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Insights

When is a Duck, a “Duck”?

Those of us representing employers in the oil patch know the sad scenario all too well. Exceedingly well paid employees and contractors seek even more pay, usually once terminated, through a long-standing law, the Fair Labor Standards Act (the “Act […]

Andrea Johnson

Where Does the Mineral Estate End and the Surface Begin?

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 […]

Individual Liability in the Oil Patch Under the FLSA

You may wonder how a company president might be liable given the fact that we are talking about an entity that was the official “employer,” and corporate law, generally, provides a shield for individuals who work at the company, whether as employees […]

Andrea Johnson

Loss-of-Use Damages in the Event of a Total Loss

On September 22, 2015, the Texas Supreme Court will hear oral argument in the case J&D Towing, LLC v. American Alternative Insurance Corporation, and the ruling could potentially have drastic effects upon how insurers handle and value property damage […]

Court Limits Employer's Duty to Conduct Background Checks

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 […]

Big Banks Invest Huge Sums in Cybersecurity

No one doubts the critical importance of cybersecurity measures for financial institutions. Customers rely on banks to protect and secure their hard-earned money, finances, and investments. And they expect banks to keep their information and capital […]

Are you using pre-employment tests as part of the interview process?

If your company uses pre-employment tests to screen individuals in an attempt to find the best candidates during the interview process, then Target Corporation's payment of $2,800,000 to the EEOC might catch your attention.  The EEOC announced yesterday […]

Warnings From The CFPB On Private Mortgage Insurance

On August 4, 2015 the Consumer Financial Protection Bureau ("CFPB") issued a compliance bulletin containing warnings on the private mortgage insurance ("PMI") cancellation and termination procedures contained in the Homeowners Protection Act ("HPA"). […]

Jeff Novel