On Friday, the Texas Supreme Court issued a significant decision covering premises liability. Specifically, it determined whether premises liability exists for a prior owner that designed and implemented a dangerous condition on the land, but then […]
In 2015, the health care industry faced a wave of cyberattacks greater than in any previous year, with IBM reporting that close to 100 million records were compromised. Personal medical records now sell for a much higher price than credit cards on the […]
Two meaningful developments have transpired in the Occupational Safety & Health realm. First, the fines for violations have been adjusted for inflation and significantly increased. Second, employers may now report fatalities and other serious […]
Texas and federal bank examiners intend to focus more closely on banks' cybersecurity practices in 2016. The Texas Department of Banking's September 15, 2015 Industry Notice 2015-8 announced it was "requiring that all banks measure their […]
Has your bank or other business been sued for violating the Truth In Lending Act's ("TILA") requirement for a notice of mortgage transfer based on a mortgage you acquired before May 20, 2009? If so, then a recent Ninth Circuit decision […]
Trade secrets come in many forms. They commonly include customer lists, programming data, pricing information, cost matrices and secret recipes. Whatever information a company develops or acquires for the purpose of having a competitive edge that […]
Companies seeking to confirm a Chapter 11 bankruptcy plan typically include releases that discharge the bankrupt company (the debtor) from liability on claims, thereby giving the debtor a chance to emerge from bankruptcy and seek a profitable future.& […]
That each of my children shall have and hold an undivided one third (1/3) of an undivided one-eighth (1/8) of all oil, gas or other minerals in or under or that may be produced from any of said lands, the same being a non-participating royalty interest […]
A recent Fifth Circuit decision is helpful for lenders seeking to foreclose against a borrower asserting a Texas statute of limitations defense. In Boren et al. v. U.S. National Bank Association, the Borens failed to pay on a home equity note in 2008 […]
On January 1, 2016, the Texas open carry law, House Bill 910 ("HB 910"), goes into effect. The law allows qualified individuals to carry openly displayed, but properly holstered, handguns into public businesses—including banks. This blog […]
Debt collectors should be aware that they may need to quickly turn over their financial information in class actions brought under the Federal Debt Collection Practices Act (the “FDCPA”). According to a federal district court in Indiana, […]
This post concludes our summary of the recent Fifth Court of Appeals decision, JP Morgan Chase Bank, N.A. v. Borquez et al., 2015 WL 6690027 at *19 (Tex. App.—Dallas Nov. 3, 2015, no pet. h.), reversing a $4.3 million verdict against Chase […]