Winter 2023 News: Schiffer Hicks Johnson

NEWS IN FOCUS

Winter 2023

A Look Ahead

We're happy to report that 2022 was a banner year, with significant growth for the firm and outstanding results for our clients. This year, our growth trajectory is poised to continue with the addition of top-tier talent and stronger ties to the local community. The firm's 2023 summer associate class is our largest ever, with students from Duke University, University of Virginia, Washington University of St. Louis, and the University of Chicago, as well as the return of a 2022 diversity fellow. We also plan to launch a full suite of pro bono partnerships with Texas organizations, including a clinic focused on children's disability rights.

Insights

Landmark Ruling on Oversight Liability Creates New Risks for Corporate Officers

Last month, in In re McDonald's Corp. Stockholder Derivative Litig., the Delaware Court of Chancery held, for the first time, that the duty of oversight articulated by 1996’s In re Caremark Int'l applies to officers as well as directors. Senior counsel Brandon Winchester and associate Adam Greiner outline the implications of the decision as well as next steps for organizations seeking to mitigate risk.

A World Without Non-Competes? What the FTC's Proposed Ban Means for In-House Counsel

The non-compete—a clause that binds approximately one-fifth of all American workers—may soon be a thing of the past. New guidance from the FTC threatens to abolish the use of non-compete clauses in all but the most limited of circumstances, upending a long-established protection used by countless corporations nationwide. Partner Varant Yegparian and associate Adam Greiner explain the implications of the FTC’s proposed rule and, should it be implemented, offer a path forward for in-house legal departments seeking to minimize damage to their businesses.

Appellate Courts Provide Guidance on Jurisdiction for Climate Change Lawsuits

In February 2022, 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. Since then, multiple courts have provided further guidance as to where energy companies should anticipate litigating climate change lawsuits. Senior counsel Brandon Winchester offers an overview of this shifting landscape.

News

Marc Tabolsky Argues Before Texas Supreme Court

Per the basic rules of arithmetic, “one-half of one-eighth” equals one-sixteenth. Under Texas oil and gas law, however, the answer isn’t so clear. In October 2022, partner Marc Tabolsky argued the point before the Texas Supreme Court on behalf of approximately 30 property owners in a $50 million mineral rights case, which stands to potentially affect billions of dollars under other old Texas land titles.

Adam Dinnell Hosts Event Series for DOJ Alumni

Partner Adam Dinnell, former senior trial counsel in the Department’s Environmental Tort Litigation Section, will be hosting a quarterly happy hour for all DOJ alumni (both in-house and private practitioners) in the greater Houston area. The kickoff event will take place on February 28.

RSVP now

SHJ Featured at Texas Energy Law Conference

This year, SHJ will serve as a host sponsor of the Deans of Oil and Gas Practice Lecture and Luncheon on February 17 at IEL’s 74th Annual Energy Law Conference in Houston.

People

Meet Our New First-Year Class

Last fall, SHJ welcomed three new first-year associates to the team: Jessica Goodman, Adam Greiner, and Kelly Swanson. We asked them to tell us about their backgrounds, goals, and experiences with the firm so far.

Reflections From a Former Project Assistant

Chase Hinman served as a project assistant from May 2021 to July 2022 after graduating from Rice University. Now a 1L at Yale Law School, Chase checked back in with us to discuss his time at SHJ and where he plans to go next.