Do non-disparagement and confidentiality clauses in severance agreements violate Sections 7 and 8 of the National Labor Relations Act (NLRA)? The answer depends on the prevailing political winds – under President Trump’s NLRB, severance agreements containing these provisions were not …
Do you have a First Amendment right to say what you want, when you want, and where you want? If so, does that prevent social media platforms and other online businesses from moderating the content you publish on their platform? …
ESG is a phenomenon in the business world that is here to stay. It is a broad, amorphous concept that encompasses many areas of concern, and, like it or not, it has become a critical part of corporate counsel’s role …
Is after-acquired evidence still a defense against employment law claims? What happens when an employee files a wrongful termination claim, and then the employer discovers (after the action has been filed) that there were grounds for a lawful termination? In …
On December 19, 2022, the Fifth Circuit Court of Appeals upheld a Louisiana District Court’s preliminary injunction blocking the Biden Administration’s vaccine mandate for federal contractors. What does that mean for businesses that would have been affected by the mandate? …
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 …
