Recognizing that disruptions caused by the COVID-19 national emergency are interfering with, and in some cases preventing, motor carrier employer and driver compliance with current drug and alcohol testing requirements, the United States Department of […]
To the greatest extent possible, companies should implement a system where a supervisor checks the temperature of all workers and contractors with a forehead thermometer before a worker begins work. If a worker has a temperature above 99.6 Fahrenheit […]
A force majeure clause is a contract provision that excuses both parties from liability or obligation when an event beyond the parties’ control prevents one or both parties from fulfilling contractual obligations. With the ongoing health […]
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 […]
The Texas courts have continued to evaluate the nature and extent of liability that property owners have for the acts of independent contractors. As indicated in a new opinion from the Eastland Court of Appeals, this is highly relevant for owners, […]
In a case that has been closely watched in the oil-and-gas industry, yesterday the Texas Supreme Court decided whether drilling through a mineral estate—one which is not under lease by the driller—to access a reservoir beneath a bordering tract constitutes […]
In an effort to balance the needs of multinational companies and European Union citizen’s right to privacy the United States and European Union are working together to craft an EU-U.S. Privacy Shield to facilitate the transfer of the personal data […]
An opinion delivered by Judge Harmon this week, in Dewan v. M-I, L.L.C. (2016 Westlaw 695717, Feb. 22, 2016), provides clarity in this murky area, much-needed particularly in the oil industry. Dewan holds that “mud men” or “mud engineers” are […]
Companies seeking to confirm a Chapter 11 bankruptcy plan typically include releases that discharge the bankrupt company (the debtor) from liability on claims, thereby giving the debtor a chance to emerge from bankruptcy and seek a profitable future.& […]
Conducting background checks is both a necessary and risky venture that employers take on when hiring and retaining employees. Employers are increasingly finding themselves in litigation challenging the use of background checks as part of the screening […]
In Lightning Oil Co. v. Anadarko E&P Onshore, LLC, the Texas Supreme Court recently declined to consider an appeal from a Fourth Court of Appeals decision denying Lightning’s request for a temporary injunction that would have blocked Anadarko from […]
Last week, the Fourteenth Court of Appeals in Houston affirmed summary judgment granted by a Brazoria County trial court to a nonsubscribing employer in a lawsuit brought by an employee who was assaulted by a co-employee on the job. In summary, the Court […]