Arguable Property of the Bankruptcy Estate
Most creditors realize that when a debtor files a case under the Bankruptcy Code the creditor must cease all collection activity, whether that activity is directed against the debtor or against property of the bankruptcy estate. The bankruptcy estate includes all legal or equitable interests of the debtor in property, wherever located, and by whomever […]
Ramification of Supreme Court definition of supervisor for Title VII
Recently, in Vance v. Ball State Univ. the Supreme Court settled the issue as to who is supervisor for Title VII discrimination claims. For purposes of imputing liability on an employer under Title VII, a supervisor is someone who has the authority to take tangible employment action against the employee, e.g., hire, fire, demote, promote, […]
New Rules Make It Even Easier To Represent Yourself In JP Court
After August 31, 2013, new rules will go into effect that will make it even easier to represent yourself or your business in a Justice of the Peace Court. JP Courts typically hear civil cases that involve suits to collect on a debt, breach of contract cases, credit card debt cases, and landlord tenant issues. […]
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 […]
