Under the Motor Carrier Act of 1980 ("the Act"), no motor carrier shall operate a motor vehicle unless the carrier has obtained minimum levels of financial responsibility[1] through insurance or other forms for bodily injury or death to […]
As we approach the end of the year, many employers are in the process of completing annual performance reviews and making decisions related to employee compensation. As a result of normal water cooler talk and office scuttlebutt, employees are often […]
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If your company becomes involved in litigation, chances are it will be asked to present a corporate representative for deposition. A corporate representative deposition is one in which the company names a person to testify on behalf of the company […]
Jason Binford and John Kane have co-authored an article published in the September issue of the Texas Dairy & Ag Review. The article discusses the powerful protection that a trust fund claim provides to Texas milk producers. Click on […]
Debtor-in-possession financing ("DIP financing") is a critical issue that comes up at the beginning of most large to mid-sized bankruptcy cases. Companies filing bankruptcy are typically doomed to a rapid liquidation if they are unable to obtain new […]
The advancement of technology, the preservation of electronic evidence, and concerns over imposing sanctions when discoverable electronic evidence is lost as a result of routine business, spurred the Texas Supreme Court to bring much-needed clarity to […]
In Texas, the economic loss rule has been applied by courts to prevent a plaintiff from recovering purely economic losses in a negligence or strict liability action. In products liability cases, when a loss results from the failure of a product and […]
In today's complex work of insurance, many insurance risks are "reinsured" by a separate insurance carrier. In those instances, it is not unusual for insurers and reinsurers to have regular communications concerning the insured, and in particular, […]
If after a Phase I ESA, the EP determines further investigation is warranted, that more invasive investigation takes the form of a Phase II ESA. The primary purpose in conducting a Phase II ESA is to evaluate any REC(s) identified in a Phase I ESA to […]
On August 5, 2014, Jason Binford and John Kane spoke at the annual meeting of the National Society of Accountants for Cooperatives in San Diego, California. They presented on their law review article, Farmer Favoritism: Statutory Protections for Creditors […]
On June 9, 2014, the United States Supreme Court issued the decision Executive Benefits Insurance Agency v. Arkinson, Trustee of the Estate of Bellingham Insurance Agency, Inc., which deals with the constitutional limits on bankruptcy judges. The Bellingham […]