Nima Michael Astani

The Texas Data Privacy & Security Act is in effect as of today, and the Texas AG's Office has made clear their intention to aggressively enforce this and other privacy laws (and have already started doing so). Notably, the team responsible for enforcing the TDPSA comprises 10+ attorneys, far exceeding the size of similar teams in most other states. [insert Texas cliché here, e.g., "Everything's bigger in Texas," "Don't mess with Texas," "Saddle up, partner!" 🤠 ] #privacy #dataprivacy #privacylaw #texasprivacy #TDPSA

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The Federal District Court for the Southern District of Texas's recent decision in Siegel v. BWAY Corp (https://lnkd.in/gnv9BngS) illustrates the consequences of Texas's amended sexual harassment laws, which now holds individual managers and supervisors liable for certain aspects of sexual harassment. In this case, diversity jurisdiction was destroyed by the new causes of action because the individual managers were Texas residents. As a result, the case was remanded to state court. Employers will have to wait and see if the individual managers are ultimately held personally liable under the amendments. Texas Labor Code§21.142(1-2)  #antisexualharassment #employerswhocare #employmentlawyer #employmentlaw #texasemploymentlaw

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Spotify Bundling Fallout Continues; Federal Lawmakers Present ‘Serious Questions’ to the Copyright Office About ‘A Compulsory Licensing System That Robs’ Songwriters - Read the article: https://smpl.is/99frd #copyrightlaw #copyright #intellectualproperty #trademarklaw #trademarklawyer #iplaw #lawyer #entrepreneur #trademark #trademarkattorney #copyrightinfringement #trademarks #businesslaw #copyrightlawyer #copyrights #lawfirm #intellectualpropertylaw #smallbusiness #patents #patent #contractlaw #intellectualpropertyrights #ip #entertainmentlaw #law #nashville #business #trademarkregistration #legal #nashvillebusiness Image by cdd20 from unsplash

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A federal judge in Texas has temporarily blocked the FTC's upcoming noncompete ban, originally set to take effect in September. The court ruled that the FTC may have overstepped its bounds when it introduced the ban in April, affecting around 30 million workers. Although the FTC claims it’s intent is to make job transitions smoother and increase wages for employees, small business owners would be the hardest hit. Doing away with non-competes will allow employees to easily start their own business by taking their former employer’s clients/customers, hire away their staff and/or access sensitive information. A lawsuit by a Texas tax firm led to this pause, with a final decision expected by August 30th The US Chamber of Commerce and other business entities joined in the lawsuit. Theres also a case in Pennsylvania that will be decided later this month. We are following this case closely and will update you with any new developments. In the meantime, here’s an article providing both perspectives: https://lnkd.in/eeNg6j8U

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Are you a Texas attorney who is a good writer and has a great idea for a substantive legal article? I am on the Editorial Board of the Texas Bar Journal, and I don’t think most people realize that you can just submit an article for consideration. Check out the requirements at Texasbar.com/submissions! Also, feel free to reach out to me if you have any questions. #legalwriting #texaslawyers #texasbarjournal

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In A First for Law Practice Management Platforms, Clio Rolls Out An Integrated E-Filing Service in Texas https://lnkd.in/dsWWFszP #law #legaltech #lawtech #ltl

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Five Legal Podcasts for Texas Trial Lawyers Who Want to Make Their Practices Better Read this post and more on my Typeshare Social Blog: https://lnkd.in/g8VSPrTb

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I often say that one of the best things about podcasting is how much I learn from doing it. If you're interested in or unfamiliar with the concept of procedural justice, this episode is worth checking out. #AppellateLinkedIn

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Louisiana Lawyers: If you are used to filing lawsuits in East Baton Rouge using La. C.C.P. art. 42(7), and who isn't, you need to be aware about big changes to that article. Section 7 has been repealed in its entirety, and changes have been made to Sections 5 and 6. Read the revisions below.* #louisianalaw #civilprocedure #louisianalegislature #lalege #plaisancelaw *Classic disclosure: Read the bill for yourself to observe the nuances. Not legal advice.

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🚨UPDATE: ND TX Court says FTC likely does not have authority to enact its sweeping Non-Compete Ban and issues a LIMITED preliminary injunction. The Court’s limited order forbids the FTC from enforcing its non-compete ban ONLY as to the plaintiff and the plaintiff-intervenors. The court did not issue a nationwide injunction and the FTC ban continues to be enforceable (for now) as to everyone not a party to the case. Judge Brown expressed her intention to make a dispositive ruling on the merits of the case by August 30, 2024. This is critical given that the FTC rule goes into effect on September 4, 2024. Parsing Judge Brown’s reasoning set in the memorandum opinion and order on the preliminary injunction, I predict she will find the FTC rule to be unlawful and strike down the ban. I also predict the FTC won’t go down without a fight 🥊 Judge Brown’s order is here: https://lnkd.in/g39GvJtG

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Louisiana Lawyers: Did you know that La. Code of Civil Procedure article 966 was amended for 2024? There are a few changes, but a very important one deals with exhibits. Make sure you know the new law, because it expands the universe of exhibits that you can attach to an MSJ or opposition. If you have questions about filing an MSJ, or you need to oppose one ASAP, give Plaisance Law a call today: 225-775-5297. #louisianalaw #motionpractice #appeals #personalinjury #appellatelinkedin https://lnkd.in/gXXzjGr9

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Texas Attorney General's office will focus on the enforcement of Texas’s privacy protection laws including the Data Privacy and Security Act, the Identity Theft Enforcement and Protection Act, the Data Broker Law, the Biometric Identifier Act, the Deceptive Trade Practices Act and federal laws including the Children’s Online Privacy Protection Act (COPPA) and the Health Insurance Portability and Accountability Act (HIPAA). “Any entity abusing or exploiting Texans’ sensitive data will be met with the full force of the law. Companies that collect and sell data in an unauthorized manner, harm consumers financially, or use artificial intelligence irresponsibly present risks to our citizens that we take very seriously,” Paxton said. “As many companies seek more and more ways to exploit data they collect about consumers, I am doubling down to protect privacy rights. “With companies able to collect, aggregate, and use sensitive data on an unprecedented scale, we are strengthening our enforcement of privacy laws to protect our citizens.” https://lnkd.in/gaeJnH7R

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As promised, today the Chamber of Commerce filed a complaint against the Federal Trade Commission and its Chair, Lina Khan, in the U.S. District Court for the Eastern District of Texas. The plaintiffs are challenging the FTC’s new rule that would prohibit the use of noncompete agreements, arguing that the agency lacks the statutory authority to issue such a regulation and that its decision-making process was flawed. The complaint alleges that the FTC’s ban on noncompete agreements exceeds the agency’s authority under the Federal Trade Commission Act. Specifically, the plaintiffs argue that Section 6(g) of the FTC Act, which the FTC cites as its rulemaking authority, only allows the agency to make procedural rules related to its investigative functions, not substantive rules that declare business practices unlawful. Unsurprisingly, the complaint also asserts that even if Section 6(g) did grant substantive rulemaking authority, the FTC’s noncompete ban would violate the Supreme Court’s recently minted major-questions doctrine, as Congress has not clearly authorized the agency to regulate a practice with such vast economic and political significance. Furthermore, the plaintiffs contend that even if the FTC had rulemaking authority, its ban on noncompete agreements is contrary to Section 5 of the FTC Act, which prohibits “unfair methods of competition.” The complaint argues that the FTC’s rule departs from decades of precedent requiring the agency to demonstrate actual anticompetitive effects and consider procompetitive justifications before condemning a business practice. If Section 5 were read to grant the FTC such broad authority, the plaintiffs argue, it would constitute an unconstitutional delegation of legislative power. In addition to these statutory arguments, the complaint alleges that the FTC’s rule is impermissibly retroactive, as it would invalidate millions of existing noncompete agreements without clear congressional authorization. The plaintiffs also argue that the FTC’s decision-making process was arbitrary and capricious under the Administrative Procedure Act, as the agency failed to provide a reasoned explanation for its categorical ban, disregarded evidence of noncompete agreements’ benefits, and did not meaningfully consider less burdensome alternatives. The business groups are seeking declaratory and injunctive relief from the court, asking it to hold the FTC’s noncompete rule unlawful, set it aside, and permanently enjoin the agency from enforcing it against the plaintiffs’ members. Given the court in which it was filed, brace yourselves for an injunction preventing this rule from going into effect—an injunction that would likely be affirmed by the Fifth Circuit and allowed to remain in effect by the Supreme Court while the case is litigated. It will eventually land at the feet of SCOTUS. The rule’s prospects for surviving application of the major-questions doctrine by the Court as currently constituted are slim.

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Crown®, LLP Partner Elizabeth J. Rest is published on Law.com for her article on Squishmallows vs. Skoosherz. Don't miss the cutest trademark dispute ever! #crownllp #advisingcreativity #trademarklaw #legalnews #squishmallows #skoosherz #sosquishy #IPLawyers

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Crisis planning is not everyone’s idea of a good time, but an ounce of prevention is worth it when you are faced with a crisis. Stephanie Byrd, April Arias, and I gave some tips to the group at UT Law CLE's 46th Annual Corporate Counsel Institute on Thursday. Here are 🔟 things to think about as you prepare for a possible crisis: 1️⃣ Where is your organization vulnerable? Talk to employees, managers, and executives to learn what keeps them up at night. Then, plan what to do if those events happen. 2️⃣ Who are your stakeholders? Who will be looking for a response from your company? It will depend on the crisis, but don’t forget employees, customers, vendors, investors, as well as stockholders. 3️⃣ Select your crisis team. Again, some members will depend on the type of crisis, like data breach, product recall, or sexual harassment claim. Who are your outside experts? Are your conversations protected by attorney-client privilege? 4️⃣ Choose the right spokesperson. This person should have media training, be comfortable accepting criticism, express compassion, and stay calm under questioning. It does not need to be the CEO. 5️⃣ Train all employees from day one of their employment on what to do if they are approached by the media, or if there is a crisis. Then remind them regularly. When a crisis hits, they will know where to turn. 6️⃣ Prepare skeleton statements that you can adapt to your current situation and issue quickly. Silence is not a good option, and neither is no comment. Better to say that your company values safety [or data security] and you will provide updates on your web site when you have more information. Then follow through. 7️⃣ Talk to your public facing employees about what to say and do if the media approaches them. These are receptionists, security guards, and others who greet the public. Help them with a statement if that makes them more comfortable and avoid an incident with a camera. 8️⃣ Flow communications through one channel. Don’t forget your web and social media teams: everyone should be going to the crisis team as the information source. You don’t want scheduled posts going up that distract from your consistent messaging. 9️⃣ Paying attention to social media allows you to monitor and respond in real time to feedback and correct errors. Social media is a go-to source for many journalists and the public, so it’s a good place to communicate with many of your stakeholders. 🔟After the crisis is over, do an evaluation. What went well? What did not go well? Where could improvements be made? Adjust your plan to make improvements, and give credit to those who did well. Want to work on a crisis plan or talk about California’s new law requiring employers to have a workplace violence prevention plan by July 1, 2024? Email me at jtrulock@bradley.com. 

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BREAKING NEWS: Latest status report on copyright lawsuits v AI companies. 📰 4 new lawsuits = 24 total lawsuits May 8 hybrid hearing on MTD in Andersen v Stability AI: you can attend via Zoom 🏎️ Link in article below 👇🏽 Judge Tigar cancels hearing on MTD in Doe 1 v Microsoft. Who does that favor?

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Happy National Paralegals Day! Swing by to say hello to Alex Lubarsky, who will present at the San Francisco Paralegal Association at 11:00 am today. Alex's session is titled "From Data to Discovery: Mastering eDiscovery Fundamentals." Remember to drop a business card in the bowl to win a gift card. We’re excited to share a few key points from our upcoming eDiscovery presentation. Here’s what you need to know: 1. Know the EDRM: Understanding the steps in the Electronic Discovery Reference Model is important. This helps us manage and protect electronic data effectively during the discovery process. 2. Be Competent: Get familiar with both the technical and legal aspects of eDiscovery. This includes knowing how to handle metadata, native formats, and ensuring we follow legal rules about data preservation and confidentiality. 3. Use Technology: Embrace advanced tools like predictive coding and AI. These technologies make reviewing documents and finding the important information we need easier and faster. We want to thank all the paralegals out there. Today, like every day, you get to wear your #superhero cape! The legal field is what it is with you! #SFPA #paralegals #eDiscovery #litigation #artificialintelligence #lawyers #legalfield Brent Gustafson Tim Morenc CEDS Donna M. Sarah Thompson, CEDS Amy McGuigan, ACP, CEDS, CAS #legaltech BlueStar

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