Retailers, restauranteurs, and hoteliers sometimes find themselves involved in litigation involving multiple parties. Often, when multiple parties are involved, a settlement is reached with one or more parties but not with others. In those cases, business […]
In Texas, the long-standing "rule of capture" controls claims for subsurface trespass predicated on hydraulic fracturing activities. The rule of capture is, of course, shorthand for the theory that landowners acquire title to the minerals […]
The tactic is used by plaintiffs’ and defense attorneys alike – and in each scenario, the receiving side feels the pain. The hourly-rate defense attorney reviews those 50,000 pages at the standard billable rate, and the contingent-fee plaintiffs […]
The United States Supreme Court issued an opinion on April 2, 2018 that Service Advisors working at a California Mercedes Benz dealership were exempt from the Fair Labor Standards Act and not entitled to overtime. In a 5-4 opinion, the Court held that […]
Business bankruptcy filings have dropped by more than one-third over the last five years. One potential reason for this drop is that lenders have increasingly sought non-bankruptcy solutions for defaulted or distressed loans. Virtually all non-bankruptcy […]
On Tuesday, United States District Judge Robert Pittman issued a fifty-page order that will likely have a profound impact on retailers that currently sell or are looking to sell alcoholic beverages in Texas. The lawsuit, brought in 2015 by Wal-Mart Stores […]
In order to be liable for the improper sale or provision of alcohol to a minor, it must be shown that: (1) the person or provider was an adult that was at least 21 years old, who was not the minor's parent, guardian, spouse or custodian; (2) the […]
This month, the United States Department of Transportation voted to repeal a May 2015 proposed rule that would have required the installation of electronically controlled pneumatic (“ECP”) brakes on certain rail tank cars. The ECP rule rose […]
In the latest episode of our energy law podcast, the co-chair of KRCL's Transportation Practice Group, Daniel Guerra, speaks to the many pitfalls and advances lying at the intersection of technology, trucking, and railroads in the oil patch. […]
Although the New Year is still young, there are already many legal developments to report in the oil and gas sector. In no particular order, this is a cross-section of what has emerged at the intersection of the law and the energy industry thus far in […]
While many employers offer some form of paid time off, there is no federal or state statute requiring employers to do so. And those employers that already provide paid leave often have a policy that an employee has to be employed for a period of […]
On January 1, 2018, a new Texas law went into effect permitting a merchant to request a government-issued photo identification to verify the identity of a credit or debit card user – and decline the transaction if the buyer refuses to show it. & […]