eSupplement to the 35th Annual Conference on State and Federal Appeals

Session 1: Texas Privacy Law Update -  This update provides insight into enforcement priorities of the Office of the Texas Attorney General’s new Data Privacy and Enforcement Division for recently effective data privacy and data broker laws. Hear an in-depth discussion on the practical and risk ranked steps to take for compliance with these new laws both from a regulatory standpoint and an in-house standpoint.

Session 2:  Taking Stock After Purdue Pharma -  Discuss the state of third-party releases, channel injunctions, exculpations, and other issues in light of the Supreme Court’s ruling in Purdue Pharma.

Session 3: Anti-SLAPP Case Study: Dealing with Defamation, Business Disparagement, and Social Media  - Using a recent case, explore the business disparagement claims asserted against a prosthodontist and his dental practice, and the subsequent dismissal of these claims with a Chapter 27 Anti-SLAPP Motion to Dismiss. Stemming from a series of Instagram live videos, Kenneth Wilstead a/k/a “Dr. Kenny Smiles” sued Dr. Ortiz for business disparagement and invasion of privacy.  However, using publicly available information, Wilstead’s claims were rebutted by informing the court of a likely and entirely unrelated basis for why Wilstead’s business had declined: his character and practices had been called into question by certain of his current and prospective female patients.

Session 4: When Lawyers Make the News: It’s Not About You. It’s About Your Client. - With the guidance provided by the Texas Rules of Professional Conduct, the Texas Lawyer’s Creed, and existing ethics opinions, this presentation focuses on ethical considerations lawyers often face when handling cases that make the news and will offer practical guidance on avoiding common pitfalls that arise when your case makes the spotlight. Consider lessons learned from stories and examples of lawyers who themselves made headlines and faced legal trouble for ethical lapses in the scope of client representation.

Includes: Video Audio Paper Slides