Beginning in 2010, numerous lawsuits were filed against automated teller machine ("ATM") operators in Texas asserting violations of the Electronic Funds Transfer Act ("EFTA"). The EFTA protects consumer accounts established primarily for personal, […]
The U.S. Department of Labor recently finalized a rule to extend the protections afforded by the Family Medical Leave Act to married same-sex couples. The new "place of celebration" rule allows all legally married couples, whether traditional same […]
With the 2015 tax filing season upon us, it is important that bankers understand their reporting and filing obligations under the federal income tax laws upon discharge of debt. Generally, for debt that was forgiven during 2014, a creditor should have […]
The 2015 NCAA Men’s Division I Basketball Tournament, affectionately referred to as “March Madness,” begins today. The NCAA Tournament garners millions of viewers and advertising dollars. This event brings two issues to the forefront for employers […]
Practitioners usually state that the limitations period for bringing suit on a promissory note is four years. This view is based on Texas Civil Practice and Remedies Code § 16.004(a)(3) which provides that a person must bring suit on an action for […]
The Supreme Court is currently considering the case of Wellness International Network, Ltd. v. Shariff. As discussed in the blog post on February 16, 2015, at issue in the Wellness International Network case is "whether Article III of the United […]
The Texas Constitution details the required terms and conditions of home equity loans and the rights and obligations of borrowers and lenders on such loans. Homeowners who have either entirely repaid their home loans or who have accumulated equity […]
In a recent ruling, the Ninth Circuit held that a seller was liable under the law of fraudulent conveyance to the bankruptcy trustee for the portion of the purchase price funded by a company controlled by the buyer, which was actually a Ponzi scheme, […]
The Supreme Court has an opportunity to clarify the constitutionality of the allocation of power between federal district courts and bankruptcy courts. On July 1, 2014, the Supreme Court granted certiorari in Wellness International Network, Ltd. v. Sharif […]
The enforcement of a liquidated damages clause can mean the difference between money in a party's pocket with little effort versus a protracted and expensive court battle. To learn more, click on the link below to an article recently published […]
Retailers are getting hit with a tsunami of class action litigation alleging violations of the Fair Credit Reporting Act ("FCRA"), Federal Trade Commission ("FTC") guidelines, and related state laws. In general, these lawsuits […]
First, the Act has expanded the list of work related injuries that all covered employers must report. Employers must continue to report all work-related fatalities within 8 hours. However, under the new rules, employers must also report all work- […]