ViewPoints – Legal Matters for Business
- 2018
- Jul 6 “Strength in Numbers” Gets Weakened: The Supreme Court Allows Employers to Enforce Individual Arbitration Provisions
- May 24 Oil Is On the Move, and So Are Employees
- Apr 3 Who’s Hearing Your Whistle? SCOTUS Resolves Circuit Split and Narrows Dodd-Frank Definition of “Whistleblower”
- Feb 23 NDAs, Taxes, and #metoo—Can Non-Disclosure Agreements Included in Settlement Agreements Stand in the Wake of the #metoo Movement?
- Feb 9 Houston — A Tale of Two Cities: Through the Looking Glass of Residents and Outside Investors
- Feb 4 The “Buc” stops here: the Fourteenth Court of Appeals explains why compensation re-payment provisions are unreasonable restraints of trade
- Jan 8 Let’s Talk About [the Word] “Sex”: SCOTUS Declines Opportunity to Resolve Circuit Split on Title VII Meaning of “Sex”
- Jan 4 The Effect of Trump’s “Sanctuary City” Ban on Houston Real Estate Development
- 2017
- Nov 10 Current capital market climate creates favorable opportunities for entrepreneurs
- Oct 6 “Conspiracy Theory”: Why two appellate justices asked the Supreme Court of Texas to clarify Texas law on civil conspiracy
- Sep 28 Leaving No Stone Unturned: Closing the Funding Gap for Real Estate Developments
- Sep 22 Keep Austin Weird: Litigation Sticker Shock Sticks for Now
- Sep 13 TCPA Allows Recovery of Attorney’s Fees for Even Partial Case Dismissal
- Aug 23 Change to Regulation D, Rule 504: A Step in the Right Direction to Help Raise Capital for Small Businesses
- Aug 16 Truth is not the Perfect Defense to a Defamation Claim
- Aug 15 Metadata is “the new black,” but it’s often a useless accessory (Part 2)
- Aug 9 Common Misconceptions About Enforcing Non-Competition Agreements in Texas (Part 2)
- Aug 8 Texas Supreme Court applies proportionality standard to determine whether Electronically Stored Information (ESI) must be produced in native or static form (Part 1)
- Aug 2 Common Misconceptions With Non-Compete Agreements in Texas (Part 1)
- Jul 26 Boilerplate provisions in contracts – does anybody really read this stuff? (Part 3)
- Jul 25 Is Wikipedia an authoritative legal source?
- Jul 24 Non-party discovery in Texas: What should you do if you receive a discovery subpoena?
- Jul 20 Do Common Law Marriages Exist for Business? REDUX
- Jul 19 Boilerplate provisions in contracts – does anybody really read this stuff? (Part 2)
- Jul 12 Boilerplate provisions in contracts – does anybody really read this stuff? (Part 1)
- Jul 3 The More Things Change . . . The Department of Labor Withdraws Obama Era Employee Status Protections for Employees
- Jun 6 Despite Texas Uniform Trade Secrets Act, Establish Strong Policies to Protect Information
- Jun 5 Reducing Litigation Costs: Random Sampling as a Cost-saving Lawsuit Discovery Technique
- Jun 1 Arbitration Provisions in Employment Agreements: Don’t Hide the Ball
- May 16 The “Skinny” on Protecting Trademarks
- May 10 Problem employee? Tips to protect your company against discrimination claims. (Part 2)
- May 9 Problem employee? Tips to protect your company against discrimination claims. (Part 1)
- May 5 What to Do When You Receive a Subpoena or Rule 202 Petition: One Defense May be Filing a TCPA Motion to Dismiss
- May 3 Is your Rule 11 Agreement Enforceable? Things to know about Rule 11 agreements in Texas.
- May 1 Gaps in the “Corporate Veil” Create Personal Liability When You Ignore Franchise Taxes
- Apr 19 Look Out: A Lawsuit Against a Terminated Entity May Be Quickly Terminated
- Apr 11 What You Say in an E-mail Can and Will Be Used Against You: The Fifth Circuit Holds Settlement Discussion Conducted By Business Principals Created a Legally Binding Settlement
- Mar 21 Geographic Restrictions in Non-Competition Agreements Necessary?—The Texas Supreme Court takes up this issue in Horizon Health
- Mar 16 With the Texas Citizens Participation Act (the “TCPA”), the Legislature Has the Last Word—The Texas Supreme Court Further Clears the Way for Early Dismissal of Certain Claims Within 90 Days of Filing Using the TCPA
- Mar 6 Forget About the “Best Defense” – Is the Truth a Valid Defense to Tortious Interference Claims in Texas?
- Feb 22 Do Common Law Marriages Exist for Businesses?
- Jan 27 House Bill 744 Seeks To Relieve Litigation Sticker Shock with Fee Recovery Expansion
- Jan 25 Kardashians’ Cosmetic Dispute Has No Foundation for Arbitration
- Jan 18 Failure to Implement Litigation Hold Puts Brakes on VW
- Jan 6 The Ethics of Metadata Mining: Ethics Opinion 665 Raises More Questions than Answers
- 2016
- Dec 20 Mind your Metadata: Ethics Opinion 665 Identifies Basic Competencies in Working with Metadata
- Dec 9 New DOL to Decide Fate of Employee Exemption Status
- Jul 18 Close Only Counts in Horseshoes, Hand Grenades, and Federal Warrants – The Second Circuit Holds the Federal Government Cannot Obtain E-Mails Located Offshore Pursuant to the Stored Communications Act
- Jul 14 Are Non-Competition Agreements for Sale?
- May 25 Choose the Wording of your Arbitration Clause Carefully – The Texas Supreme Court Sheds Light on Proper Grounds for Vacatur of Arbitration Awards
- May 23 Balancing Due Process and Confidential Trade Secrets: The Texas Supreme Court Clarifies the Standard for Corporate Representative Attendance in Judicial Proceedings in Trade Secret Cases
- May 13 The Implications of the Defend Trade Secrets Act of 2016 – Yet Another Route to Pursue a Claim for Trade Secret Misappropriation
- Apr 20 Snapshot 2016: Upshots, Quick Tips, and What to Look for Next
- Feb 20 Apple’s Cybersecurity Lockdown – The Importance of Company Confidential Information and Usage Policies in the World of Apple Products
- Feb 17 Fourteenth Court Clarifies Award of Attorney’s Fees Under Rule 91a
- 2015
- Nov 24 Significant Change to ESI Preservation Under the Federal Rules of Procedure
- Aug 27 Texas Got SLAPPed and the First Court of Appeals Punted — The First Court of Appeals Declines to Review a Dismissal Pursuant to Texas Citizens Participation Act
- Aug 6 The Details Make the Difference on Default Judgments
- Jun 3 Asking for Punishment: Do Defendants Have to Plead a Punitive Damage Cap Limit?
- Apr 30 Protect Yourself: Houston Downturn Means More Litigation
- Apr 20 Social Media is for Cat Videos, Family Photos and…Serving Court Documents?
- Jan 14 Houston Has Familiar Real Estate Outlook, Cautious Optimism
- 2014
- Oct 30 No Non-Compete Needed: How to Reward an Exceptional Employee and Discourage Their Departure for a Competitor
- Aug 11 Be Careful What You Ask For: How a “Right to Reform” Clause in a Non-Compete Agreement Can Come Back to Bite You
- Jul 24 Looking for a Class Action Suit Near You
- Jul 24 Driving employers up the wall: FLSA overtime pay exemptions for FSEs driving trucks
- Jul 7 This is Not an Exit: The Texas Supreme Court Puts the Kibosh on Judicially Mandated Buyouts in Shareholder Oppression Actions
- Mar 3 The Fight Isn’t Over If You Ignore A Settlement’s Confidentiality Clause
- Feb 20 Hands Off My Money — Construction and Oilfield Receivables and the “Lender” Exception to the Trust Fund Statute
- Feb 5 This Selfie will Self-Destruct: “Secured” Messaging in the World of eDiscovery
- Jan 22 Houston’s Holistic Approach to Mixed-Use Development
- Jan 2 New Law to Limit the Liability of Employers Hiring Individuals with Criminal Records
- 2013
- Dec 10 Class Action Waivers in Arbitration Agreements Given New Life
- Nov 27 UPDATE: Implementation of New Hours of Service Rules
- Sep 24 How the Supreme Court’s DOMA Ruling Affects Employers
- Aug 28 Federal Appeals Court Upholds New Hours of Service Rules for Transportation Industry
- Aug 19 Affordable Care Act Delays Play or Pay Penalties
- Aug 13 Can You Keep a Secret? Texas Legislature Says Yes
- May 21 If the Coca-Cola Formula is Not a Secret Anymore, What Is?
- May 16 Texas Adopts the Texas Uniform Trade Secret Act: Here’s what it means
- Apr 30 The Confidential Nature of Workplace Investigations: A Violation of the NLRA?
- Apr 18 New Rules Promise a Speedy Trial for Small Civil Cases
- Apr 10 Don’t Buy More than You Bargained For
- Apr 3 Space City: Houston City Council Approves a New Parking Ordinance
- Mar 28 Series LLCs Revisited
- Mar 13 Texas Supreme Court Rules that City of Houston’s Attempt to Trump the TCEQ Full of Hot Air
- Mar 6 Facebook isn’t Just for Friend Requests: Texas Legislation Would Allow Service of Lawsuits through Social Media
- Feb 22 Court Decision Casts Doubt on Whether Reverse Triangular Mergers May Constitute “Assignment by Operation of Law”
- Feb 20 Are You an Accommodating Recruiter?
- Feb 13 Frivolous Lawsuits Stand Less of a Chance in Texas
- Feb 6 Landstar Owner-Operator Litigation Quietly Ends
- Feb 4 Are You Relying on the Right Kind of Expert for Disability Assessments?
- Jan 31 New HSR Reporting Thresholds for Mergers and Acquisitions
- Jan 18 “Let’s Keep It Between You and Me”: Not So Fast Says the NLRB
- Jan 3 All Hat, No Cattle: Bills Proposing Big Changes for Texas Courts May Start a Discussion, but have Little Chance of Becoming Reality
- 2012
- Nov 15 A Force Majeure Primer – Hurricane Sandy Edition
- Nov 14 Unfriending Employers: New Laws Restrict Access to Employees’ Social Media Accounts
- Oct 18 Things a Lawyer Should Know About the Enforcement of Rule 11 Agreements
- Sep 5 U.S. Third Party Logistics Market Predicted to have Grown by 6.3% in 2012
- Aug 7 Transportation Industry Wins Latest Battle Over Classification of Owner-Operators
- Jul 16 Texas Oil and Gas Well Operators Can Receive Protection from Threatened Liens
- Jul 9 FCPA Update — The Compliance Defense
- Jun 22 Texts, Tweets and Metadata — Effective Preservation Letters for Electronic Evidence Require More Than You Might Think
- Jun 19 Exempt Reporting Advisers Must Monitor Political Contributions
- Jun 7 FCPA Reforms Efforts in Light of the Walmart Mexico Bribery Case
- May 29 Understanding the Litigation Process: Summary Judgments
- May 17 Jury Waivers: An Alternative to Arbitration
- May 13 NLRB Notice — Posting Rule Declared Unconstitutional
- May 9 Houston’s Economic Engine – Driving Forward
- May 3 Recent Trade Agreements Signal the Future of China – Mexico Trade Relations
- May 2 EEOC Provides Guidance to Employers Using Criminal Background Checks
- Apr 30 Fracking Is Likely to Produce Something in Addition to Oil and Gas — Litigation
- Apr 27 Divisional Merger Potential Solution in Asset-Sale Transactions
- Apr 24 Supreme Court of Texas Continues to Expand the Reach of Arbitration Clauses
- Apr 23 A Lesson from Howard Stern: Say What You Mean and Mean What You Say
- Apr 19 Why Were You Absent? Inquiring Minds Want To Know
- Apr 11 Energy Developments in the Arctic Highlight Norway’s Importance to Houston and World
- Apr 11 Energy Developments in the Arctic Highlight Norway’s Importance to Houston and World
- Apr 4 Increased Activity at Port of Houston Reflects Strengthening Economy
- Mar 29 Texas Becomes 34th State to Prohibit Private Transfer Fees on Real Property
- Mar 27 See No Evil, Hear No Evil, See No Evil Louis Vuitton Hits $3.6M Judgment Against Its Landlord for Contributory Trademark Infringement
- Mar 27 Louis Vuitton Hits $3.6M Judgment Against Its Landlord for Contributory Trademark
- Mar 26 Federal Court Endorses Use of Predictive Coding Software in E-Discovery
- Mar 13 EEOC Explains Position on ADA and High School Diplomas
- Mar 8 Department of Transportation Issues Guidance on Texting by Commercial Drivers
- Feb 28 What to Do When the “ICE” Man Cometh: Guidelines for Employers Facing Immigration Audits
- Feb 24 DOL Proposes New FMLA Rules
- Feb 22 What Every Business Owner Should Know About E-Discovery
- Feb 21 What Hath My Email Wrought?
- Feb 6 NLRB Weighs In On Social Media — Again
- Feb 2 The United Nations Convention on Contracts for the International Sale of Goods – PART 3 What does it mean and how does it affect Texas businesses?
- Jan 23 The United Nations Convention on Contracts for the International Sale of Goods – PART 2 What does it mean and how does it affect Texas businesses?
- Jan 23 Ineligible Employees May Be Protected By FMLA
- Jan 19 Class Action Waivers No Longer Valid In Arbitration Agreements?
- Jan 18 The United Nations Convention on Contracts for the International Sale of Goods – PART 1 What does it mean and how does it affect Texas businesses?
- Jan 16 Supremes Back Church’s Employment Decision
- Jan 10 Foreclosures by Property Owner Associations Now Subject to Judicial Approval
- Jan 9 Commercial Motor Vehicle Drivers Banned from Cell Phone Use
- Jan 4 Lifting of Sanctions in Libya May Give a Boost to the Energy Industry
- Jan 3 New Year, New Resolutions
- 2011
- Dec 29 “Disclaimer of Reliance” Provisions
- Dec 27 NLRB Again Postpones Effective Date of Posting Requirements
- Dec 22 NLRB Finalizes Rule for Quicker Elections
- Dec 18 2012 Limits on Transportation Benefits Issued by IRS
- Dec 16 25 More Charges Filed in 2011 than 2010
- Nov 29 USERRA Expanded to Include Harassment Claims
- Nov 17 Residency Visas May Spark More Investment from Within and Abroad the US (en Español below)
- Nov 16 Say “Cheese” — You’re Fired!
- Nov 14 How Final is Arbitration? In Texas, You Decide.
- Nov 7 Dodd-Frank Act Imposes Filing Obligations on Exempt Reporting Advisers
- Nov 4 Congress Again Mulls Employee/Contractor Classification
- Oct 31 Antiquated Computer Employee Exemption May Get An Update
- Oct 28 Excuses, Excuses, Excuses…
- Oct 27 Giving Employees a Lift: Must Employers Accommodate an Employee Who Commutes?
- Oct 25 Hiring 101: Tips to Avoid Legal Landmines
- Oct 23 How “Alternate Employer Endorsement” Can Help If You Hire Temporary Workers
- Oct 21 Texas Legislature Expands Scope of Liability for LLCs
- Oct 19 The Three C’s of Discipline and Termination
- Oct 7 The End of the “Public Profile” — When Your Facebook Status Jeopardizes Your Case
- Oct 6 NLRB Postpones Posting Requirements
- Sep 30 Covered by EPLI? Better Think Again
- Sep 26 Employee Rights Poster Now Available
- Aug 30 EEOC Scrutinizes Criminal Background Checks
- Aug 29 Employers May Have to Add to the List of Those Protected from Discrimination: The Unemployed
- Aug 28 Parental Bereavement Act May Amend FMLA
- Aug 26 All Employers Now Required to Post Notice of Employees’ Unionization Rights
- Aug 22 You’re Fired! Insubordination Still Reason for Terminations
- Aug 15 Religious Discrimination Claims Rise
- Jul 25 Another Reason to Classify Your Employees / Independent Contractors Correctly
- Jul 22 Securities Class Action Litigation Update
- Jul 18 Social Media Harassment?
- Jul 5 Non-Compete Agreements in Texas More Enforceable than Ever
- Jun 25 NLRB Again Flex’s Its Muscle
- Jun 24 Dukes Not So Hazardous After All
- Jun 14 United Kingdom’s Bribery Act 2010 to Become Law
- Jun 8 Employers Lose Fight Against Concealed Carry License Holder Employees in Texas
- Jun 1 Supreme’s OK Legal Arizona Workers Act
- May 23 Upswing in Logistics Activity Bodes Well for Port of Houston
- May 20 OSHA Recordkeeping Site for Employers
- May 20 Reflections of a “Foreigner” on OTC
- Apr 28 SCOTUS UPDATE: Class ACtion Arbitration Waivers Valid
- Apr 26 “No Match” Letters Return
- Apr 14 Yet Another Reason for Employee Handbook Audits
- Apr 6 The Hazard of Dukes
- Mar 30 The Immigration Dilemma: Ways to Protect Yourself from Liability Under US Immigration Laws
- Mar 29 EEOC’s ADA Amendment Act Regulations Finalized
- Mar 7 Supreme Court Ruling Bolsters Need For Thorough Investigations and Training
- Mar 1 Update: Employers’ Regulation of Employees’ Social Media Use
- Feb 14 Baby Steps to Business in Cuba?
- Feb 9 Set Your Business Up Right and Avoid Bitter “Business Divorce” Down the Road
- Feb 7 Workplace Romance: Avoid Problems-Send in the Love Contract
- Jan 26 Supreme’s Give Not to Third Party Retaliation
- Jan 25 2011 Houston Office Market Real Estate Forecast
- Jan 21 Return to Work “Without Restrictions”
- Jan 5 New Year’s Resolutions
- 2010
- Dec 23 EECO Has Banner Year
- Dec 22 Death of the Employee Free Choice Act No Deterrent to National Labor Relations Board
- Dec 7 Department of Labor Now In the Attorney Referral Business
- Dec 2 Mandatory Health Risk Assessments Violate the ADA
- Nov 18 Tips for Transitioning 3PL Services
- Nov 18 Paycheck Fairness Act is Dead — For Now
- Nov 17 Texas Governor Rick Perry Proposes “Loser Pays” Tort Reform, But Does Anyone Win?
- Nov 17 The NLRB’s After Us and We’re Not Even Unionized!
- Nov 14 Final Regulations for GINA Released
- Nov 5 Top 10 Mistakes Made by Employers
- Nov 2 Wait Before You Terminate: FMLA Lessons
- Oct 26 ADA Tool Kit
- Oct 20 When an In-House Counsel’s Bar Membership Goes Inactive, the Attorney-Client Privilege May Go With It
- Oct 19 How Bullying Bosses Could Bring Liability
- Oct 18 Independent Contractor or Employee: The Stakes Are Getting Higher
- Oct 14 All Atwitter Over Twitter (and Other Social Networking Concerns)
- Oct 13 Failure to Post May Lead to Lost Defense
- Oct 11 Classifying Outside Sales Staff: Do They Actually Make Sales?
- Oct 10 Paycheck Fairness Act (Fair to Who?)
- Aug 25 UK Companies — Choosing a Legal Entity to Operate in Texas
- Aug 23 Restrictions on Competition in Texas
- Aug 20 Nursing Mothers: Give them a Break!
- Jul 30 The Inventory Effect
- Jul 23 Damages from the BP Spill
- Jul 21 The Great Freight Recession
- Jul 19 The Big Squeeze, Wal-Mart Style?
- Jul 1 Texas Supreme Court Decides in Favor of Employers on Issue of First Impression
- Jun 23 Obama Proposes New Taxation of Private Equity Fund Managers’ Carried Interest
- Apr 28 Employees May Have a Privacy Interest in Emails Sent from Employer-Provided Computers
- Apr 18 Texas Supreme Court Clarifies Post-Arbitration Appeal Rights
- Apr 16 Logistics Data Points to Improving Economy
- Mar 25 Implied Warranty Recognized in Commercial Construction
- Feb 1 Social Networking Impersonation Now a Felony in Texas
- Jan 20 ADA Amendments Act Expand Scope of Protected Disabilities
- 2009
- Dec 28 Creating a Social Media Policy
- Nov 6 Federal Regulators Release New Policy Statement on Commercial Real Estate Loan Work-Outs
- Oct 30 Texas Recognizes New Entity: Series Limited Liability Company
- Oct 27 When Selling Private Securities — No Limit on Number of Accredited Investors
- Oct 12 Recent Changes to Delaware Limited Liability Company Laws
- Sep 15 Court Broadens Geographic Scope of Agreement
- Sep 9 Supreme Court Finds Implied Promise Sufficient
- Sep 2 Trade Secret Protection