It may be time to reassess what are widely considered to be standard provisions in your severance agreements. One of the EEOC’s latest initiatives is to target fairly routine provisions in severance agreements, including non-disparagement, non-disclosure […]
Employers have several things to consider when deciding whether to pursue an employee for violating her non-compete agreement. Among the legal considerations is whether the employer will be able to recover its attorneys' fees. When an employee breaches […]
On June 9, 2014, while the Bankruptcy Bar waited with bated breath, Justice Thomas delivered the long-anticipated opinion of the unanimous Court in Executive Benefits Insurance Agency v. Arkinson. While the Supreme Court answered the question of […]
On June 13, 2013, Governor Rick Perry signed H.B. 1188, codified under Texas Civil Practice & Remedies Code § 142.001, et seq., that is designed to limit claims against employers for negligent hiring and supervision of employees. Pursuant to § […]
In Texas, non-compete reasonableness restricts an employee’s ability to compete against her former employer must comply with the Texas Business and Commerce Code Section 15.50(a). Aside from being ancillary to or part of an otherwise enforceable […]
A recent, troubling decision by the United States Bankruptcy Court for the Southern District of California in Gladstone v. Bank of America (In re Vassau) concluded that alleged preferential payments made to a fully secured creditor might be recovered […]
On March 26, 2014, Peter Sung Ohr, the National Labor Relations Board’s (“NLRB”) Regional Director in Chicago, ruled that football players at Northwestern University were properly classified as employees of the University and, therefore, had the […]
Rolex sued Harry P. Goaz in federal court for various causes of action related to Rolex’s allegation that Goaz sold and distributed fake Rolexes. Before the District Court was able to rule on a Rolex summary judgment motion, Goaz filed bankruptcy […]
Debtor Mark Alan Frost filed bankruptcy, claimed his homestead as exempt and then sold it. Texas law provides that, to maintain homestead protection, a homeowner must reinvest sale proceeds in another homestead within six months. Frost failed […]
It's not just your own employees that can get you sued for harassment. An employer can be sued for sexual third party harassment arising out of conduct committed by customers, suppliers, joint venturers, and other third parties that interact with their […]
This is not a decision by the Fifth Circuit, but rather a dissent written by Judge Higginson and joined by Judges Stewart, Jolly, Davis, Dennis and Graves. They are dissenting from the Court’s decision not to take a previous matter back up […]
A divorce court entered a decree dividing up the assets of Michael Vernon Shankle and Dianne Shankle. Michael Vernon Shankle, contrary to the terms of the divorce decree, withdrew all funds from an investment account and spend them for his […]