A provider is someone who sells or serves alcoholic beverages. Generally, in Texas, providers are licensed and regulated by the Texas Alcoholic Beverage Commission ("TABC"). However, a person need not be licensed by the TABC to be classified as a […]
In an era where retailers face mounting pressures forcing increased store closings and bankruptcy filings, the full impact on the industry in the wake of devastation caused by Hurricane Harvey is still unfolding. A preliminary estimate by Moody's Analytics […]
In November 2016, I wrote in this blog about Guidance issued by the Antitrust Division of the Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) (collectively the “Agencies”),[1] concerning the application of the antitrust […]
It’s been one month since Hurricane Harvey made landfall in Rockport, but most companies are just now fully appreciating the after-effects. Some companies still haven’t reopened, and many more have had to make tough decisions about their workforce […]
There were fireworks yesterday at an open public meeting of the Texas Railroad Commission, the state regulatory body responsible for keeping tabs on the oil and gas industry. Following a variety of routine housekeeping matters, the agency's General Counsel […]
The guidance concedes that cooperation among federal, state and local agencies will be necessary in the rebuilding of the Gulf Coast and the United States’ Caribbean holdings, and the guidance further acknowledges that recovery is likely to “require […]
Force Majeure is a civil law concept (French for “superior force”), but in U.S. law it is largely a creature of contract. Force majeure comes into play when “acts of God” or other extraordinary events prevent contractual performance.[1] In the […]
By now, the names Harvey and Irma have become synonymous with havoc and destruction. Aside from the devastating effects of these storms on personal property, they also caused businesses to grind to a halt. Flooding, loss of business inventory, irreparable […]
Gift cards from retailers, restaurants, and hospitality clients continue to be a growing aspect of the industry. In 2009, Congress passed the Credit Card Accountability Responsibility and Disclosure Act which governs store gift cars, gift certificates […]
This week, KRCL's energy law podcast addresses the fiduciary obligations of the executive rights holder to non-executive mineral interest owners, as well as an important appellate decision about acreage retention clauses keyed off of proration […]
In a recent installment of Law360's "Expert Analysis" series, KRCL trial lawyer Tom Ciarlone explained why—as the U.S. oil and gas industry recovers from Hurricane Harvey—operators must also be aware that force majeure clauses, excusing nonperformance […]
The Seventh Court of Appeals in Amarillo has rejected a jury verdict in favor of Hunt Cimarron, in a hard-fought controversy over a West Texas mineral lease. The intermediate appellate court determined that the lease had come to an end by operation of […]