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Insights

Class Actions over Background Checks Continue

As previously reported in an earlier blog post, retailers are under attack in a wave of class actions alleging violations of the Fair Credit Reporting Act.  The allegations are essentially the same in all of these suits:  that the employer failed to […]

Michael A. Logan

Top Level Domain Name .BANK is here

For Banks, the availability of the new .bank extension presents a new and exciting opportunity.  It is intended to be a trustworthy name only for qualifying financial institutions.  This will allow the public to know they are dealing with a legitimate […]

Michael A. Logan

Texas Supreme Court Rules Expert Opinions on Fire Cause Unreliable

This past Friday, the Texas Supreme Court issued its opinion in Gharda USA, Inc. and Gharda Chemicals, Ltd. v. Control Solutions, Inc., United Phosphorus, Inc., and Mark Boyd; a case that will provide defendants with additional ammunition to attack subrogation […]

Insurance Coverage for Cyberliability: An Emerging Market

Most businesses understand that their exposure to cybercriminals is not a question of “if,” but “when.” With leaks and hacks on the rise, companies have started looking to insure against potential losses. Companies may look at two potential coverage […]

The Oklahoma Option Benefit Plan Follows Texas' Lead

Previously ranked 5th in the nation for highest worker's compensation costs, sweeping legislation took effect in Oklahoma on February 1, 2014 that allowed Oklahoma businesses to follow the example of their southern neighbors and opt-out of the worker […]

Golf Channel Learns Hazards Of Playing With A Ponzi Scheme

The recent Fifth Circuit decision in Janvey v. The Golf Channel, Inc. ("Golf Channel") reminds us again that sometimes, despite our best efforts, bad things happen to good people.  In that case, the Golf Channel learned a painful lesson arising out […]

Joseph M. Coleman

Clarifying the Meaning of “Fair Market Value” in Deficiency Suits

Section 51.003 of the Texas Property Code entitles borrowers to an offset against deficiency judgments in the amount the property’s fair market value, if, on the date of foreclosure, the fair market value exceeds the foreclosure sale price. Last month […]

Fifth Circuit has Second Thoughts on Pro-Snax Fees Decision

How would you like to be paid only for work which, in hindsight, unquestionably resulted in a material benefit to your employer? That unsuccessful sales call? Freebie. That account you spent hours trying to collect, but ultimately had to write off? That […]

Trademark Licensor Rights Trump Bankrupt Licensee

While Donald Trump’s presidential aspirations and “Celebrity Apprentice” hosting duties make for interesting copy, the most recent news concerning him relates to the bankruptcy case of Trump Entertainment and the interaction between […]

EEOC Proposes New Rule On Wellness Programs

A prior blog post on this site addressed the issue of making sure your company's wellness program complied with EEOC and ADA restrictions on obtaining health and medical information regarding your employees. Since that post, the EEOC has now recently […]

TMB Limits Telemedicine in Texas

The Texas Medical Board has issued limits on telemedicine, stating that a physician-patient relationship can be established through a “face-to-face” visit held either in person or via telemedicine.  The TMB states that essentially the only scenario […]