Last August, the United States joined Canada and Mexico to renegotiate the North American Free Trade Agreement more than 20 years after its enactment. Despite the political rhetoric surrounding what President Trump has termed “the worst trade deal […]
It is no secret that the advent of online commerce has eroded the value of retail properties for landlords and tenants alike. Brick and mortar - or stick and brick - retailers have been steadily losing market share to online giants such as the […]
In the past few years, the Consumer Financial Protection Bureau ("CFPB") has focused on taking action against multiple financial institutions for their overdraft services practices. These practices are regulated by the Federal Reserve Board’s “Regulation […]
Following the recent mass shooting in Las Vegas hoteliers are taking a second look at balancing guest security with a welcoming atmosphere. Some have described security in the hospitality industry as a "conundrum" because "the concept […]
A provider is someone who sells or serves alcoholic beverages. Generally, in Texas, providers are licensed and regulated by the Texas Alcoholic Beverage Commission ("TABC"). However, a person need not be licensed by the TABC to be classified as a […]
In an era where retailers face mounting pressures forcing increased store closings and bankruptcy filings, the full impact on the industry in the wake of devastation caused by Hurricane Harvey is still unfolding. A preliminary estimate by Moody's Analytics […]
In November 2016, I wrote in this blog about Guidance issued by the Antitrust Division of the Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) (collectively the “Agencies”),[1] concerning the application of the antitrust […]
It’s been one month since Hurricane Harvey made landfall in Rockport, but most companies are just now fully appreciating the after-effects. Some companies still haven’t reopened, and many more have had to make tough decisions about their workforce […]
There were fireworks yesterday at an open public meeting of the Texas Railroad Commission, the state regulatory body responsible for keeping tabs on the oil and gas industry. Following a variety of routine housekeeping matters, the agency's General Counsel […]
The guidance concedes that cooperation among federal, state and local agencies will be necessary in the rebuilding of the Gulf Coast and the United States’ Caribbean holdings, and the guidance further acknowledges that recovery is likely to “require […]
Force Majeure is a civil law concept (French for “superior force”), but in U.S. law it is largely a creature of contract. Force majeure comes into play when “acts of God” or other extraordinary events prevent contractual performance.[1] In the […]
By now, the names Harvey and Irma have become synonymous with havoc and destruction. Aside from the devastating effects of these storms on personal property, they also caused businesses to grind to a halt. Flooding, loss of business inventory, irreparable […]