Under the Americans with Disabilities Act (“ADA”), employers are required to provide reasonable accommodations (or changes to the employee’s workplace or job) to employees with disabilities. To effectuate such accommodations, employers are required […]
The Office of the Comptroller of the Currency recently announced that the President has designated October as National Cybersecurity Awareness Month. OCC’s statement emphasizes the regularity of cybersecurity breaches and the need for financial institutions […]
Before filing a lawsuit or initiating an arbitration proceeding pertaining to a construction defect, a condominium association in Texas with eight or more units must now comply with the newly added Section 82.119 to Chapter 82 of the Texas Property Code […]
Class action lawsuits relating to background checks of applicants and current employees are a very hot area among plaintiff's employment lawyers. The number of Fair Credit Reporting Act (FCRA) lawsuits has proliferated significantly over the past couple […]
This is the situation in which Houston based Hyperdynamics Corporation (“Hyperdynamics”) found itself. In September 2013, Hyperdynamics received subpoenas from the DOJ pertaining to potential violations of the Foreign Corrupt Practices Act (“FCPA […]
Physician employment may well be here to stay. And that is a big problem for physicians and patients, alike. Goodbye, independent physician judgment and hello corporate practice of medicine. Even more reason to review the tips in my Physician's Guide […]
Listing under the Endangered Species Act (ESA) would have gained the Greater Sage-Grouse greater protections in its natural habitat, and made production of minerals in those same areas all the more difficult. The bird, although not flightless, primarily […]
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 […]
Conducting background checks is both a necessary and risky venture that employers take on when hiring and retaining employees. Employers are increasingly finding themselves in litigation challenging the use of background checks as part of the screening […]
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 […]
In Texas, physicians have unique statutory rights that must be met before a non-competition agreement can be enforced against them. See Section 15.50(a) of the Texas Business Code. At first blush, these statutory requirements appear to give physicians […]
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 […]