The Fifth Circuit recently held that a daily rate employee who made over $200,000 per year was nevertheless entitled to overtime wages. There are two key takeaways from this case for employers. First, employers should not assume they will not
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Howdy, General Partner: Who to Serve when Suing a Texas Limited Partnership
In a rare error-correction case, the Texas Supreme Court—speaking by per curiam opinion—reversed a decision by the Fifth Court of Appeals in Dallas that had incorrectly validated service of process on an owner, president, and CEO of a limited partnership.…
Executive Order From Texas Governor Impacts Employers Decision on COVID-19 Vaccine Mandate
On October 11, 2021, Governor Greg Abbott issued an Executive Order stating that “No entity in Texas can compel receipt of a COVID-19 vaccine by any individual, including an employee or a consumer, who objects to such vaccination for any…
E-Sign of Things to Come from the Texas Supreme Court
The Texas Supreme Court recently grappled in Aerotek, Inc. v. Boyd with the manner in which Texas court must evaluate proof of electronic signatures in the context of an arbitrability dispute. In doing so, the Court established firm ground rules…
Texas Legislature Expands Recovery of Attorneys’ Fees under Texas Civil Practice and Remedies Code Chapter 38
The Texas Legislature passed House Bill 1578 on May 31, 2021. Governor Abbott signed it into law on June 15, 2021. Effective September 1, 2021, Texas Civil Practice and Remedies Code Chapter 38.001(b) will allow successful plaintiffs in breach of…
The Biden Administration has turned its sights on limiting the enforcement of non-competes: how will your business be affected?
On July 9, 2021, President Biden issued an executive order to address, among other things, the preservation of a fair, open, and competitive marketplace in the American economy. Specifically, the order notes that:
“[B]road and sustained prosperity depends on an…
Texas Seeks to Protect Businesses from COVID-19 Lawsuits
The Texas Legislature is set to pass new legislation that could potentially put a stop to pending and future lawsuits asserting damages related to COVID-19 exposure. If done, it would accomplish what the U.S. Congress was unable to do earlier…
Lying Behind the Log: What You Do Know Can Hurt You
When it comes to buying a business, what you don’t know may hurt you, but what you do know could hurt you as well. What’s going on? Choice of law is going on, specifically, the choice of law provision in…
What about Depositions? Three Tips to Prepare
Most people probably know that a deposition is an important fact-finding tool used in litigation to uncover information, but very few non-litigators know what to expect unless they have experienced a deposition first-hand.
Almost every business dispute that leads to…
Does Your Favorite Local Restaurant or Bar Need Financial Help? The Restaurant Revitalization Fund Could Help!
The American Rescue Plan Act passed into law on March 11, 2021, established the $28.6 billion Restaurant Revitalization Fund (the “Fund”), which is to provide federal grants to certain eligible entities. The Small Business Administration, which is administering the Fund,…