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 …
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 …
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 …
Employer Drug Testing Laws in Texas
There are no employer drug testing laws in Texas for private employers, although there may be workplace drug testing requirements or restrictions for some government employers, employers subject to DOT’s drug testing rules, companies with federal contracts or grants, and …
Intellectual Property Concerns for Texas Businesses
Your business’s intellectual property may be among its most valuable assets, and protecting those assets is critical to your company’s success. In this article, we will discuss how your Houston, Texas intellectual property lawyers can help you to understand and …
Good News from the Supreme Court
City of Chicago v. Fulton: §362’s Automatic Stay Provisions do not Apply to Property in a Creditor’s Possession at the Time of Filing of a Bankruptcy Petition In City of Chicago v. Fulton, decided January 14, 2021, the US Supreme …
How to Form a Nonprofit Corporation in Texas
How do you form a nonprofit corporation in Texas? You are not required to incorporate to form a nonprofit organization in Texas, but many nonprofits do to take advantage of both the tax-exempt status of a nonprofit organization and the …