Invariably, when an insured tenders a third-party claim, the first two questions asked by the insurance company are: (1) does it have a duty to defend this claim under the terms of the applicable policy; and (2) does it have a duty to indemnify its insured […]
On May 4, 2009, the United States Supreme Court issued its opinion in the consolidated cases of Burlington Northern & Santa Fe Railway Co. v. U.S. and Shell Oil Company v. U.S., 129 S.Ct. 1870 (2009), on the matters of arranger liability and joint […]
On August 27, 2009, E-Discovery Project Manager Jo'anna T. Snowden spoke to the Dallas Chapter of Women in eDiscovery on Pitfalls of Production.
On August 13, 2009, E-Discovery Project Manager Jo'anna T. Snowden presented a webinar for IPE entitled, E-Discovery and the Zubulake Duty for Paralegals.
Restaurant servers across the country often share gratuities with one another and with other service workers in their restaurant. Some restaurants have specific policies requiring servers to "tip out" colleagues. Others leave it up to servers to decide […]
Until the Texas Supreme Court's recent opinion in Galbraith Engineering Consultants, Inc. v. Sam Pochucha and Jean Pochucha, contractors, architects, engineers, and other design professionals in Texas had a common concern - the potential for liability […]
You've met with the CIO and your IT people. You've identified the different types of electronic and paper information that your company creates and maintains. You've implemented and are in compliance with a document retention […]
In the wake of massive Ponzi schemes such as those operated by Bernard Madoff and Allen Stanford, financial services companies face increased litigation risks for their roles in these schemes. Since the credit crisis began, Ponzi scheme litigation […]
Many businesses have been accused of taking advantage of consumers by charging excessively high prices during periods of disaster. Are sellers who increase their prices during times of disaster guilty of deceptive practices or, are they simply […]
Nearly six years of rule and the Texas Residential Construction Commission Act ("TRCCA") has met its fate. Since 2003, the Texas Residential Construction Commission ("Commission") has attempted to govern the residential construction […]
After decades of debate, the Texas Supreme Court has finally settled what exactly a shareholder is required to include in a pre-suit demand under the Texas Business Corporation Act (the "Act"). Despite the fact that pre-suit demand has […]