Late last week, the Federal Trade Commission filed an amicus brief in Davidson v. Capital One Bank (USA), N.A.,[1] a case brought by a consumer complaining of Capital One’s efforts to collect on a defaulted credit card. If adopted, FTC’s […]
Preference litigation is frequently a game of poker between a bankruptcy trustee and creditors in which the trustee begins with a significant advantage – the lawsuit. In most cases, simply filing a lawsuit ensures that the bankruptcy trustee will leverage […]
Syracuse University’s Transactional Records Access Clearinghouse (“TRAC”), a research center established in 1989 to obtain detailed information regarding various filings at federal agencies, recently released data concerning the number of overtime […]
One of the most significant employment law risks currently facing employers are collective action lawsuits brought by current or former employees claiming they were not paid overtime. These lawsuits are often the result of misclassifying employees as […]
Chesapeake has not had a good run in the courts lately. It has been hammered over the last year with lawsuits brought by mineral lessors alleging that the natural gas giant has swindled them out of millions of dollars in royalty payments. And the plaintiffs […]
The United States District Court for the Southern District of Ohio was recently presented with a strange set of facts regarding a purported licensee under the Perishable Agricultural Commodities Act (PACA). The issue was whether an acknowledged mistake […]
Those of us representing employers in the oil patch know the sad scenario all too well. Exceedingly well paid employees and contractors seek even more pay, usually once terminated, through a long-standing law, the Fair Labor Standards Act (the “Act […]
The United States Court of Appeals for the Fifth Circuit recently reviewed a district court’s decision to certify a class of investors in British Petroleum securities. The case, Ludlow v. BP, P.L.C., No. 14-20420, centers on BP’s alleged misstatements […]
In Lightning Oil Co. v. Anadarko E&P Onshore, LLC, the Texas Supreme Court recently declined to consider an appeal from a Fourth Court of Appeals decision denying Lightning’s request for a temporary injunction that would have blocked Anadarko from […]
You may wonder how a company president might be liable given the fact that we are talking about an entity that was the official “employer,” and corporate law, generally, provides a shield for individuals who work at the company, whether as employees […]
The new TILA-RESPA Integrated Disclosures ("TRID") go into effect Saturday, October 3, 2015. Consequently, it is important for lenders to review the new forms and understand the timelines which will govern most consumer lending transactions secured by […]
The Supreme Court of Texas has taken up an appeal that could ultimately change the landscape of oil and gas law and spur a new generation of production payment litigation. Depending on the Supreme Court’s decision, Texas law may in the future hold […]