IN BRIEF: Building a Record: Why Depositions Are Worth the Cost

IN BRIEF: Building a Record: Why Depositions Are Worth the Cost Imagine you are at a mediation, settlement conference, or trial, and your opposing party tells a version of events that doesn’t quite line up the truth. You know that’s not what he said three months ago, but how can you prove it? Depositions can be the most expensive part of a lawsuit, but they are often worth their weight in final damages. The deposition itself, necessary travel, and witness preparation can require hours of an attorney’s time. For the party taking the deposition, there can be expenses for hiring videographers and...
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LEGAL ALERT: The Cost of Violating Artists’ Moral Rights: A VARA Case Study

LEGAL ALERT: The Cost of Violating Artists’ Moral Rights: A VARA Case Study When Congress enacted The Visual Artists Rights Act (“VARA”), it granted certain “moral rights” to artists. These moral, non-economic rights extend protection to visual works, such as murals, and prohibit the willful and negligent destruction of works with “recognized stature”. For a work to obtain recognized stature, the artist must demonstrate that the work possesses value, and the art must receive recognition by either the art community or society. At its core, VARA represents a significant legislative commitment to preserving the integrity of visual art, protecting an artist’s individual...
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World-Renowned Artist Wyland, Wyland Foundation Issue Cease and Desist as Dallas Destroys Iconic Mural for FIFA World Cup Promotion

World-Renowned Artist Wyland, Wyland Foundation Issue Cease and Desist as Dallas Destroys Iconic Mural for FIFA World Cup Promotion Property Owner, City of Dallas, and FIFA Accused of Willful Violations of Federal Law DALLAS, TX — Kessler Collins, P.C., on behalf of internationally acclaimed artist Wyland and the Wyland Foundation, issued a formal Cease and Desist letter to 3PZ Property Company, LLC, the Dallas Convention & Visitors Bureau (d/b/a North Texas Local Organizing Committee), the City of Dallas, and FIFA (Americas), Inc., demanding an immediate halt to prevent the further destruction of Wyland's iconic mural "Ocean Life", also known as Whaling Wall...
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IN BRIEF: Taylor Swift Opposes Trademark Filing for ‘Swift Home’

IN BRIEF: Taylor Swift Opposes Trademark Filing for ‘Swift Home’ Background When Cathay Home, a bedding manufacturer, filed its “Swift Home” trademark in 2015 and registered it in 2016, it faced no opposition. In early 2026, the company sought to renew the mark, but this time, it introduced a revised logo. The updated design featured the word “Swift” in cursive script, a change that drew scrutiny and brought trademark principles into the spotlight. TAS Rights Management LLC, which manages Taylor Swift's intellectual property interests, filed two oppositions before the U.S. Patent and Trademark Office (“USPTO”) challenging Cathay Home’s renewed application. Swift’s legal team...
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LEGAL ALERT: OCR Announces New Enforcement Program to Protect the Confidentiality of SUD Patient Records

LEGAL ALERT: OCR Announces New Enforcement Program to Protect the Confidentiality of SUD Patient Records In February, the U.S. Department of Health and Human Services (“HHS”), Office for Civil Rights (“OCR”) announced a new program to implement and enforce statutory and regulatory requirements protecting the confidentiality of substance use disorder (“SUD”) patient records, effective February 16, 2026. Such a development marks the first time civil enforcement authority will be exercised over 42 CFR Part 2 (“Part 2”) regulated entities to protect the confidentiality of these records. Background Part 2 is a federal law that protects the confidentiality of patient records for those...
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IN BRIEF: Early Warning Signs of Tenant Distress and Steps Landlords Should Take Now

IN BRIEF: Early Warning Signs of Tenant Distress and Steps Landlords Should Take Now Economic volatility often surfaces first in the form of tenant distress. For commercial landlords, the difference between a manageable workout and a significant loss often comes down to early detection and disciplined, proactive action. Based on patterns observed in prior market cycles, below are key warning signs that a tenant may be experiencing financial distress, along with practical steps landlords can take now to protect their position. Early Warning Signs of Tenant Distress Landlords should remain alert to both financial and operational indicators, particularly where multiple signals appear at once: ...
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LEGAL ALERT: President Trump’s Executive Order to Ensure a National Policy Framework for Artificial Intelligence

LEGAL ALERT: President Trump’s Executive Order to Ensure a National Policy Framework for Artificial Intelligence President Trump’s executive order Ensuring a National Policy Framework for Artificial Intelligence (the “EO”) serves as part of a movement to create a unified national policy framework for AI. The EO seeks to limit state laws that burden AI innovation and conflict with federal AI policy and protect children and communities, prevent censorship, and uphold copyrights. Ultimately, the goal is to position the United States as the global leader in AI by replacing a “patchwork” of state regulations with a minimally burdensome national AI policy framework. The...
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IN BRIEF: Texas Adopts Uniform Interstate Depositions and Discovery Act Simplifying Interstate Discovery

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...
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IN BRIEF: Regulating Foreign Ownership of Texas Real Property: An Overview of Texas Senate Bill 17

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...
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IN BRIEF: Texas Enacts New Restrictions on Non-Compete Agreements with Healthcare Professionals

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...
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