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LITIGATION ALERT: Can Employers Prohibit Employees From Discussing Their Salaries?
Monday, December 1, 2014

As we approach the end of the year, many employers are in the process of completing annual performance reviews and making decisions related to employee compensation.  As a result of normal water cooler talk and office scuttlebutt, employees are often tempted to discuss their respective raises and bonuses (or lack thereof).  Employers naturally would prefer that employee compensation figures remain confidential.  However, employers should be careful before implementing policies formally banning employees from discussing their respective compensation levels with one another.

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LITIGATION ALERT: NFL Concussions
Tuesday, November 4, 2014

With the recent high profile NFL concussion litigation, traumatic brain injury ("TBI") cases have received a great deal of notoriety from the press and the public.  Where this injury used to be spoken of by doctors and trainers, TBI cases have become a common topic of fans and spectators.  It has also become the focus of several civil lawsuits and has resulted in a growing trend of increased jury verdicts.

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LEGAL LEDGER: Latest News & Updates from KRCL
Tuesday, October 21, 2014
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LITIGATION ALERT: Corporate Representative Depositions in Texas
Tuesday, October 7, 2014

If your company becomes involved in litigation, chances are it will be asked to present a corporate representative for deposition.  A corporate representative deposition is one in which the company names a person to testify on behalf of the company on a list of topics that opposing counsel has provided.  The answers given by the representative are binding on the company at trial.  Therefore, how your company responds to the request can have a meaningful impact on the outcome of the litigation.

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HEAD IN THE CLOUDS ABOUT CLOUD STORAGE
Thursday, October 2, 2014

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 providers in different countries are subject to different laws, policies and regulations---and some may be unfettered by any of these. Even if you choose a cloud service provider that is based in the United States, there may be nothing you can do to stop the provider from moving to another country for economic or political reasons---just look at the recent announcement by Burger King.

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Viking Tao Quoted in China Daily USA
Wednesday, September 24, 2014
Viking Tao, a director of Kane Russell Coleman & Logan PC, discussed Chinese investment in Texas in a recent China Daily USA article. "China is already one of the state's top trading partners. With the launching of non-stop flights between Houston and Beijing last year and non-stop flights between Dallas and Shanghai and Hong Kong, we are seeing an increased interest from Chinese investors in a variety of industries, including energy, real estate, technology and manufacturing," said Viking. Viking said that many Chinese companies seeking to invest in the U.S. look at California and New York first because they are more familiar with those two states, but now many have come to realize the benefits of investing and doing business in

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Karin Zaner to Speak at the Texas Surgical Society (TSS) Fall Meeting
Tuesday, September 16, 2014

Karin Zaner will be the CME ethics speaker at the Texas Surgical Society (TSS) Fall meeting on October 12, 2014.  Her topic is "Social Media—A Physician’s Guide to Avoiding Pitfalls."  TSS, the oldest state surgical society, is a broad group of general surgeons with a mixture of academic and private practices from all across Texas.

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Jason Binford and John Kane Publish an Article for the Texas Dairy & Ag Review
Monday, September 15, 2014

Jason Binford and John Kane have co-authored an article published in the September issue of the Texas Dairy & Ag Review.  The article discusses the powerful protection that a trust fund claim provides to Texas milk producers.  Click on the link below to read more.

http://www.texasdairy.com/#!power-of-a-trust-fund/c1x3y

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BANKRUPTCY ALERT: The Fifth Circuit Narrowly Construes "Good Faith" in the Context of Lending to a Debtor
Thursday, September 11, 2014

Debtor-in-possession financing ("DIP financing") is a critical issue that comes up at the beginning of most large to mid-sized bankruptcy cases.  Companies filing bankruptcy are typically doomed to a rapid liquidation if they are unable to obtain new financing to support them through the bankruptcy process.  The risks associated with lending to a company already in bankruptcy are readily apparent.  To deal with this risk, DIP lenders demand a number of different protections.  Chief among these protections are a first priority lien on collateral and an order of the bankruptcy court finding that the DIP lender has acted in good faith.  The good faith finding is important because a final DIP financing order may only be reversed on appeal if the appellate court overturns the good faith finding made by the bankruptcy court.  To the DIP financer, who has already advanced funds based upon the bankruptcy court's order, a subsequent appellate decision overturning the bankruptcy court's finding that the DIP lender acted in good faith is a disaster.

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LITIGATION ALERT: Spoliation of Evidence in Texas: The Supreme Court Speaks
Tuesday, September 2, 2014

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 law in the area of spoliation of evidence. Spoliation is the intentional, reckless, or negligent destruction, loss, alteration, or obstruction of evidence that is relevant to litigation. When a party fails to produce evidence in its control, the law presumes that, if produced, the evidence would operate against the party. The spoliation presumption started as a concept in 1852 that missing evidence was presumed against the wrongdoer. Since that time, however, no rule had been expressly adopted by the Texas high court and the presumption was not uniformly applied.  

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