On January 5, the Federal Trade Commission (FTC) published a Notice of Proposed Rulemaking (NPRM) that will ban most non-compete clauses if finalized. The FTC’s proposed rule would strip away businesses’ best tool for preserving trade secrets and intellectual property …
How should your business respond to an EEOC charge? Before filing a discrimination lawsuit against your company, an employee must first file a charge with the Equal Employment Opportunity Commission (EEOC) or the Texas Workforce Commission (TWC). In many cases, …
What is misappropriation of trade secrets under Texas and federal law? In Pittsburgh Logistics Sys., Inc. v. Barricks, the Southern District of Texas recently denied summary judgment motions filed by Pittsburgh Logistics Systems (PLS) against a former employee for misappropriation …
Is there a fundamental right to earn a living that is recognized by the courts? In Golden Glow Tanning Salon v. Columbus, the Fifth Circuit Court of Appeals affirmed a grant of summary judgment against the plaintiff tanning salon who …
If an individual or business is causing harm to your business in Texas, you may consider sending a “cease-and-desist letter” warning them to stop what they are doing. In many cases, your cease-and-desist letter will warn that you intend to …
On October 13, 2022, the Department of Labor (DOL) published a new proposed rule on independent contractors that is likely to result in findings that some independent contractors have been misclassified under the Fair Labor Standards Act (FLSA) and may …
Do Judicial Prayer Sessions in the Courtroom Violate the Establishment Clause? In Freedom from Religion v. Mack, the Fifth Circuit Says It is Constitutional In what may be the first case to head to the US Supreme Court challenging judicial …
Depending on the circumstances, removal of the executor of an estate in Texas can be difficult, but there are statutory grounds that make it possible. The executor of an estate has fiduciary obligations to the beneficiaries of the estate and …
Can you “pierce the corporate veil” in Texas? You can, but “piercing the corporate veil” may not be as easy as you think. Plaintiffs often seek to “lift the corporate veil” to make corporate officers, directors, shareholders, or affiliated corporations …
The unintentional disclosure of privileged or confidential information in discovery responses is an ever-present fear for civil litigators who understand the damage that it can cause, not only to their client’s case but, as in the case of the recent …
