ABSTRACT: When a creditor is faced with defending preferential transfer actions in a bankruptcy case, one of the least understood, and therefore least used, defenses is the so-called "ordinary business terms" defense described in Bankruptcy Code section […]
In a final rule published on December 30, 2013, and effective immediately, the U.S. Environmental Protection Agency (EPA) has adopted a new standard for conducting All Appropriate Inquiries (AAI). The EPA's action impacts private and public parties who […]
The Texas Dram Shop Act became law in 1987. Before its enactment, Texas law did not impose liability on sellers of alcohol who "over-served" intoxicated patrons. In passing the Dram Shop Act, the Legislature provided the exclusive remedy for liability […]
Kane Russell Coleman & Logan is proud to support the Texas Minority Council Program's annual conference for a third year. The program, which promotes diversity in the legal profession, brings Texas attorneys together to provide networking and […]
Under 11 U.S.C. §330, attorneys seeking to be paid from a debtor's estate must file fee applications with the bankruptcy court. Additionally, many bankruptcy courts have enacted local rules and guidelines with respect to fee applications. The Office […]
Property insurance policies routinely include an appraisal clause that sets forth a non-judicial procedure for resolving disputes about the "amount of loss," i.e., the value of damaged property or the cost of repairs. When properly invoked […]
Non-subscribers may be sued by their employees for on-the-job injuries and non-subscribers are also limited in the defenses they are allowed to assert. To minimize this exposure, most employers who have opted out of the Texas workers’ compensation […]
The biggest reason most employers elect to provide workers’ compensation benefits is to avoid the risk of litigation. An employer who provides workers’ compensation benefits to injured workers cannot be sued by the employee (or third parties) for […]
Employers often see a significant cost reduction by becoming a non-subscriber. Once an employer opts out of worker's compensation and develops its own employee injury benefit plan, the employer is able to avoid paying workers’ compensation premiums […]
Currently, the majority of employers in Texas still elect to participate in the State’s workers’ compensation system but an ever-increasing number of employers are finding that the benefits of becoming a “non-subscriber” outweigh the benefits […]
The presentation will focus on the advantages, disadvantages and hurdles in using either lending source. We will focus on new developments in both sources of financing arising from the recent down cycle. In particular, the presentation will identify […]
Lenders are correct in being cautious when foreclosing on commercial properties where the use or storage of hazardous materials may result in liability for environmental contamination. However, the U.S. Comprehensive Environmental Response, Compensation […]