For the second time in eight years, the Texas legislature instituted significant changes to the state’s civil litigation practice in the form of H.B. 274, which will become effective on September 1, 2011. To its proponents, H.B. 274 is a […]
Until July 1, 2011, a debate existed among personal injury lawyers and judges in Texas as to the proper measure of past medical expenses; namely, should the jury consider the total amount billed for the plaintiff's treatment or only that amount that […]
There is a common misconception that when casually surfing the web you have some modicum of anonymity. No one really knows what web sites you visit, what texts you post, what videos you watch, what emails you send and receive, and what messages you post […]
In 2003, the Texas legislature enacted an "Offer of Settlement" rule to encourage litigants to accept reasonable settlement offers by invoking a form of "fee shifting" or "loser pay" system. The Offer of Settlement […]
With the recent focus on health care reform, compliance with HIPAA's privacy and security requirements for handling patient health information is of paramount importance. Even if your business is not directly health-care related (but especially […]
Plaintiffs' attorneys are targeting "ATM operators" with class-action lawsuits alleging the failure to comply with notice requirements imposed by the Electronic Fund Transfer Act ("EFTA"). The EFTA requires ATM operators to disclose fees for electronic […]
Plaintiffs' attorneys are targeting "ATM operators" with class-action lawsuits alleging the failure to comply with notice requirements imposed by the Electronic Fund Transfer Act ("EFTA"). The EFTA requires ATM operators […]
Lenders often confront liability concerns when dealing with foreclosure options on an environmentally contaminated property in which the lender holds a security interest. Under the Comprehensive Environmental Response, Compensation, and Liability Act […]
Courts across the country have seen a proliferation of class-action lawsuits challenging overdraft practices and policies. As discussed in a previous KRCL Litigation Alert from June 2010, at least fifty-seven putative class-action lawsuits are pending […]
For companies large and small, navigating the electronic discovery ("e-discovery") process in litigation can be a tricky proposition. To begin with, electronic data is more pervasive than ever. Kroll Online estimates that thirty […]
For companies engaged in or facing the prospect of litigation, there have been two developments of note related to the work product privilege doctrine. These developments have a mixed result for litigants asserting the work product privilege.
In this troubled economy, no one wants to give up hard-earned cash. Unfortunately, many companies are forced to do exactly that as the number of corporate bankruptcy filings increases. When a company in financial turmoil files for bankruptcy […]