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Evolving Cybersecurity Threats

Personal information—information from your customers, employees, or your business itself—has become currency for criminals. Consequently, evolving cybersecurity threats for every business, regardless of size or industry, should be concerned with […]

EEOC Ramps Up Attack On Mandatory Arbitration Agreements

Over the course of its history, the U.S. Equal Employment Opportunity Commission ("EEOC") has disfavored the application of mandatory arbitration agreements within the employment context.  Indeed, until the decision in Circuit City Stores, Inc. v. Adams […]

How Bankruptcy Affects Franchise Agreements

Few assets in the hospitality industry are more valuable and important than the franchise agreements.  The bankruptcy filing of a franchisor or a franchisee can greatly increase the uncertainty of how and when the provisions of a franchise agreement […]

Corporate Representative Depositions in Texas: The Basics Explained

If your company becomes involved in litigation, chances are it will be asked to present a corporate representative for deposition.  A corporate representative deposition is one in which the company names a person to testify on behalf of the company […]

The Power of a Trust Fund Claim: Paying Milk Producers First

The Texas Agricultural Code requires milk processors to hold funds in trust for the benefit of milk producers, including dairies and cooperatives.  A trust fund is a powerful tool that will allow a milk producer to be paid ahead of other creditors […]

The Art of Defending Preferential Transfers – Part Two: The Defenses

Learning how to defend a preferential transfer action is a particularly useful art for the credit professional.  In Part One, we discussed the Bankruptcy Code's specific requirements that must be established by the debtor or trustee in order for a transfer […]