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LITIGATION ALERT: Texas Enacts New Uniform Trade Secrets Act

Texas recently enacted the Texas Uniform Trade Secrets Act (“TUTSA” or the “Act”) becoming the 48th state to enact the model statute and leaving only Massachusetts and New York to remain.  Governor Rick Perry signed TUTSA […]

LITIGATION ALERT: INSURANCE LAW UPDATE: Fifth Circuit certifies to the Supreme Court of Texas: Is the contractual liability exclusion triggered by a general contractor's agreement to "perform its work in a good and workmanlike manner"?

Two years ago, in Gilbert Texas Construction, L.P. v. Underwriters at Lloyd’s London, the Texas Supreme Court held that the contractual liability exclusion in a general contractor’s CGL applied to exclude coverage when the insured assumed […]

Richard L. Hathaway

Bankruptcy and the Franchise Agreement

The principal issue in any bankruptcy case involving franchise issues will be the effect of the filing on the franchise agreement.  As with most contracts, the party filing bankruptcy - the debtor - has two options.  The debtor may assume the franchise […]