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Insights

HEAD IN THE CLOUDS ABOUT CLOUD STORAGE

Did you know there are many cloud service providers in the cyber industry? Probably so. But did you know that cloud service providers may be operating in a country outside the United State? Whether you did or not, you may not realize that cloud service […]

The Art of Defending Preferential Transfers-Part One: The Basics

Creditors face any number of perils when an account debtor files for bankruptcy – loss of sales, likely risk of collection of amounts owed, legal fees and more.  One more challenge a creditor might encounter is a possibility the now-bankrupt debtor […]

Helping Colleagues' Boundaries: Top 10 Tips

If the behavior makes the physician a continuing threat to public welfare, a physician is required to report it to the Texas Medical Board. Otherwise, a physician may report to the Texas Medical Board, the Texas Medical Association, or to a hospital […]

Maintaining Boundaries: Top 10 Tips

There is a clear imbalance of power between a physician and a patient. The patient exposes himself or herself and is highly vulnerable. No matter what the patient says or does, a physician will be held to higher expectations. The physician must at all […]

Avoiding a NPDB Report: Top 10 Tips

If you are a focus of a health care entity investigation, before you resign clinical privileges or let them expire, resolve any such investigation and confirm that no affirmative report to the NPDB will be filed against you. Get assistance from a health […]

Understanding the NPDB: Top 10 Tips

It is used to inform health care organizations (such as hospitals, health plans, state licensing boards, and other health care regulatory entities) of a "reportable event." NPDB reports are used, along with other source data, when a practitioner is considered […]

In-House Alert: Covenants Not to Compete and Bankruptcy

The difficult economic circumstances of the last few years have affected employer/employee relationships in a number of different ways.  One of these effects has been that fewer employees changed jobs.  During a period of high unemployment, […]

Article by Joseph Coleman published in The Credit and Financial Management Review

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 […]

EPA Adopts New AAI Standard

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 […]

Bruce M. Flowers

Dram Shop Liability in Texas: The "Safe Harbor" Defense Explained

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 […]

Michael A. Logan