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Insights

Target Data Breach Settlement

On November 30, 2013, I stopped at Target to purchase a birthday gift for my friends’ one-year-old daughter.  Little did I know that I would be exposed to one of the largest data breaches in retail history.  Fortunately, my bank took quick action […]

EEOC Launches First Phase of Digital Charge System

On May 6th, the U.S. Equal Employment Opportunity Commission ("EEOC") announced the launch of a pilot program called ACT Digital in 11 of its 53 offices, which allows for the digital transmission of documents between the EEOC and employers regarding […]

Kenneth C. Riney

Class Actions over Background Checks Continue

As previously reported in an earlier blog post, retailers are under attack in a wave of class actions alleging violations of the Fair Credit Reporting Act.  The allegations are essentially the same in all of these suits:  that the employer failed to […]

Michael A. Logan

Top Level Domain Name .BANK is here

For Banks, the availability of the new .bank extension presents a new and exciting opportunity.  It is intended to be a trustworthy name only for qualifying financial institutions.  This will allow the public to know they are dealing with a legitimate […]

Michael A. Logan

Texas Supreme Court Rules Expert Opinions on Fire Cause Unreliable

This past Friday, the Texas Supreme Court issued its opinion in Gharda USA, Inc. and Gharda Chemicals, Ltd. v. Control Solutions, Inc., United Phosphorus, Inc., and Mark Boyd; a case that will provide defendants with additional ammunition to attack subrogation […]

Insurance Coverage for Cyberliability: An Emerging Market

Most businesses understand that their exposure to cybercriminals is not a question of “if,” but “when.” With leaks and hacks on the rise, companies have started looking to insure against potential losses. Companies may look at two potential coverage […]

The Oklahoma Option Benefit Plan Follows Texas' Lead

Previously ranked 5th in the nation for highest worker's compensation costs, sweeping legislation took effect in Oklahoma on February 1, 2014 that allowed Oklahoma businesses to follow the example of their southern neighbors and opt-out of the worker […]

Golf Channel Learns Hazards Of Playing With A Ponzi Scheme

The recent Fifth Circuit decision in Janvey v. The Golf Channel, Inc. ("Golf Channel") reminds us again that sometimes, despite our best efforts, bad things happen to good people.  In that case, the Golf Channel learned a painful lesson arising out […]

Joseph M. Coleman

Clarifying the Meaning of “Fair Market Value” in Deficiency Suits

Section 51.003 of the Texas Property Code entitles borrowers to an offset against deficiency judgments in the amount the property’s fair market value, if, on the date of foreclosure, the fair market value exceeds the foreclosure sale price. Last month […]