So you are a party to a new civil litigation case, which means you have either sued someone or just been sued. Your lawyer sends you an email that the Court has just set your case for a non-jury trial for a date in the future. In the same email, your lawyer asks if you
General Business Law News and Updates
Are You A Cybersquatter, Or Are You Just Being Cyberbullied?
The last decade has seen an unprecedented growth in technology, which has paved the way for internet globalization and given new meaning to the term “international commerce”. Consequently, the digital highway has become populated with modern day highwaymen out for a fast buck. These rogues, known as “cybersquatters”, are individuals who register domain name addresses…
Be Careful When Sending Out That Cease and Desist Letter To Protect Your Trademark
It has become an almost perfunctory practice. You catch wind of another business using a confusingly similar name. You then call a lawyer to immediately send out a cease and desist letter. More often than not, this would be the right play. But there are pitfalls to this strategy if you are not careful. In…
…And Finally, The Department of Labor Asked for Comments Before Proposing a New Overtime Rule
It seems that a lot is going on in DC these days. In what may have been lost in all the other activity, yesterday the Department of Labor issued a Request for Information seeking notice and comment before issuing revised proposed regulations regarding the minimum salary level required to meet the three most common exemptions…
Piercing the Corporate Veil in Texas
Texas has long been one of the best locations to start a business, and a big reason for this is the liability protection afforded by the business-friendly Texas courts. Most business owners seek to limit their personal liability if something goes wrong with the business. This leads to one of the questions I get…
Important Changes to the Landscape of Premises Liability Cases in Texas
The Texas Supreme Court in 2015 issued an opinion that should make it easier for defendants to win summary judgment in premises liability cases. In Austin v. Kroger Texas, L.P. (2015), the Court clarified that an invitee’s awareness of a dangerous premises condition does not bear on the issue of contributory negligence, but instead relieves…
In Other News, Trump’s DOL Withdraws Guidance on Joint Employment and Independent Contractor Classifications
Thank you Fox Rothschild LLP’s Steven Ludwig for forwarding this to me.
Yes, there are other developments going on with the Trump Administration that have nothing to do with Russia, Twitter, and fake news.
Today the Department of Labor withdrew its 2015 and 2016 informal guidance on joint employment and independent contractors. Why is…
Texas Does Not Recognize Self-Publication Defamation
The Texas Supreme Court has rejected the theory of defamation by compelled self-publication. Say what? you ask? Compelled self-publication occurs most often in the employment context, where a terminated employee is compelled to inform subsequent potential employers why the employee was terminated from the employee’s last job. As the theory goes, if an employer…
Texas Passes State-Wide Texting While Driving Ban
Good news middle aged drivers! Today the Texas Legislature has passed HB 60, making it illegal to text and drive in Texas. The new legislation is headed to Governor Abbot’s desk, who is expected to sign the bill. Based on the language of the final bill that passed both houses, it is an affirmative defense…
Silencers Are Not Illegal In Texas – Part 1
Those who know me know that I am into hunting and shooting sports. I have been an avid handgun shooter since 1997. I have been into shotgun sports and shotgun hunting since approximately 2005-2006. Within the last couple of years, I have become an avid rifle shooter and have gone on two big game hunts,…