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KRCL Publications

Publications & Seminars

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Hearing-Impaired Accommodations Required by Hospitality Industry
Monday, August 22, 2016
Title III of the Americans with Disabilities Act (ADA) gives rights of equal access to places of public accommodation. For people who are deaf or hard of hearing, Title III requires businesses to remove barriers to communication. Restaurants and other hospitality providers are required to provide "auxiliary aids and services" to assist any class of individuals with disabilities, in order for them to "fully and equally" enjoy any goods, services, or facilities offered by the hospitality provider so that effective communication can be achieved. What constitutes an "auxiliary" aid or service to a deaf or hearing-impaired individual is being scrutinized in recent discrimination lawsuits brought by deaf or hearing-impaired plaintiffs. As such

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Litigation Update: The Texas Agritourism Act: New Potential Liability Protection for Texas Agricultural Landowners
Tuesday, August 2, 2016
Owners of agricultural land in Texas may be entitled to additional limited liability protection thanks to a bill passed in the most recent Texas legislative session and signed by the Governor. The Texas Agritourism Act ("Agritourism Act"), now codified as Chapter 75A of the Texas Civil Practice and Remedies Code, provides certain agricultural landowners with limited liability protection from injuries and damages sustained by individuals engaged in certain activities on the land, provided specific requirements are met. The Agritourism Act provides that an "agritourism entity" is not liable to any person for injuries or damages sustained by an "agritourism participant" engaged in an "agritourism activity" on "agricultural land" if prior to

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Director Christopher Pappas to Join Webcast Discussing Mediation and Arbitration
Monday, July 18, 2016

Christopher Pappas will join Edward Trey Bergman III of Bergman ADR Group in a panel discussion titled “How to Use the Mediation/Arbitration Hybrid Dispute Resolution Process.”  

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Director Karin Zaner published in Dallas Medical Journal's July Issue
Tuesday, July 12, 2016
Read Karin's article, Self-Reporting: What a Physician Must Know, in the July issue of the Dallas Medical Journal.

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Litigation Update: The Texas Supreme Court establishes a test for excluding party representatives during trade secret proceedings.
Tuesday, July 5, 2016
In late May 2016, the Texas Supreme Court issued a decision potentially affecting any Texas trade secret litigation. In In re M-I L.L.C., 2016 WL 2981342 (Tex. May. 20, 2016) the Court held trial courts should use a balancing test to determine if a party's corporate representative is allowed to hear its opponent's trade secret evidence. This decision's key "takeaways" for business readers are (1) if you are offering trade secret evidence, there is now a Texas standard to use in asking the court to exclude your competitors' employees; and (2) in selecting a corporate representative, consider whether that employee may be subject to exclusion from hearings based on the In re M-I balancing test, discussed in more detail below. The underlying

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Kenneth Johnston and Daniel Klein published in the American Bar Journal
Wednesday, June 29, 2016
KRCL attorneys Kenneth Johnston and Daniel Klein were recently published in the American Bar Journal's May edition. Their article, "The February 2016 California Attorney General’s Data Breach Report Sets a Standard for “Reasonable Security” – What Does This Mean for Cybersecurity Litigation?", discusses the way the AG's report sets reasonable standards for data security for businesses and corporations.

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A SLIPPERY AREA FOR EMPLOYERS: "SHOES FOR CREWS"
Thursday, June 23, 2016
Michael A. Logan Alexandra Easley Many restaurants participate in the Shoes for Crews ("SFC") Corporate Program. Shoes for Crews manufactures and sells non-slip footwear that provides "unmatched slip-resistance outsole technology." Employers in the hospitality industry frequently encourage their employees to wear SFC shoes for two central reasons. First, the wearing of SFC shoes by employees helps prevent slip and fall accidents that can be caused by wet or greasy floor surfaces. Second, Shoes for Crews provides employers with a "warranty" in the form of a payment of up to $5,000 for medical costs arising from an employee slipping while wearing SFC shoes. In order to be eligible for receipt of this warranty, an employer must agree to

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Larry Bowman, Kenneth Johnston and Dan Klein speak on Live Cybersecurity Webinar
Monday, June 20, 2016
Directors Larry Bowman and Kenneth Johnston along with Associate Dan Klein co-presented on a Live Webinar by The Knowledge Group on June 9th, 2016. The webinar focused on Understanding Cybersecurity Awareness for Insurance Companies. The attorneys lead the Firm's Cybersecurity practice group.

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Litigation Update: Appellate Law Review: High Court Limits Standing to Bring FCRA Class Actions, Says Litigants Must Show "Concrete" Injury
Wednesday, June 1, 2016
The doctrine of standing is a fundamental aspect of federal court jurisdiction which "limits the category of litigants empowered to maintain a lawsuit in federal court to seek redress for a legal wrong." A plaintiff bears the burden of establishing his standing by proving that he "(1) suffered an injury in fact, (2) that is fairly traceable to the challenged conduct of the defendant, and (3) that is likely to be redressed by a favorable judicial decision." The "first and foremost" element of standing is injury in fact, which requires a plaintiff to show that he suffered a violation of a legally protected interest that resulted in a "concrete and particularized" injury which is "actual or imminent, not conjectural or hypothetical." A

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Litigation Update: Approval of Massive NFL Concussion Settlement Upheld: First Major Battle Nearing End but More to Come
Friday, May 6, 2016
By Jack Luckett Background This case began in July 2011 when 73 retired professional football players sued the NFL for failing to protect them from the chronic risk of head injuries in football. The NFL removed the case to federal court and more lawsuits followed. In January 2012 these case were consolidated before U.S. District Judge Anita Brody. The consolidated case now includes claims by over 5,000 retired players. After the initial pleading phase, the NFL filed a Motion to Dismiss, alleging that the Collective Bargaining Agreements applied and required arbitration. While the Motion was pending, Judge Brody ordered mediation. Settlement In late 2013, the parties reached a settlement totaling $765 million to compensate retired

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