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Title VII Gender Identity Claim Goes Forward

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 […]

Unions May Sue Their Directors for Breach of Fiduciary Duty

The Labor-Management Reporting and Disclosure Act (LMRDA) contains an implied cause of action for a union to bring a lawsuit for breach of fiduciary duties against an officer or other agent of the union, according to the U.S. Circuit Court of Appeals […]

Insurance Fraud Investigators Entitled to Overtime Pay Under FLSA

As part of its insurance business, GEICO General Insurance Company hires security investigators to work in its claims department for the purpose of investigating claims that are suspected of being fraudulent. The FLSA requires employers to pay overtime […]

Court Upholds T-Mobile’s Positive Workplace Environment Rules

The National Labor Relations Act gives employees the right to engage in activities intended to improve the terms and conditions of their employment. To enforce that right, the act makes it illegal for employers to interfere when employees engage in reasonably […]

I Notified The Consumer, But Have I Done Enough?

Every year, millions of people in the United States develop foodborne illnesses. To help alleviate this issue, President Barack Obama signed the Food and Drug Administration (“FDA”) Food Safety Modernization Act (“FSMA”) into […]

Patently Unpredictable? Patent Venue Laws After TC Heartland & In Re Cray

Venue for patent infringement cases is governed by 28 U.S.C. § 1400(b), which states that patent infringement suits can be brought in the judicial district (1) where the defendant resides or (2) where the defendant has committed acts of infringement […]

Enforcing a Non-Compete Injunction Could Require Disclosing Your Customer List

Texas Rule of Civil Procedure 683 requires that "[e]very order granting an injunction . . . shall set forth the reasons for its issuance; shall be specific in terms; shall describe in reasonable detail and not by reference to the complaint or other […]