Practitioners usually state that the limitations period for bringing suit on a promissory note is four years. This view is based on Texas Civil Practice and Remedies Code § 16.004(a)(3) which provides that a person must bring suit on an action for […]
The Supreme Court is currently considering the case of Wellness International Network, Ltd. v. Shariff. As discussed in the blog post on February 16, 2015, at issue in the Wellness International Network case is "whether Article III of the United […]
The Texas Constitution details the required terms and conditions of home equity loans and the rights and obligations of borrowers and lenders on such loans. Homeowners who have either entirely repaid their home loans or who have accumulated equity […]
In a recent ruling, the Ninth Circuit held that a seller was liable under the law of fraudulent conveyance to the bankruptcy trustee for the portion of the purchase price funded by a company controlled by the buyer, which was actually a Ponzi scheme, […]
The Supreme Court has an opportunity to clarify the constitutionality of the allocation of power between federal district courts and bankruptcy courts. On July 1, 2014, the Supreme Court granted certiorari in Wellness International Network, Ltd. v. Sharif […]
The enforcement of a liquidated damages clause can mean the difference between money in a party's pocket with little effort versus a protracted and expensive court battle. To learn more, click on the link below to an article recently published […]
Retailers are getting hit with a tsunami of class action litigation alleging violations of the Fair Credit Reporting Act ("FCRA"), Federal Trade Commission ("FTC") guidelines, and related state laws. In general, these lawsuits […]
First, the Act has expanded the list of work related injuries that all covered employers must report. Employers must continue to report all work-related fatalities within 8 hours. However, under the new rules, employers must also report all work- […]
Beginning in 2012, a distinguished group of bankruptcy attorneys, academics and judges known as the American Bankruptcy Institute (ABI) Commission to Study the Reform of Chapter 11 (the Commission) held periodic meetings throughout the U.S. to analyze […]
As discussed in depth in a prior post, raising the minimum wage has received a considerable amount of attention over the past year. President Obama signed an Executive Order requiring employers with federal contracts to pay those employees at least […]
Fast food is very secretive. Colonel Sanders Kentucky Fried Chicken has eleven secret herbs and spices. Bakers have attempted to reverse engineer Mrs. Fields Chocolate Chip Cookie recipe, but it remains a closely held secret. Coca Cola has had […]
Every employer has or like will face this dilemma at one point or another. A good candidate for employment is located, the interviews go well, and now you simply have to complete the criminal background check as the last step to employment […]