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Discoverability of Settlement Agreements in Multiparty Cases

Retailers, restauranteurs, and hoteliers sometimes find themselves involved in litigation involving multiple parties. Often, when multiple parties are involved, a settlement is reached with one or more parties but not with others. In those cases, business […]

Supreme Court Rules Auto Dealership Service Advisors are Exempt from Overtime

The United States Supreme Court issued an opinion on April 2, 2018 that Service Advisors working at a California Mercedes Benz dealership were exempt from the Fair Labor Standards Act and not entitled to overtime. In a 5-4 opinion, the Court held that […]

4 Tips for a Better (Loan) Workout

Business bankruptcy filings have dropped by more than one-third over the last five years. One potential reason for this drop is that lenders have increasingly sought non-bankruptcy solutions for defaulted or distressed loans. Virtually all non-bankruptcy […]

Brian W. Clark

Shaken and Stirred: Federal Court Declares Texas Alcohol Laws Unconstitutional

On Tuesday, United States District Judge Robert Pittman issued a fifty-page order that will likely have a profound impact on retailers that currently sell or are looking to sell alcoholic beverages in Texas. The lawsuit, brought in 2015 by Wal-Mart Stores […]

Overview Of Alcohol Liability In Texas – Part III (Sale To Minors)

In order to be liable for the improper sale or provision of alcohol to a minor, it must be shown that: (1) the person or provider was an adult that was at least 21 years old, who was not the minor's parent, guardian, spouse or custodian; (2) the […]

Department of Transportation Repeals Rule on Electronic Tanker Brakes

This month, the United States Department of Transportation voted to repeal a May 2015 proposed rule that would have required the installation of electronically controlled pneumatic (“ECP”) brakes on certain rail tank cars. The ECP rule rose […]

City of Austin Passes Mandatory Paid Sick Leave Policy

While many employers offer some form of paid time off, there is no federal or state statute requiring employers to do so. And those employers that already provide paid leave often have a policy that an employee has to be employed for a period of […]

Oil and Gas Law: 2018 Thus Far

Although the New Year is still young, there are already many legal developments to report in the oil and gas sector. In no particular order, this is a cross-section of what has emerged at the intersection of the law and the energy industry thus far in […]

Thomas G. Ciarlone Jr.