In this post-COVID-19 world, remote work continues to rise across the United States, and it is becoming increasingly more common for employers to permit their employees to work from home, either fully or through hybrid work schedules. As employers navigate […]
In 2022, the National Conference of Commissioners on Uniform State Laws (NCCUSL) and the American Law Institute (ALI) published the first substantive amendments to the Uniform Commercial Code (UCC) since 2010 (the “2022 Amendments”). As of […]
This blog briefly looks at a recent Supreme Court case and some Fifth Circuit case law redefining what a "discrimination" case might look like – that is, what "harm" is required to be actionable under Title VII—what does […]
Is generative artificial intelligence ("AI") a mysterious gremlin, lurking in the background on the edge of sentience, as portrayed in dystopian sci-fi plotlines? Or is it a benign tool, merely analyzing inputs to predict an output? Can such […]
On July 3, 2024, the United States District Court for the Northern District of Texas issued a Memorandum Opinion and Order, granting a stay and preliminary injunction against the enforcement and effective date of the Federal Trade Commission's (& […]
Part I— The Lender’s Assembly of Information for CRE Loan Extensions and Restructurings.
Part II—The Guardrails the Lender Should Stay Within for CRE Loan Extensions and Restructurings.
Part III — What Lenders Should Look for in the Borrower’s Presentation and Plan.
On May 7, 2024, the Federal Trade Commission ("FTC") published in the Federal Register its Final Rule purportedly banning employer-employee non-compete clauses. With a few exceptions, the FTC's ban effective September 4, 2024, prohibits […]
In 2002 the U.S. Bankruptcy Court for the Northern District of Texas issued an opinion in the case of In re CoServ,[1] establishing a three-part test to determine whether a debtor should be authorized to pay prepetition claims of "critical" […]
Freeport is, however, a substantially important decision concerning two of the safe harbor provisions in section 91.402 of the Texas Natural Resources Code. Those allow the payment of proceeds to be withheld, i.e., placed in suspense, without interest […]
We all know that general unsecured creditors, like holders of trade debt, often receive little to no recovery on account of the debt they are owed when a customer files for bankruptcy. Luckily, Section 503 of the Bankruptcy Code provides some relief […]