Articles
Buyers Groups, Escheatment and Recent Developments in Bankruptcy
Joseph M. Coleman presented Texas Two-Step: Impact of Corporate Formations Upon Collections and Bankruptcy Update for Credit Professionals to the National Food Equipment Manufacturer’s Credit Exchange Group on May 7, 2012, in Chicago, Illinois.
Broad-Form Indemnity Eliminated in Construction-Related Contracts in Texas
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 liability […]
LITIGATION ALERT: "PREDICTIVE CODING" ARRIVES: Automated Document Review System May Significantly Reduce Litigation Expenses in Complex Cases
In its recent decision in Da Silva Moore v. Publicis Groupe et al., the U.S. District Court for the Southern District of New York became the first court to expressly approve the emerging automated document review process known as “predictive coding […]
LITIGATION ALERT: The Fifth Circuit Court of Appeals Revives Securities Fraud Claims in Stanford Entities Securities Litigation
In response to a multitude of lawsuits involving investments in the alleged multi-billion dollar Ponzi scheme perpetrated by R. Allen Stanford, the Judicial Panel on Multidistrict Litigation consolidated nearly a hundred cases into a multi-district litigation […]
Christopher C. Pappas Speaks at the Construction Law Seminar
On August 21, 2012, Christopher C. Pappas will be a guest speaker at the Construction Law Seminar which will be held at the Marriott-West Loop Hotel in Houston, Texas. The topics he will cover are “Litigation Avoidance and Management” and “Ethics […]
LITIGATION ALERT: New Texas Construction Anti-Indemnity Statute Took Effect January 1, 2012
The Texas Legislature recently passed, and Governor Perry signed into law, House Bill 2093, which took effect on January 1, and which makes certain indemnity and additional insured provisions in construction contracts void and unenforceable as against […]
Best Practices for the Preparation of Financial Advisors for Examination
Joseph M. Coleman served as a panelist at the DFW Association of Young Bankruptcy Lawyers’ annual Financial Professionals Committee event held on October 4, 2012 in Dallas, TX. The event was co-hosted by the Turnaround Management Association’s […]
LITIGATION ALERT: EXPEDITED TRIALS IN TEXAS: Analysis of Proposed Legislation
It is widely thought that the civil jury trial is dying a slow death in the American legal system. The cause of death is largely attributed to the high price tag associated with the modern jury trial. In the hopes of curbing this trend, the […]
LITIGATION ALERT: EMPLOYER LIABILITY: Punitive Damages for Employees Terminated for Refusal to Perform an Illegal Act
The Texas Supreme Court recently rendered an important decision which has the potential to expand an employer's liability for wrongful termination of employees in Texas. Texas is an at-will employment state where employers have the ability […]
LITIGATION ALERT: TEXAS' PROPOSED MOTION TO DISMISS: A Work in Progress
On September 1, 2011, H.B. 274 went into effect. H.B. 274 made several significant changes to the Texas civil litigation practice. (See KRCL Litigation Alert, September, 2011.) Among the most important of these changes was a directive […]
LITIGATION ALERT: "Opting Out" of the Texas Workers' Compensation System: Pros and Cons of Becoming a Non-Subscriber
Texas enacted its first workers’ compensation laws nearly a century ago. In most jurisdictions then, an employer’s participation in the workers’ compensation system was elective. However, after a United States Supreme Court […]