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Insights

LITIGATION ALERT: Top-Level Domain Names: A New Frontier

First, think back to October 2013—the federal government had just experienced a 16-day shutdown and the internet only had 22 generic Top-Level Domains ("gTLDs").  Of these 22 gTLDs, there were less than a handful of gTLDs which were […]

Michael A. Logan

Tenants Beware: Your Landlord's Bankruptcy Could Result in a Lost Lease

It is unfortunate, but true: a commercial tenant may someday be required to deal with a bankrupt landlord.  Any bankruptcy filing can be complicated and chaotic.  But, a tenant faced with a landlord's is more than just a creditor who is […]

EEOC Puts Severance Agreements In Its Crosshairs

It may be time to reassess what are widely considered to be standard provisions in your severance agreements. One of the EEOC’s latest initiatives is to target fairly routine provisions in severance agreements, including non-disparagement, non-disclosure […]

Statutory Limitations on Claims for Negligent Hiring and Supervision

On June 13, 2013, Governor Rick Perry signed H.B. 1188, codified under Texas Civil Practice & Remedies Code § 142.001, et seq., that is designed to limit claims against employers for negligent hiring and supervision of employees.  Pursuant to § […]

The Non-Compete Reasonableness Requirement

In Texas, non-compete reasonableness restricts an employee’s ability to compete against her former employer must comply with the Texas Business and Commerce Code Section 15.50(a).  Aside from being ancillary to or part of an otherwise enforceable […]

Richard L. Hathaway

Fully Secured Creditor May Still Face Preference Exposure

A recent, troubling decision by the United States Bankruptcy Court for the Southern District of California in Gladstone v. Bank of America (In re Vassau) concluded that alleged preferential payments made to a fully secured creditor might be recovered […]