The Consumer Product Safety Commission (“CPSC”) is an independent federal regulatory agency formed in 1972. The CPSC is assigned the task of protecting the general public from unreasonable risks of injury or death related to the use […]
In many construction projects, the general contractor, instead of the owner, hires design professionals, such as engineers and architects, to assist in the design of the structure. Therefore, in such situations, a contract will obviously not exist […]
In the commercial construction industry, especially in cycles of downturn in the overall economy, instances often arise in which the owners of projects encounter financial difficulties. This can result in an abandonment of the project by the owner […]
The Texas Supreme Court, in a case of first impression, In re Reece, 341 S.W.3d 360 (Tex. 2011), recently addressed the issue of whether perjury committed during a deposition is subject to criminal contempt. The Court said no, and issued a warning […]
The United States Supreme Court recently rendered an important decision that will have wide-ranging implications related to potential employer liability in connection with unlawful discrimination claims. In Staub v. Proctor Hospital, the Court […]
For the second time in eight years, the Texas legislature instituted significant changes to the state’s civil litigation practice in the form of H.B. 274, which will become effective on September 1, 2011. To its proponents, H.B. 274 is a […]
Until July 1, 2011, a debate existed among personal injury lawyers and judges in Texas as to the proper measure of past medical expenses; namely, should the jury consider the total amount billed for the plaintiff's treatment or only that amount that […]
There is a common misconception that when casually surfing the web you have some modicum of anonymity. No one really knows what web sites you visit, what texts you post, what videos you watch, what emails you send and receive, and what messages you post […]
In 2003, the Texas legislature enacted an "Offer of Settlement" rule to encourage litigants to accept reasonable settlement offers by invoking a form of "fee shifting" or "loser pay" system. The Offer of Settlement […]
With the recent focus on health care reform, compliance with HIPAA's privacy and security requirements for handling patient health information is of paramount importance. Even if your business is not directly health-care related (but especially […]
Plaintiffs' attorneys are targeting "ATM operators" with class-action lawsuits alleging the failure to comply with notice requirements imposed by the Electronic Fund Transfer Act ("EFTA"). The EFTA requires ATM operators to disclose fees for electronic […]
Plaintiffs' attorneys are targeting "ATM operators" with class-action lawsuits alleging the failure to comply with notice requirements imposed by the Electronic Fund Transfer Act ("EFTA"). The EFTA requires ATM operators […]