Earlier this year, the charter for the Export Import Bank of the United States expired. American companies—including most notably Boeing, but also small businesses with export sales—use Ex-Im guarantees to reduce the cost of selling their […]
Common wisdom states that private-sector employees have no free speech rights – but this perception is rooted only in First Amendment law. The truer statement is that employees’ First Amendment free speech rights may be limited by the employer, but […]
Director AJ Johnson's latest post on Energy Law Today focuses on the upcoming overtime regulations by the Department of Labor.
Numerous Fair Labor Standards Act (the “FLSA” or the “Act”) lawsuits (and Department of Labor audits) have targeted gobs of well-intentioned energy companies, from the largest service companies (such as Baker Hughes) down to the “mom and pop […]
In Tetra Techs., Inc. v. Continental Ins. Co., No. 15-30446, currently before the Fifth Circuit, the lower court’s decision hinges on an interpretation of the phrase “pertaining to a well” to determine if the Louisiana Oilfield Anti-Indemnity […]
The new TILA-RESPA Integrated Disclosures (“TRID”) went into effect on Saturday, October 3, 2015. Since June, the Consumer Financial Protection Bureau (“CFPB”) assured lenders that it would show leniency to those that make a & […]
Under the Americans with Disabilities Act (“ADA”), employers are required to provide reasonable accommodations (or changes to the employee’s workplace or job) to employees with disabilities. To effectuate such accommodations, employers are required […]
Class action lawsuits relating to background checks of applicants and current employees are a very hot area among plaintiff's employment lawyers. The number of Fair Credit Reporting Act (FCRA) lawsuits has proliferated significantly over the past couple […]
This is the situation in which Houston based Hyperdynamics Corporation (“Hyperdynamics”) found itself. In September 2013, Hyperdynamics received subpoenas from the DOJ pertaining to potential violations of the Foreign Corrupt Practices Act (“FCPA […]
Listing under the Endangered Species Act (ESA) would have gained the Greater Sage-Grouse greater protections in its natural habitat, and made production of minerals in those same areas all the more difficult. The bird, although not flightless, primarily […]
Late last week, the Federal Trade Commission filed an amicus brief in Davidson v. Capital One Bank (USA), N.A.,[1] a case brought by a consumer complaining of Capital One’s efforts to collect on a defaulted credit card. If adopted, FTC’s […]
Preference litigation is frequently a game of poker between a bankruptcy trustee and creditors in which the trustee begins with a significant advantage – the lawsuit. In most cases, simply filing a lawsuit ensures that the bankruptcy trustee will leverage […]