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 …
When You Should Send a Cease-and-Desist Letter and What to do if Your Business Receives One
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 …
Department of Labor Issues New Proposed Rule on Independent Contractors
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?
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 …
How Do You Remove an Executor of an Estate in Texas?
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 …
Piercing the Corporate Veil in Texas
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 …
Inadvertent Disclosures in Civil Proceedings: How to Avoid Unintentional Waiver of Attorney-Client Privilege
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 …
What Kinds of Property Can Be Placed in a Revocable Living Trust?
A revocable living trust is an estate planning document that allows its trustee to actively control many properties and possessions during an entire lifetime. Both new and older possessions can be freely moved in and out of this trust and …
Handling Employee Requests for Religious Accommodations
Whether you’re running a large corporation or a small business, it can be challenging to properly reply to employee requests for religious accommodations. However, if you’ll listen carefully to what’s being asked and thoughtfully weigh all your options, you should …
Corporate Fiduciary Duties in Texas
What are the corporate fiduciary duties of corporate officers and directors in Texas? When corporate officers and directors make decisions and take actions on behalf of the corporation, they must put the company’s interests above their own and take care …