Larry Bowman and I recently wrote a 44-page white paper on “The Ins and Outs of Waivers of Subrogation.” Larry presented our paper at the 34th Annual Texas Construction Law Conference sponsored by The Construction Law Foundation of […]
There has been a recent trend in Texas litigation of borrowers asserting claims or counterclaims against their lenders for breach of fiduciary duty. The first thing that a plaintiff has to establish in such a claim is that the lender actually owed it […]
Chapter 95 of the Texas Civil Practice and Remedies Code provides premises owners protection from liability for negligence claims made by independent contractors performing work on the premises when certain conditions are met. Last month, the Texas Supreme […]
I begin with the assumption that the parties in any complex case wish to avoid trial and resolve their disputes wherever possible. It is my experience that most parties are not in the business of litigation and find it undesirable and costly. […]
This COVID year plus has been a time of lockdowns and social distancing. However, along the way, people have been out in public, without necessarily social distancing, and protesting—vociferously and publicly, and, in some instances, as a […]
A recent case before the Fifth Circuit Court of Appeals1 determined that a “Project Completion Incentive” applying to employees on a construction project (the “Plan”) was not governed by the Employee Retirement Income Security […]
This article launches a five-part series on Effective Mediation Techniques for Complex Cases. However, many of these same tactics can be deployed mediating most any type of case. I define complex cases in a number of ways including the complexity […]
The need to conduct internal investigations has continued, even in a COVID and remote environment. In Part I of this post, we discussed important decisions to make prior to the investigation, ensuring that the witness' interview area maintains […]
The past few days have been trying ones for Texans suffering due to the loss of electric power in their homes and business. Already we have received several subrogation assignments arising from claims involving burst water and sprinkler piping.& […]
Despite COVID-19, the need to conduct internal investigations persists. Indeed, employers have seen an increase in whistleblower and similar complaints that require employer investigation. Due to COVID-related restrictions, an increasing number […]
This is the second post in our series addressing mechanic's liens in Texas on private commercial/non-residential projects. In the last post, we discussed the difference between original contractors and subcontractors. As a reminder, an […]
This is the first in a series of posts addressing mechanic's liens in Texas on private commercial/non-residential projects.1 Texas has a unique mechanic's lien scheme that is far more complex than most states. Parties are required […]