks Johnson senior counsel Brandon Winchester outlines the decision.

The past year saw several attempts to apply new applications of the public nuisance doctrine to the opioid crisis, thanks to litigators seeking to expand the definition to areas outside traditional applications. Senior counsel Brandon Winchester reviews key developments in Oklahoma, Ohio, and California.

Partner Persis Dean joined Hicks Johnson in 2015 after six years as in-house counsel for Exxon Mobil Corporation and three at Vinson & Elkins. Now, she is poised to help lead the firm through its most rapid growth period yet. Dean discusses what it’s like to be a working parent in corporate law, her approach to mentoring, and the benefits of boutique firm life.

As law firm hiring season shifts into high gear, top students are faced with a plethora of choices.  In addition to the traditional on-campus interviews (or their Zoom equivalents) by Big Law recruiting departments, a growing number of boutique litigation firms are offering competitive packages—including top-tier salaries and benefits—to prospective summers and first-years. Hiring partner Adam Dinnell of Houston-based Hicks Johnson talks candidly about the pros and cons of boutique firm life.

Public nuisance claims have long been understood to rest on “an unreasonable interference with a right common to the general public.” Typically, litigation sought recovery for damages in connection with (among other examples) interference in land use and public spaces, polluting public waterways, or making too much noise.

On May 21, the U.S House Committee on Financial Services released draft legislation excluding all SPACs from the safe harbor for forward-looking statements provided in the Private Securities Litigation Reform Act of 1995 (PSLRA). Hicks Johnson partner Varant Yegparian and Jon Janes, a vice president at insurance brokerage firm Woodruff Sawyer, teamed up to assess the increased potential liability that could befall SPACs, their targets, and their respective directors and officers should the legislation be passed.