Lenders often confront liability concerns when dealing with foreclosure options on an environmentally contaminated property in which the lender holds a security interest. Under the Comprehensive Environmental Response, Compensation, and Liability Act […]
Courts across the country have seen a proliferation of class-action lawsuits challenging overdraft practices and policies. As discussed in a previous KRCL Litigation Alert from June 2010, at least fifty-seven putative class-action lawsuits are pending […]
For companies large and small, navigating the electronic discovery ("e-discovery") process in litigation can be a tricky proposition. To begin with, electronic data is more pervasive than ever. Kroll Online estimates that thirty […]
For companies engaged in or facing the prospect of litigation, there have been two developments of note related to the work product privilege doctrine. These developments have a mixed result for litigants asserting the work product privilege.
In this troubled economy, no one wants to give up hard-earned cash. Unfortunately, many companies are forced to do exactly that as the number of corporate bankruptcy filings increases. When a company in financial turmoil files for bankruptcy […]
Ever-changing technologies, the growth of free trade over the past decade, and the development of increased industry in developing countries around the world have resulted in an explosion of new products available to American consumers. While few […]
The scope of the duty to indemnify has been the subject of numerous court opinions and legislative actions. Rightfully so, as defining the point at which this duty arises and what actions by each party the duty proscribes is a key component in […]
Whether it is text messages, e-mails, website postings, "Twitter®" or Facebook®, the concept of in-person communication has rapidly been replaced by impersonal electronic modes of communication. Practically everything we do on […]
Before trial, before discovery, even before a lawsuit is filed, a party's collection and preservation of evidence can significantly affect the outcome of a case. Therefore, as you look for additional ways to reduce liability exposure, companies […]
No one wants to suffer the embarrassment and inconvenience of their bank rejecting a debit card transaction due to insufficient funds. To alleviate embarrassment, banks often provide customers with courtesy overdraft protection. Through that protection […]
The U.S. Supreme Court issued a recent decision that clarifies the "principal place of business" rules relating to diversity jurisdiction, and which should help corporations avoid long jurisdictional disputes after removal to federal court.& […]
The issue of subrogation rights between insurance carriers in instances where an insured has multiple insurance policies has long been an issue in Texas. In 2007, the Texas Supreme Court addressed this issue, but the decision left many related […]