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Insights

The Power of a Trust Fund Claim: Paying Milk Producers First

The Texas Agricultural Code requires milk processors to hold funds in trust for the benefit of milk producers, including dairies and cooperatives.  A trust fund is a powerful tool that will allow a milk producer to be paid ahead of other creditors […]

The Art of Defending Preferential Transfers – Part Two: The Defenses

Learning how to defend a preferential transfer action is a particularly useful art for the credit professional.  In Part One, we discussed the Bankruptcy Code's specific requirements that must be established by the debtor or trustee in order for a transfer […]

Spoliation of Evidence in Texas: The Supreme Court Speaks

The advancement of technology, the preservation of electronic evidence, and concerns over imposing sanctions when discoverable electronic evidence is lost as a result of routine business, spurred the Texas Supreme Court to bring much-needed clarity to […]

Texas Supreme Court Limits the Application of the Economic Loss Rule

In Texas, the economic loss rule has been applied by courts to prevent a plaintiff from recovering purely economic losses in a negligence or strict liability action.  In products liability cases, when a loss results from the failure of a product and […]