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  • Our Advertisers
  • articles
    • OLD SKOOL D2D
    • SPRING HOME IMPROVEMENT.
    • CHECK OUT TEXAS ANIMALS
    • community pictures >
      • Community Pictures
    • Clay Burton
    • we buy used cars
  • Dining/Entertainment
  • CHURCH & EVENT LISTINGS
    • The Good News
    • #communityheros
  • Archived Issues
    • HURRICANE GUIDE 2022 >
      • MERRY CHRISTMAS 2022
    • SPRING HOME IMPROVEMENT 2022
    • Community Pictures
    • Spotlight on the women of Galveston County
    • FOOD/DRINK&ENTERTAINMENT GUIDE
    • Randy's Wrap-Up
    • DISCOVER TEXAS
    • That They May See.. Erin Ahnfeldt
    • Restaurant AF
    • WE LOVE HITCHCOCK
    • 2020 HURRICANE & INFO PAGE
    • HURRICANE 2020
    • VIDEOS
    • live local music
    • THANKSGIVING 2022
    • Holiday Traditions
    • FALL HOME IMPROVEMENT GUIDE 2021 >
      • Andrew
      • pirates
    • HALLOWEEN 2022
    • 2021 HURRICANE GUIDE
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Shine on La Marque!!

3/28/2023

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1130 1st. Street, La Marque, TX, United States, Texas
(409) 938-9255
buildlamarque.com
​
In La Marque, Texas, development is coming from all directions and La Marque EDC is ready to roll out

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La Marque Economic Development Corporation is feeling excited.
  · 
Oh, Oh, Oh, O'Reilly Auto Parts is now open at 1007 FM 1764 in La Marque!
O’Reilly Auto Parts has thousands of stores all over the United States where you can find the right parts, tools, and supplies for your vehicle.
They are also hiring!
Just go to
​www.oreillyauto.com/careers

409-440-7422
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La Marque Economic Development Corporation The La Marque Economic Development Corporation is proud to announce we have received the Economic Excellence Recognition Award for the 6th year in a row!
​The Economic Excellence Recognition program provides recognition to economic development organizations that meet a desired threshold of professionalism.
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Event by SCORE Mentors and U.S. Small Business Administration

The 2023 National Small Business Week Virtual Summit will take place from
May 2-3.

This year’s summit will feature educational workshops presented by event cosponsors, access to federal resources, and networking opportunities.
A detailed agenda and list of cosponsor speakers will be published at a later date. Attendance is free of charge, but registration is required.

Register here:
https://vevents.virtualtradeshowhosting.com/.../register...
Learn more:
​ https://www.sba.gov/nsbw 
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La Marque Economic Development Corporation
​
Market on 3 and Big Phil's Smokehouse presents our Community Easter Egg Hunt Saturday, April 8, 2023, beginning at 12pm!!
KIDS ZONE and Pictures with Easter Bunny for the Kids!!
FREE COMMUNITY!!!
​Vendors and Food Trucks will be on-site!!!
​Laser E Bikes
Located in La Marque Texas we are the first and only SOUL FAST E-Bikes dealer in Texas!
1727 Gulf Freeway, La Marque, TX, United States, Texas
(409) 933-3474
Check out our new 2023 SOUL Low's.  
FUN size BIG ATTITUDE.  
750W 14AH lithium battery. 
🏁🏁🏁🏁🏁🏁🏁🏁🏁🏁🏁🏁🏁🏁🏁🏁🏁🏁🏁🏁
#electricbike #emountainbike #ebikes #bikelife #emtb #ebikestyle #bicycle #ebikelife #electricbikes #electricbicycle #ebiketour #electricbike #ebike #electricbike #ebikes #bike #bikelife #cycling #adventure #electricbicycle #electricbicycles #goelectric #beachcruiser #efatbike #efatbikes #bafang
Laser Marine is a family-owned and operated company located in La Marque, Texas.
With our 30 years of experience and Yamaha Master Technicians on site, we are proud to be a Yamaha Servicing Dealer for Galveston and surrounding areas.
Our goal is to get you back out on the water as quickly as possible and keep you there.
We offer the best outboard engine service in Galveston County! 
1727 Gulf Fwy La Marque, TX 77568
http://www.lasermarine.com/
1 409-933-3474
Kenny Bleakney
#KindnessInDeed
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Amazing shot from My Galveston: Adventures of a Local Tourist

3/28/2023

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Amazing shot from My Galveston: Adventures of a Local Tourist 
Check out there photo to the album: Island Birds.

  · 
Did some quick bird watching after work. Look at this beauty on 8 Mile Rd! It’s a Crested Caracara (Mexican Eagle).
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BASIC DESCRIPTION

The Crested Caracara looks like a hawk with its sharp beak and talons, behaves like a vulture, and is technically a large tropical black-and-white falcon. It is instantly recognizable standing tall on long yellow-orange legs with a sharp black cap set against a white neck and yellow-orange face. The Crested Caracara is a bird of open country and reaches only a few states in the southern U.S. It flies low on flat wings, and routinely walks on the ground.
More ID Info


Year-round
Breeding
Migration
Nonbreeding
Range map provided by Birds of the World
Explore MapsFind This Bird

Crested Caracaras are not shy or reclusive and are generally easy to spot in the open landscapes they inhabit. They frequently perch on the tallest tree or structure around and fly low over the ground with their wings held flat (a great way to distinguish them from nearby vultures). Looking atop tall and isolated trees is one good way to find a Crested Caracara, but another good way is to look for vultures foraging on a carcass. There you will often find a caracara joining the feast. Although Crested Caracaras are in the falcon family, they regularly walk on the ground, so don't forget to scan the ground for them.


OTHER NAMES
  • Caracara Carancho (Spanish)
  • Caracara huppé (French)
  • Cool Facts
    • A common subject of folklore and legends throughout Central and South America, the Crested Caracara is sometimes called the "Mexican eagle."
    • Although it looks like a long-legged hawk the Crested Caracara is actually a falcon.
    • The Crested Caracara is the only falcon that collects material to build a nest. Other falcons lay their eggs in an old nest built by another species or in a scrape on the ground.
    • The oldest recorded Crested Caracara was at least 21 years, 9 months old when it was identified by its band in 2015 in Florida. It was originally banded in the same state in 1994.
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5 Tax-Efficient Strategies to Include in a Holistic Financial Plan

3/27/2023

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​(State Point) As consumers focus on filing taxes and spending returns, a new study reveals a need for increased awareness around tax-efficient financial strategies. Lincoln Financial Group’s Consumer Sentiment Tracker reports that only 2% of Americans can correctly identify financial solutions with tax advantages, despite one in three saying they prioritize investments that would help them pay less in taxes either now or in the future.

“Lincoln’s research shows consumers are under-educated about tax strategy and tax-efficient investments, revealing a disconnect between aspirations and actions,” said David Berkowitz, president, Lincoln Financial Network, the wealth management arm of Lincoln Financial Group, which provides advice and guidance through its network of independent financial professionals. “Consulting a financial professional and learning more about products and solutions can grow one’s confidence in their financial decisions.”

While not intended to be legal or tax advice, Lincoln Financial Group recommends considering the following five tax-efficient strategies as part of a holistic financial plan:

1. Contribute to a workplace retirement account. Pretax contributions to an employer-sponsored retirement savings plan will reduce total taxable income and allow savings to grow tax deferred. A good rule of thumb is to save at least 10% to 15% of your pay, but if that feels out of reach, start wherever possible and increase contributions a little each year to see big changes in total savings over time. Remember to save up to the employer match, if one is offered.

2. Explore the value of lifetime income. At a time when people are living longer and face greater risks to their savings, an annuity can provide protected guaranteed monthly income that can last a lifetime. Taxes on the gains aren’t paid until the money is withdrawn, so interest can be earned on the money that would have otherwise been paid in taxes. Being in a lower tax bracket during retirement means potentially paying less in taxes overall on the same amount of money. A financial professional can help determine which type of annuity might best fit your specific needs.

3. Prepare for unexpected long-term care costs. The greatest changes to income and lifestyle may result from an unexpected long-term health care event. Different solutions can help provide a cushion, and many of these benefits are income tax-free. Understanding the various policies is the first step in helping ensure you’ll receive needed care without passing a financial burden on to family or loved ones.

4. Diversify a portfolio with life insurance. Adding cash value life insurance to a larger financial plan can help protect savings and provide an income tax-free death benefit for your beneficiaries, as well as tax-deferred growth opportunities. It can also offer advantages that help meet goals at every stage of life, including funding a child’s education costs; strengthening retirement savings; creating additional cash flow; and protecting wealth for future generations. Keep in mind that if loans or withdrawals are taken from the policy, it will reduce the value of the death benefit and other payouts, as well as have potential tax consequences.

5. Work with a financial professional. According to Lincoln’s study, just 1 in 5 U.S. adults feels very confident about making financial decisions to minimize exposure to taxes, yet 47% say they are more concerned about the impact of taxes on their retirement savings due to the current market. A financial professional can help tailor a holistic plan to your needs, as well as provide education about various insurance and retirement solutions.

“Ongoing challenges like market volatility, inflation and changing tax laws have the potential to hit wallets hard,” said Berkowitz. “That’s why tax-efficient investing is an important aspect of financial planning that can help you build wealth and achieve your financial goals.”

*****



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PHOTO SOURCE: (c) PeopleImages / iStock via Getty Images Plus
PHOTO CAPTION: 
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Ken's Towing & Collision Center
family-owned and operated for 17 years serving all of Galveston County. 
We are ready to provide service 24/7.
 Se Habla Espanol.
http://www.akenstowing.com
(409) 762--2700
#galvestoncounty #smallbusiness 
#tacos #shoplocal #eatlocal #community
#friends #mycuprunnethover #blessed #getoutandvote  
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Dickinson proud~~~

3/27/2023

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Dickinson Independent School District  ·
After months of preparation and countless hours of rehearsal, the Dickinson Winterguard is excited to have earned first place at the last two Texas Educational Colorguard Association contests at Seguin and Jourdanton in A class. 
This means that the Dickinson Winterguard will advance to the State level of competition on Saturday, April 1 at Harlan High School. 
If you can show support in San Antonio, the Winterguard would love to hear your applause when they perform at 8:45pm! 
If travel is not an option, please come support these incredible students at 5:30 p.m. Thursday, March 30 at Dickinson High School for their state send off show. This performance will be full uniform, full color, and a spectacle for the eyes as we present the 2023 winterguard production.....
​"Always Be My Baby."
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​Dickinson Historical Society  ·
Many thanks Doug Hiser for sharing your creativity and creations at Thursday’s Social.
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Dickinson Independent School DistrictAttention realtors, builders, and sales agents! Come discover Dickinson ISD! Join us for a FREE Lunch & Learn event hosted at the Dickinson ISD Education Support Center tomorrow from 11 a.m. - 1 p.m.
We are a growing district with many opportunities for students. Get lots of great information to share with potential home buyers about our schools, achievements, STEAM Academy, CTE programs, fine arts, athletics, and more. Enjoy lunch while getting your questions answered and take home handouts to share with families considering moving to DISD.
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On The Way A/C, Plumbing, & Electrical
​www.onthewaypros.com/
Ronnie Bedard
We proudly serve our community with top-quality plumbing, electrical, and HVAC services in Santa Fe, TX. 
With the experienced team at On The Way handling your needs, you can sit back and relax knowing that all your repairs will be done quickly and efficiently. 
We pride ourselves on a high standard of excellence, over 20 years of experience, and a long list of happy customers.
 Our repairs and services keep the Santa Fe and Galveston County communities comfortable and safe daily. 
Schedule service with us today!
https://www.onthewaypros.com/
onthewaypros@yahoo.com
(409) 945-7202
#memes.#socialmedia.#like.#photooftheday.
#facebookmarketing.#trending #KindnessInDeed
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Thank you so much to Primary Arms, LLC for their donation of goody bags to our Officers!

3/27/2023

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​Santa Fe Police Department, Texas
Thank you so much to Primary Arms, LLC for their donation of goody bags to our Officers!
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​ABOUT PRIMARY ARMS
3219 South Sam Houston Parkway East, Houston, TX
(713) 344-9600
info@primaryarms.com



Our mission at Primary Arms is to provide the world with the best shopping experience possible by offering quality products, the right assortment of merchandise, and world class customer service, all at affordable prices.
We were founded based on a simple idea that has become the cornerstone of our business: To provide firearms enthusiasts, professional shooters, and servicemen and women the highest quality optics at affordable prices.
That one goal has grown over time to include a broader selection of products, the best customer service you can find in the industry, knowledgeable staff ready to field questions, and great value for our customers’ dollars.
Every day we strive to find new ways to improve our product selection, the optics we sell, and the way we help everyone find the right firearm and accessories for their needs.
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Special Olympics of Texas Regional Basketball Tournament

3/27/2023

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​Pearland Police Department
The Pearland Police Department is rooting for all teams competing today in the Special Olympics of Texas Regional Basketball Tournament here in Pearland. Officer Rogers and Cadet Benfer got to spend some time with  one of the Pearland Teams before their morning game.
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Reliable Roofing 
Are you needing a Reliable Roofer? 
Contact Richie Allen 
www.reliableroofingandsheetmetal.com
(832) 535-7325
FREE ESTIMATES!!!
#galvestoncounty #smallbusiness 
#tacos #shoplocal #roofinglocal #community #roofers
#reliableroofing#memes.#socialmedia.#like#friends #mycuprunnethover #blessed  #KindnessInDeed.#photooftheday.
#facebookmarketing.#trending #richieallen #supportlocal
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Mayor Kevin Cole presented a Pearland Fire Department crew with his "WHY" in Action challenge coins.

3/27/2023

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Pearland Fire Chief J. Taylor
Recently, Mayor Kevin Cole presented a Pearland Fire Department crew with his "WHY" in Action challenge coins. 
Trust, Respect, Ownership, Integrity, Teamwork, and Innovation are the hallmark values that the City of Pearland - Government are built upon. 
​These firefighters hit several of these marks recently when they went above and beyond to secure an elderly patient's door after transporting her to the hospital ER.  
We appreciate the Mayor for taking the initiative to share this type of recognition across all CoP departments. 
Congratulations to these firefighters in only being a reflection of the outstanding service all of our PFD personnel, including FMO, Code Enforcement, Logistics, and Community Outreach, provide on a daily basis, 24/7/365:
312: Training Division Chief Shane Bridges (not pictured)
PFD Ladder 1 Crew:
Lt. Kristen Lemmons
D/O Zachary Grady
FF Richard Christensen
FF Tim Smith
PFD Medic Crew: 
FF Jeff Bradley
FF Wilhem Guzman

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​KEVIN'S PEAR PLAN
Kevin developed his PEAR Plan to help move Pearland forward in keeping with the city's economic development, crime and safety issues, infrastructure, and managing the city’s budget and resources.
PROTECTION
One of the key responsibilities of local government is to PROVIDE PROTECTION for its citizens. As Mayor, Kevin will take this responsibility seriously.
POLICE PROTECTION is vitally important to Pearland and Kevin will focus on the City’s efforts to keep a low crime rate.
FIRE PROTECTION is key in keeping both property safe and threats to life at a minimum. The City has been upgrading staffing and facilities to make sure the City has proper coverage for both fire and EMS calls.
Maintaining and increasing PROPERTY VALUES is important to both the City and to property owners.
FLOOD/DRAINAGE: Certain areas of the City continue to suffer from repetitive losses during large flooding events. Kevin understands drainage and the importance it plays. He will dedicate continuing efforts to resolve these long-standing issues.
On the far west end of Pearland, the BLUERIDGE LANDFILL COMPLIANCE ISSUES are also a drag on property values for homeowners. These issues should be important to Pearland as a whole because of the loss of property value in that area. The rest of the City has to make up the difference.
ECONOMIC DEVELOPMENT
Homeowners pay the bulk of property taxes in Pearland, so it is important that we EXPAND PEARLAND'S TAX BASE by attracting clean industry and high-paying jobs. It is also important for us to DIVERSIFY PEARLAND'S TAX BASE so as not to be too heavily weighted in any particular industry. (Oil and gas is an example).
Pearland has existing businesses that contribute a great amount to the overall community. We need to RETAIN AND EXPAND PEARLAND'S EXISTING BUSINESSES.
One of the biggest keys to attracting or retaining companies is making sure they have an available and skilled workforce. WORKFORCE DEVELOPMENT IS CRUCIAL. Kevin has experience through the Northern Brazoria County Education Alliance to help with this effort. Partnering with the ISDs, Community Colleges, and UHCL Pearland Campus will be important in making our workforce the best in the area.
Kevin has always been a believer in a MARKET-BASED APPROACH when it comes to growth and development. There are certain areas of the City that have not experienced economic development and the zoning needs to be looked at through the eyes of the market.
Small business is the backbone of the Pearland economy. Kevin will focus on making sure rules, regulations, and permitting are done in an efficient manner to FOSTER THE GROWTH OF SMALL businesses.
ACCESSIBILITY (MOBILITY AND TRAFFIC)
Kevin will focus on transportation needs in the city. This will include an emphasis on both SAFE AND RELIABLE TRAFFIC FLOW throughout the city which is key to our growth and quality of life.
Kevin will advance innovative ways to improve the traffic signal technology so we can MANAGE TRAFFIC FLOW MORE EFFICIENTLY.
As Mayor, Kevin will work with city staff and elected officials to IMPROVE THE TRAVEL TIME RELIABILITY of our corridors. Our travel in Pearland should not vary from day to day. Under Kevin’s leadership, our transportation system will be dependable.
Kevin will work closely with the Transportation Policy Council to leverage regional dollars to help us with local project funding. He knows H-GAC, and how they operate and will lead the city into the future to ADDRESS OUR NEEDS FOR GROWTH AND MOBILITY.
Kevin will lead Pearland as we update the city's Major Thoroughfare Plan which will be our ROADMAP FOR THE FUTURE OF SMART CITY GROWTH AND PROSPERITY.
RESOURCE MANAGEMENT
Kevin believes both that the City's TAX RATE IS TOO HIGH and that its DEBT BURDEN IS TOO HIGH, and that both are huge concerns for the city.
Kevin will lead Council to direct staff to get SPENDING ACCOUNTABILITY OF EVERY LINE ITEM IN THE BUDGET.
Kevin led a similar effort when serving on Council in 2007/2008. As a result, they REDUCED SPENDING by $600,000 by asking two questions:
Is the line item still meeting its intended purpose?
Is the intended purpose still needed?
Kevin will ensure that the same effort is applied to future budgets.
Kevin will use his City Council and professional experience in challenging staff to KEEP THE 2019 VOTER-APPROVED BOND PROJECT SPENDING TO A MINIMUM.
Paid Political Ad by Kevin Cole Campaign, Melynda Steed, Treasurer
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Great job Girls!! Give it up to our Division winners!

3/27/2023

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Santa Fe Girls Softball League

What a weekend!
Thank you to all the teams that came out and played.
Y'all all played amazing!
I hope you had as much fun playing as we did watching y'all play!!!!
​ Give it up to our Division winners!

14U
1st - Danbury Panthers
2nd - Fire
3rd -Texas City Fight
12U
1st - South Houston Tigers
2nd - Santa Fe Legends
3rd - Santa Fe Smokin Aces
10U
1st - Santa Fe Warriors
2nd - Deepwater Thunder
3rd - Santa Fe Venom
8U
1st - Sienna Bombers
2nd - Galveston Piranhas
3rd - Santa Fe Storm
Congratulations to ALL the teams!
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27th Annual Keels & Wheels Concours D’Eleganceat Lakewood Yacht ClubWe look forward to your visit, whether you are an Entrant, a Sponsor or just enjoying the show, we welcome you!  The show is Saturday, May 6, 2023 and Sunday, May 7, 2023 at the Lakewood Yacht Club with the City of Seabrook as our Event Partner & Host City.  Please review our site for all of the information to attend, to become a sponsor, to enter your automobile or boat and more.  Please contact us with any questions.
“Racing Thru Time, Man’s Need For Speed”
We are inviting Vintage and Contemporary Race cars from LeMans, Indy, Formula 1 cars to Nascar and others, as well as Racing boats of all types, to join us. We will also be honoring 100 years of MG cars and 70 years of Corvette. Also invited are American and European Pre-War and Post-War Classics.
SPONSOR RELATIONS

Chris Ann Conn
Phone: (713) 252-9525
Chris@keels-wheels.com
Brenda Cheney
Phone: (713) 416-3294
Brenda@keels-wheels.com
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The Importance of ESG Considerations in Mergers and Acquisitionsis

3/26/2023

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ESG is a phenomenon in the business world that is here to stay. It is a broad, amorphous concept that encompasses many areas of concern, and, like it or not, it has become a critical part of corporate counsel’s role in advising clients.
One area of particular concern is the role of ESG in mergers and acquisitions – how do you ensure that you are growing your company and not buying into a series of lawsuits and a reputational nightmare?
Although ESG is an impossibly broad topic to cover, below we will provide an overview of why it is an unavoidable consideration in mergers and acquisitions, including:
  • What ESG means,
  • Why ESG matters in mergers and acquisitions, and
  • How to minimize the risk of ESG-related lawsuits

What is “ESG?”“ESG” is a relatively new term that has no agreed-upon definition. The letters stand for “environmental, social, and governance.”
Environmental concerns encompassed by ESG could include:
  • Compliance with environmental laws and regulations,
  • Concerns with impacts on climate change,
  • Corporate sustainability,
  • Environmental justice, and
  • Other issues that are typically articulated by environmental advocacy groups.
Social concerns encompassed by ESG could include:
  • The company’s interactions with people – employees, customers, community, and disadvantaged groups,
  • Safety in the workplace,
  • Fair compensation to employees,
  • Diversity, equity, and inclusion (DEI),
  • Anti-slavery,
  • Relationships with indigenous peoples,
  • Corporate positions on social issues like Black Live Matter, transgender issues, abortion, or the Boycott, Divestment, and Sanctions (BDS) movement against Israeli policies, and
  • Other social issues relating to the public’s expectations that companies proactively support social issues even when they are unrelated to the company’s commercial purpose.
Governance concerns encompassed by ESG could include the company’s:
  • Policies and procedures,
  • Decision-making processes,
  • Board, executive, and management composition,
  • Risk management,
  • Executive compensation, and
  • Other aspects of the company’s internal operations.
Why Does ESG Matter in Mergers and Acquisitions?
Although ESG concerns were previously viewed mostly as reputational – complaints by advocacy groups or others were handled as a public relations problem, it has increasingly become a legal problem.
For example, the government has become increasingly involved in legislating and regulating ESG compliance, creating a regulatory minefield for uninformed corporations, and complaints by the public and advocacy groups have evolved from bad press or protests to increasingly creative legal actions filed against corporations, often based on the accuracy of their ESG disclosures.
Reputational Risk
Shareholders and investors care about ESG issues more than ever, and a failure to address ESG concerns can and does result in a negative reputational impact on companies.
Buyers of corporate interests should investigate and consider any ESG concerns connected to the potential transaction, including 1) how to mitigate any reputational issues that may arise from the target company’s prior ESG policies, 2) ensuring that the target has appropriate policies in place, and 3) ensuring that the target company is making appropriate ESG disclosures that are in line with your core corporate values.
Fiduciary Duties
Directors have a fiduciary duty to act in the best interests of their shareholders and must consider the impact of ESG policies and disclosures on the business’s continued commercial viability and shareholder value.
Financial LossesESG concerns pose a very real risk to shareholders that includes access to capital – lenders are increasingly demanding that businesses make ESG a priority and are taking ESG ratings and companies’ ESG policies into consideration when deciding whether to finance companies and the terms of financing.
Reputational impacts from bad press can also impact potential investments as investors increasingly look to companies’ ESG policies and reputation when deciding where to invest, and ESG-related lawsuits can have a lasting impact on a company’s reputation as well as its financial stability.
Regulatory ComplianceGovernments across the globe are increasingly regulating ESG-related issues and company disclosures. For example, the Securities and Exchange Commission (SEC) is moving to require climate-related disclosures in registration statements and periodic reports, and the Canadian Securities Administrators (CSA) has published guidance for investment funds related to companies’ ESG-related disclosures.
Due Diligence and Avoiding ESG-Related LawsuitsBuyers must consider ESG concerns as part of their due diligence if they want to minimize regulatory actions, shareholder lawsuits, and lawsuits by third parties including environmental advocacy groups.
Depending on the nature of the businesses and the jurisdictions in which they will be operating, buyers should conduct ESG investigations as part of their due diligence in any merger or acquisition, which may include examination of:
  • Corporate sustainability strategies and long-term value of the target,
  • ESG-related risks of the target’s assets,
  • Media searches to identify any ESG-related risks,
  • Any alleged human rights violations, corporate corruption, environmental violations, privacy breaches, allegations of harassment or other workplace misconduct, workplace diversity including gender equity, or other ESG-related issues that may become a target for regulatory agencies or advocacy groups,
  • Greenhouse gas emissions and other climate-related issues,
  • Community involvement,
  • The target’s ESG ratings,
  • The target’s ESG-related policies and procedures,
  • Any previous non-compliance with regulatory requirements, and
  • Any other ESG-related liabilities or cultural concerns that could 1) be a deal-breaker or 2) require substantial effort and expense to correct.
The key is identifying the ESG risks as part of the due diligence process. Once the liabilities, risks, and potential solutions have been identified, and if the deal is still viable, the buyer can address the issues in the transaction agreement by requiring, as appropriate:
  • Indemnities,
  • Representations and warranties,
  • ESG-related representations and disclosures,
  • Pre-closing covenants requiring reporting and disclosure of new ESG-related concerns as they arise, and
  • Requirements that the target address and resolve specific ESG-related concerns before closing.
Please feel free to contact one of our Murray Lobb attorneys to obtain our legal advice regarding your company’s ESG policies and due diligence in mergers and acquisitions. We also remain available to help you with all your general business, employment, and estate planning needs.

Discover Our Areas of Practice
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Contact

 281-488-0630 |  info@murray-lobb.com
 2200 Space Park Dr, #350 , Houston, TX 77058
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First Amendment Rights, Section 230, and Content Moderation: How Gonzalez v. Google and Twitter v. Taamneh Could Shape the Legal Landscape for Years to Come

3/26/2023

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Do you have a First Amendment right to say what you want, when you want, and where you want?​
If so, does that prevent social media platforms and other online businesses from moderating the content you publish on their platform? If you have a First Amendment right to say what you want, even on a non-government platform, can the platform then be sued for the things you say?
Two cases pending before the U.S. Supreme Court, Gonzalez v. Google and Twitter v. Taamneh, may answer these questions in what promises to be far-reaching decisions that will profoundly affect how social media companies, other online platforms, internet service providers, bloggers, influencers, content creators, and the broader tech industry do business in the future.
It is generally accepted that 1) the First Amendment applies only to government actions, and 2) Section 230 of the Communications Decency Act shields online platforms and internet providers from liability based on content published by users, but 3) online platforms and internet providers have some degree of responsibility for ensuring that they do not provide platforms for harmful activities like recruitment and propaganda by terrorist organizations.
These assumptions could change dramatically based on the US Supreme Court’s opinions in these two cases.
The Cases: Gonzalez v Google and Twitter v TaamnehTwo cases that the US Supreme Court will decide, Gonzalez v. Google and Twitter v. Taamneh, highlight the challenges and potential consequences of content moderation by online platforms, and the Court’s decisions in these cases may have severe consequences for any businesses that are involved in online speech and content moderation.
Gonzalez v Google
In 2017, Prager University (PragerU), a conservative educational organization, filed a lawsuit against Google, alleging that the company’s YouTube platform was discriminating against its content by placing its videos in “restricted mode,” which limited their visibility to users. Although Google is not a governmental organization, PragerU claimed that this was a violation of its First Amendment rights because, according to PragerU, Google was discriminating against its content based on its political viewpoint.
The case was dismissed by a federal district court in 2018, which found that Google’s restriction of PragerU’s content did not violate the First Amendment because Google is a private company and therefore not bound by the Constitution’s free speech protections.
PragerU appealed the decision, and in February 2020, the Ninth Circuit Court of Appeals affirmed the lower court’s ruling, finding that YouTube is a private forum and that its restrictions on content are not subject to First Amendment scrutiny. The court also noted that Google’s decision to restrict PragerU’s content was based on its own content moderation policies and was not motivated by political bias.
Twitter v Taamneh
In Gonzalez v. Google, PragerU is attempting to sue an online forum for allegedly restricting its content. In what has the potential for an impossible catch-22 depending on the Supreme Court’s decisions in these cases, Twitter v. Taamneh involves a US citizen attempting to sue an online forum for not restricting its content….
In 2016, Mohamad Taamneh, a U.S. citizen living in Jordan, filed a lawsuit against Twitter, alleging that the company was liable for the deaths of his family members who were killed in a terrorist attack carried out by ISIS. Taamneh claimed that Twitter had provided material support to ISIS by allowing the terrorist group to use its platform to spread propaganda and recruit new members.
The case was dismissed by a federal district court in 2018, which found that Twitter was immune from liability under Section 230 of the Communications Decency Act, which shields online platforms from liability for content posted by their users.
Taamneh appealed the decision, and in August 2020, the Ninth Circuit Court of Appeals affirmed the lower court’s ruling. The court held that Twitter was not liable for the deaths of Taamneh’s family members because the company did not create the content that led to the attack and was therefore protected by Section 230.
The Potential Impact of Gonzalez v Google and Twitter v TaamnehThese two cases raise significant issues concerning the responsibility of online platforms for the content posted by their users, including freedom of expression, censorship, the importance of free public discourse, and the viability of tech companies and internet-based businesses if they 1) can be sued for moderating their online content, and 2) can also be sued for… not moderating their online content.
What are the potential impacts of these cases?The Court’s decisions in Gonzalez v. Google and Twitter v. Taamneh could have impossibly inconsistent impacts like:
  • Companies leaving harmful content on their sites to avoid liability,
  • A flood of lawsuits based on a company’s self-policing of their online content, which could result in increased costs and decreased innovation,
  • Online platforms having greater latitude to remove content that they deem objectionable,
  • Increased pressure on online platforms to remove content that is deemed objectionable by certain groups or individuals, which could lead to a reduction in free speech and public discourse, and
  • A flood of lawsuits against online platforms by users who feel that their content was removed unfairly, which could result in increased costs and decreased innovation.
Corporate law firms and their clients may need to adapt their practices and strategies to address the legal implications of these cases, particularly if they involve clients who operate in the online platform industry. Additionally, the outcomes of these cases could set legal precedents that could have implications beyond the online platform industry, potentially affecting the legal landscape in other areas.
Impact on State-Law Claims
How will the outcome of these cases impact the interpretation of state law claims for negligence and other torts? If the court expands the scope of state law claims against online platforms, it could potentially lead to an increase in similar claims against other industries, including those that rely on user-generated content like online marketplaces and social media platforms.
Impact on First Amendment Free Speech Rights
Additionally, these cases may have implications for the interpretation of the First Amendment and free speech rights in the context of online platforms. If the court finds that online platforms have a greater responsibility to moderate content than previously thought, it could potentially affect the way that free speech rights are balanced against the interests of online platforms in other contexts, such as in cases involving government regulation of speech on social media platforms.
Impact on International Businesses
The outcome of these cases might also have implications for international law and the ability of online platforms to operate globally. If the court’s decisions are seen as overly restrictive or inconsistent with international norms, it could potentially lead to conflicts with other countries or international organizations, which could further complicate the legal landscape for online platforms and related industries.
Impact on Section 230 Immunity for Online Platforms
If the Court narrows the scope of immunity provided by Section 230 of the Communications Decency Act, which provides immunity for online platforms from liability for third-party content, it could potentially affect the legal landscape for industries that rely on similar immunity protections including web hosts, internet service providers, search engines, and even e-commerce platforms.
If the court narrows the scope of immunity for online platforms under Section 230, it could set a precedent for other types of intermediaries to face increased liability for content posted by users, impacting a wide range of industries and services that rely on user-generated content or third-party content.
Finally, there is the potential for these cases to impact not only the role of private companies in regulating content but also the role of government in regulating online speech and content.
If the court narrows the scope of immunity for online platforms under Section 230, it could potentially lead to increased pressure on governments to regulate online platforms and enforce content moderation rules. This could have implications for free speech, privacy, and other fundamental rights, and could shape the legal landscape for years to come.
Please feel free to contact one of our Murray Lobb attorneys to obtain our advice regarding your business’s potential liability for regulating – or not regulating – online content. We also remain available to help you with all your general corporate, employment, construction law, business, and estate planning needs.

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