The Bankruptcy Proofs of Claim
Having someone who owes you money file bankruptcy is bad enough. Having the trustee, or another creditor, object to your claim adds insult to injury. Attention to detail in the preparation of your proof of claim can help minimize the risk that someone will object to the allowance of your claim. Bankruptcy Rule of Procedure […]
United States v. Windsor
The 1996 Defense of Marriage Act, or DOMA, was signed into law by President Bill Clinton, barring federal recognition of same-sex marriages for purposes such as Social Security survivors’ benefits, insurance benefits, immigration and tax filing. On June 26, 2013, the U.S. Supreme Court issued its decision in United States v. Windsor, Docket No. 12-307, […]
Unintended Consequences Of Allowing Employees To Use Business Email Systems For Personal Matters
The workplace has become more automated with many employers finding it convenient to provide employees access to internal email and internet capabilities. However, the extent to which access is allowed for non-business related matters may affect an employer in ways it does not intend. In particular, your policy may violate the National Labor Relations Act […]
Similar Lawsuits Pending in Multiple Texas Counties Can Have All Pretrial Matters and Summary Judgment Motions Consolidated and Decided by a Single Court
The Texas Rules of Civil Procedure readily permit a single trial court to consolidate cases with common facts or otherwise. But they do not say anything about consolidating cases pending in different counties even where the same material facts are involved. The rules to consolidate “multidistrict” litigation lie within the Texas Rules of Judicial Administration […]
Can an Oral Modification Change a Written Agreement?
[1] Many contracts contain clauses that require modifications to a written agreement to also be in writing, but they are not always enforceable. “No Oral Modification” clauses—or, NOM clauses—are often included in commercial business contracts as boilerplate terms for the purpose of limiting future unintended contract modification or amendment. Unless the statute of frauds applies, […]
New Law Restricts Owners’ Right to Require Contractors to Indemnify
One of the most important terms of a commercial construction contract is the provision that allocates the risk of accidents on the project. For many years, it was common practice for owners to require contractors to indemnify and defend the owner against all damages and liabilities the owner might incur in connection with the construction, […]
The Dangers of Accessing Emails and Other Electronically Stored Information Without Permission
Emails and other electronic communications at work are often not only part of the job description, they are also hard to prevent even when they are not job related. While emails and other electronic communications at work should be strictly work related, it is all too common for employees to send and receive emails regarding […]
New Form I-9 issued by USCIS
USCIS has issued a new form I-9, a link to which appears below. Although employers should begin using the 03/08/13 dated form right away, older forms dated 02/02/09 and 08/07/09 will be accepted until May 7, 2013. After May 7, 2013, only the 03/08/13 will be accepted. I-9 compliance is an area of increasing exposure […]
Employers Required to Allow Time Off for Voting
The current national election has prompted more interest than most elections in recent years. In anticipation of an active election day, employers should plan now for employee absences to vote. Many states require employee time off to vote on election day unless there is a sufficient amount of time to vote outside of the employee’s […]
The Dreaded Tangle of a Business Decision Deadlock
Imagine the following scenario: You and a childhood friend reconnect over lunch. Both of you have been looking for a new business opportunity for some time. You come up with a great new idea and a strategy for putting that idea into operation. Each of you wants to put the same amount of seed money […]
