The Fair Debt Collection Practices Act ("FDCPA") authorizes private lawsuits and fines to deter abusive collection efforts by "debt collectors"—a term defined under 15 U.S.C. §1692a(6) to include anyone who "regularly collects or attempts to collect […]
In the latest chapter of the ongoing proceedings in the lawsuit filed by Randy J. Austin against his former employer, Kroger Texas, L.P., the United States Court of Appeals for the Fifth Circuit has yet again remanded the case back to the United States […]
On June 7, 2017, Carmen Alvarez filed a Class and Collective Action Complaint with the District Court of New Jersey against her former employer, Chipotle Mexican Grill, Inc., for failing to pay her overtime as required by the Fair Labor Standards Act […]
No Texas Court has considered whether a written offer to enter into a loan modification satisfies the requirement under Texas law—known as the statute of frauds—that all loan agreements over $50,000 must be in writing and signed by the party to be […]
Unemployment is low and the job market is currently tight. In this environment, talented employees are in high demand. Your best and brightest employees could jump ship for "greener pastures." If your industry is highly competitive, the loss of talent […]
Last week, the Supreme Court “giveth and taketh away” in a case involving the sale of a ranch, critically including subsurface mineral interests. Specifically, in Kinsel v. Lindsey, the Court clarified that it has not recognized a cause of action […]
How do lawyers and their firms manage and safeguard the information with which they have been entrusted while continuing to inform and communicate with their clients? In an ethics opinion issued earlier this month, the American Bar Association stated […]
In the latest episode of our energy law podcast: the Eighth Circuit makes it easier for plaintiffs to take fracing contamination claims to trial; the Texas Supreme Court rules on the validity of county-wide mineral conveyances; and the Oklahoma Supreme […]
For the second Friday in a row, the Texas Supreme Court has issued a watershed decision with sweeping implications for the oil-and-gas industry. Last week, the Court ruled that offsite penetration—horizontal drilling across one tract to reach a second […]
With schools across the country about to wrap up for the year, many teenagers will be looking for jobs to earn some extra spending money or keep themselves occupied this summer. And many employers--in particular restaurants, retail establishments, hospitality […]
Gail Menchaca contacted USAA, her homeowner’s insurance company, after a hurricane damaged her home. USAA sent an adjuster to inspect the property, but the adjuster found only minimal damage. Since the repair estimate was lower than Menchaca’ […]
According to the suit, Dr. Linda Miller was forced to resign after a peer review process was held. Dr. Miller claimed that the peer review process was held without her involvement, in violation of the bylaws, and that the hospital wrongly reported […]