Press

IN BRIEF: Texas Adopts Uniform Interstate Depositions and Discovery Act Simplifying Interstate Discovery Texas recently joined the majority of states in streamlining interstate discovery by adopting the Uniform Interstate Depositions and Discovery Act (“UIDDA”). Amendments to Texas Rule of Civil Procedure 201 fully implemented the UIDDA and took effect August 31, 2025, significantly shifting how parties conduct interstate discovery involving Texas witnesses. Previously, out-of-state attorneys seeking evidence in Texas were required to obtain a “mandate, writ, or commission” from the court where the lawsuit was pending, which imposed significant delays and costs. Under the amendments to Rule 201, interstate attorneys simply need...

IN BRIEF: Regulating Foreign Ownership of Texas Real Property: An Overview of Texas Senate Bill 17 On September 1, 2025, Senate Bill 17 (“SB 17 or the Act”) took effect following its passage by the 89th Texas Legislature to address perceived national security concerns related to foreign state actors’ acquisition of Texas real property. The Act restricts individuals and entities associated with countries designated as national security risks from acquiring interests in real property in Texas. While the list may expand, current designated countries include China, Russia, Iran, and North Korea. What interests are affected? Under SB 17, “real property” is defined...

IN BRIEF: Texas Enacts New Restrictions on Non-Compete Agreements with Healthcare Professionals During the 2025 Texas Legislative session, the Texas legislature amended Texas’ non-compete laws for certain healthcare professionals by enacting SB 1318. SB 1318 restricts non-compete agreements with physicians, dentists, professional and vocational nurses, and physician assistants with the goal of improving patient care and increasing provider mobility. The law only applies to agreements entered into or renewed on or after September 1, 2025; however, it significantly changes how healthcare employers may structure agreements and protect their interests in the future. For non-compete agreements subject to SB 1318, the following requirements...

IN BRIEF: Breaking Down the Courtroom Battle Between the Mavericks and the Stars Recently, the Dallas Mavericks filed a lawsuit in the Texas Business Court against the Dallas Stars over management and ownership of the American Airlines Center (“AAC”). Specifically, the Mavericks have sued the Stars for wrongful interference with arena operations and finances claiming that the Stars franchise breached its lease and blocked renovations. Additionally, the Mavericks claim full ownership and control over the AAC because of the Stars’ breach. In response, the Stars filed a countersuit seeking to restore normal operations and prevent the Mavericks’ “attempted hostile takeover of...

IN BRIEF: Texas’ Responsible Artificial Intelligence Governance Act On June 22, 2025, the Texas governor signed House Bill 149, the Texas Responsible Artificial Intelligence Governance Act (“TRAIGA”) to set standards geared towards ensuring responsible use of AI as it rapidly evolves. New restrictions and prohibitions on certain uses of AI will be in effect for both government agencies and private companies starting January 1, 2026, requiring businesses to reevaluate current policies and procedures. Key Components TRAIGA is applicable to private sector companies developing, marketing, selling, or otherwise providing AI-generated content or services to Texas residents and to government agencies using AI to interact...

LEGAL ALERT: The Growing Threat of Deepfake Evidence in Litigation An ever-evolving technology, Artificial Intelligence continuously presents new opportunities and novel concerns. One growing concern is the use of “deepfakes” in litigation. Deepfakes are AI-generated or manipulated videos, images, or audio files that convincingly depict events or statements that never occurred. The risk is twofold: litigants may offer falsified evidence or make baseless claims that their opponent has offered falsified evidence. Both scenarios can undermine a jury’s perception of authenticity and increase the time and cost of litigation. In response, the Advisory Committee on the Federal Rules of Evidence is considering amending Rule 901. Currently, Rule...

KESSLER COLLINS’ ATTORNEYS RECOGNIZED BY SUPER LAWYERS Dallas, TX - September 29, 2025 - Kessler Collins is excited to announce that Thomson Reuters' Super Lawyers has recognized Tony Barbieri and Gary Kessler as Texas Super Lawyers for 2025, and Chandler Roide as a Texas Rising Star for 2025. This recognition highlights the exceptional legal talent and dedication within our firm. These attorneys have demonstrated exemplary achievements, leaving no doubt that they have earned their spot on these lists. The recognition as a Super Lawyer or Rising Star is a testament to the legal excellence and peer recognition of attorneys. Super Lawyers selects...

IN BRIEF: U.S. Department of Labor Reinstates PAID Program: What it Means for Employers The U.S. Department of Labor’s (“DOL”) Wage and Hour Division (“WHD”) recently announced the relaunch of the Payroll Audit Independent Determination (“PAID”) program. Supervised by the WHD, PAID provides employers with the opportunity to avoid litigation and instead self-audit, voluntarily report, and quickly resolve certain violations of the Fair Labor Standards Act (“FLSA”) and the Family and Medical Leave Act (“FMLA”). The original program was implemented in 2018 under the Trump administration and discontinued in 2021. With its resurrection, FLMA violations are now included, and the WHD...

IN BRIEF: OCR’s Recommendations for HIPAA Covered Health Care Providers On August 18, 2025, the Office for Civil Rights (“OCR”) announced a settlement with BST & Co. CPAs, LLP (“BST”) over alleged violations of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) Security Rule. BST, a New York public accounting and consulting firm, serves as a HIPAA business associate by receiving financial data containing protected health information (“PHI”). The enforcement action brought by OCR stemmed from a ransomware attack discovered in December 2019, which impacted the PHI of BST’s covered entity client. The HIPAA Security Rule sets forth certain...

IN BRIEF: Today’s Tariffs and the Impact on Commercial Real Estate Tariffs have become a critical concern in commercial real estate, affecting both ongoing construction projects and the long-term cost structures of ownership and leasing. Historically, tariffs on imports and exports have triggered wide reaching economic effects, and tariffs imposed in 2025 by the Trump administration on certain imports from Canada, Mexico, China and other major U.S. importers are no exception. While these tariffs aim to protect domestic industries and promote economic independence, they will also likely burden developers, landlords, tenants, and contractors through higher material costs, longer lead times, and...