If your company is based outside of California and does limited business in California, you may have written off California’s latest data privacy law as only applying to major companies, such as Amazon and Meta. But, if your business collects […]
Our appellate team, including Thomas Ciarlone and Demetri Economou, proved triumphant at the Fifth Circuit Court of Appeals. Within one week of arguments, Ciarlone and Economou obtained a summary judgment and seven-figure fee award. Another […]
A number of new laws were passed in Texas this past legislative session that impact the construction industry, including changes to the mechanic’s lien laws and the statute allowing for the recovery of attorney’s fees in certain civil cases […]
Tune in as Energy team co-chair Thomas Ciarlone discusses production in paying quantities, an increasingly litigated issue in courts across Texas, affecting operators and others in the industry.
“There is no crueler tyranny than that which is perpetuated under the shield of law and in the name of justice.”
“For any young democracy, the most difficult but important step is burying the legacy of tyranny and establishing an economy and a government and institutions that abide by the rule of law. Every country faces challenges to the rule of law, including my own.” -Joe Biden
Dram Shop: Can the Intoxicated Driver Be Compelled to Produce His Toxicology Report While the Criminal Proceeding Is Still Pending?
Imagine two best friends, one a former Dallas Cowboys player and the other, a former player on the Cowboys’ practice team. After a night of dinner with teammates and drinking at a club, the former player loses control of his car driving them home […]
Can Restaurant Owners State a Claim Against Insurance Companies for Income Lost Due to COVID-19 Shutdown Orders?
Since the thick of the COVID-19 pandemic, many businesses that took an economic hit due to the shelter-in-place orders have sued their insurance providers for denying coverage of their claims. While most of the lawsuits were initially filed in state […]
As we head toward year-end and look forward to 2022, there are planning tips for businesses and individuals to consider in order to retain current U.S. immigration benefits and the ability to travel internationally and return to the U.S. The ability […]
Spate of Recent Court Activity Puts President Biden’s Vaccine Mandates in Question, Presenting Dilemmas for Employers
On, November 30, 2021, a district court in the Sixth Circuit entered a stay of the mandate affecting federal contractors, linked here. The decision affects contractors in Kentucky, Ohio and Tennessee, but there are similar court cases pending in […]
OSHA Ordered to “Take No Steps to Implement or Enforce the Mandate."1 Fifth Circuit Stay of Vaccine-Mandate ETS Continues through Court’s Temporary Injunction Issued 11/12/2021. OSHA Rule Denigrated as “One-Size-Fits-All Sledgehammer.”2
On Friday, November 12, 2021, the Fifth Circuit entered its temporary injunction against the “Mandate” also referred to as the “emergency rule” or “ETS.” This swift shut down of both the rule and its enforcement by OSHA (the Occupational Safety and Health Administration), followed the appellate court’s original emergency stay, entered less than one week ago, on November 6, which came just one day after the official issuance of the OSHA rule.
A New World: 5th Circuit Stays OSHA COVID-Vaccination Mandate ETS, Affecting Employers with 100-plus Employees - Court Finds "Grave Statutory and Constitutional Issues with the Mandate."
Scarcely two days after OSHA had issued its emergency rule or "ETS" mandating COVID vaccinations in the workplace, the Fifth Circuit on November 6, 2021, granted an emergency stay of the entire rule - stopping in its tracks the federal government (OSHA), from proceeding with a very lengthy rule and, some contended, a rather oppressive mandate, all fashioned through the auspices of OSHA. The just-inked ETS mandated that employers with 100 or more employees had to act as the government's COVID vaccination enforcers so that their employees were either fully vaccinated against COVID or tested, at least, weekly, if an employee was unvaccinated, to ensure that he/she was not COVID-positive. At this point, the entire OSHA rule is suspended while the courts consider the matter further. The Fifth Circuit decision is linked here.
OSHA Issues Emergency Temporary Standard for Private Employers with 100-Plus Employees – New Deadline: January 4, 2022
Today, November 4, 2021, the Department of Labor’s Occupational Safety and Health Administration (“OSHA”) issued several rules related to vaccine mandates. Critical to private employers with 100 or more employees, the OSHA rule […]