Anyone familiar with the retail industry is aware that 2017 has been a year of myriad challenges and increasing store closings. This trend is not isolated to simply small retailers or retailers with worldwide name recognition – the problem is one faced […]
On July 27, 2017, Halliburton agreed to settle a cease and desist proceeding brought by the Securities and Exchange Commission (“SEC”), charging it with violating the books and records and internal accounting controls provisions of the Foreign Corrupt […]
Ban-the-Box is a movement started by grass roots organizations to remove the criminal history check box from employment applications. Ban the Box has been the mantra of its supporters for allowing convicted felons to integrate back into society through […]
The United States Supreme Court will soon decide whether state or federal law will apply to the recharacterization of debt. On June 27, 2017, the Court granted certiorari in In re Province Grande Olde Liberty, LLC, a decision out of the Fourth Circuit […]
Courts demand rules for employee conduct, but, when employers oblige and spell out what seem to most to be common sense “I-learned-that-in-kindergarten” rules, they may run into trouble under Section 7 of the National Labor Relations Act (“NLRA […]
On June 26, 2017, a group of New Jersey citizens sued Burlington Coat Factory ("Burlington") in a class action lawsuit alleging that the stores' merchandise tags includes a "Comparable Value" price that is misleading to the average consumer. The lead […]
This baby is called the Texas anti-SLAPP law,[i] or the Texas Citizens Participation Act (“TCPA”).[ii] The birth was attended to by then-Governor Perry who brought the swaddling law to eagerly-awaiting, yet diverse, “parents,” such as the Better […]
We began 2Q17 with a discussion of the intersection of the oil patch with class actions and the Fair Labor Standards Act; the federal government’s liability for the environmental cleanup of refinery waste; and a shortsighted discovery ruling that could […]
In 1987, the Texas legislature enacted the Texas Dram Shop Act. Prior to such time, Texas law did not impose liability on sellers of alcohol who "over-served" intoxicated patrons. Rather, the over-served patron was considered responsible for his/ […]
Our energy law podcast is back from a brief hiatus for the Independence Day holiday with a quick look at the legal developments in oil-and-gas law that July has brought us so far.
Increasingly, class actions are—for all intents and purposes—won or lost at the certification stage. After all, if a class is certified, especially under the heightened standards for class treatment that have been articulated by the United States […]