A1. The CARES Act (Act) Paycheck Protection Program (PPP) is part of a new Small Business Administration (SBA) lending program designed to provide small businesses with funds to pay up to 8 weeks of payroll costs including benefits. Funds can also be […]
The coronavirus is undoubtedly going to create contract disputes in ways that we cannot fully imagine. Parties will call their attorneys asking if they can send default letters or if they have defenses for missing contractual deadlines. Terms such as […]
According to the Small Business Administration’s (“SBA”) Office of Advocacy, small businesses create two-thirds of new jobs in the United States and are “the lifeblood of the U.S. economy.” And so it seems fitting that the […]
No matter how you feel about it, corporate sponsorship names on your favorite athletic venues are big business, and they are here to stay. What the casual sports fan does not consider are the terms, conditions, and requirements to be discussed when a […]
A force majeure clause is a contract provision that excuses both parties from liability or obligation when an event beyond the parties’ control prevents one or both parties from fulfilling contractual obligations. With the ongoing health […]
Traditionally, when analyzing if an insurer has a duty to defend, Texas law requires courts to apply the “eight-corners rule,” comparing the factual allegations in the four corners of the pleadings with the language within the four corners […]
Personal Jurisdiction allows a court to exercise power over a non-resident defendant. Without personal jurisdiction, a court could not hear a case filed against a non-resident defendant. Most lawyers equate personal jurisdiction with the phrase &ldquo […]
Defining WOTUS has been addressed in several US Supreme Court cases, most importantly Rapanos v. United States (2006). Justice Scalia wrote the plurality opinion stating that the CWA confers federal jurisdiction over non-navigable waters only if the […]
The MCS-90 endorsement is one means by which an interstate motor carrier can demonstrate compliance with minimum financial requirements established by federal statute and regulations. The application of this endorsement by the courts, however, has caused […]
Both federal and Texas state law favor arbitration as a method of dispute resolution. Generally speaking, the Federal Arbitration Act (FAA)[1] applies to any contract for a transaction involving interstate commerce, while the Texas Arbitration Act (TAA […]
An employee did not fail to provide essential information regarding the duration of her leave under the Family and Medical Leave Act (FMLA) when the employee did not herself know how long the leave would be, the 7th U.S. Circuit Court of Appeals held […]
Texas federal judge dismissed claims alleging gender identity discrimination asserted under the Affordable Care Act (ACA) and the Employee Retirement Income Security Act (ERISA) against an insurer and employer because there is no precedent that either […]