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Discoverability of Settlement Agreements in Multiparty Cases

Retailers, restauranteurs, and hoteliers sometimes find themselves involved in litigation involving multiple parties. Often, when multiple parties are involved, a settlement is reached with one or more parties but not with others. In those cases, business […]

Supreme Court Rules Auto Dealership Service Advisors are Exempt from Overtime

The United States Supreme Court issued an opinion on April 2, 2018 that Service Advisors working at a California Mercedes Benz dealership were exempt from the Fair Labor Standards Act and not entitled to overtime. In a 5-4 opinion, the Court held that […]

4 Tips for a Better (Loan) Workout

Business bankruptcy filings have dropped by more than one-third over the last five years. One potential reason for this drop is that lenders have increasingly sought non-bankruptcy solutions for defaulted or distressed loans. Virtually all non-bankruptcy […]

Brian W. Clark

Shaken and Stirred: Federal Court Declares Texas Alcohol Laws Unconstitutional

On Tuesday, United States District Judge Robert Pittman issued a fifty-page order that will likely have a profound impact on retailers that currently sell or are looking to sell alcoholic beverages in Texas. The lawsuit, brought in 2015 by Wal-Mart Stores […]