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News, Insights & Events
Many of the attorneys in the Law Firm Alliance author articles and thought leadership pieces on important topics and trends covering a wide variety of practices.
While these articles are correct on matters of law when they are produced, verdicts, rulings, legislation and other actions may affect the applicability of some of the information. Please consult your legal advisor before making decisions on the information you read here.
Articles
Fourth Circuit Provides Relief to Chapter 13 Debtors for Some Underwater Mortgages
June 10, 2019
Lance Martin, Creditors' Rights Attorney,
Ward and Smith, P.A.
In a victory for Chapter 13 debtors, the United States Court of Appeals for the Fourth Circuit recently issued a major decision that changes the way bankruptcy courts in North Carolina will deal with certain home mortgages in Chapter 13.
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Failure to Launch: Eminent Domain Breaks Down in the Texas Legislature
June 9, 2019
T. Kelly McKee - KRCL - Eminent domain proceedings in Texas are a complex process governed by multiple constitutions, laws, and regulations.[1] Through this process the Texas government, its agencies, and authorized private entities acquire land to advance initiatives relating to economic development, energy, transportation, public works, and utilities. However, eminent domain proceedings can leave private landowners feeling harassed or ripped off; and can put the industry behind schedule in critical projects while costing it valuable resources.
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USDOL Announces Technical Updates to NLRA Poster Under Executive Order 13496
Labor and Employment Law
Larry P. Malfitano, Bond, Schoeneck & King
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Communicating with Other Lawyers and Third Parties
June 6, 2019
Ensuring Respect and Civility
Jeffrey Hamilton Geiger,
Sands Anderson PC
I spoke recently on a national teleconference on the topic of “Attorney Professionalism: Translating Philosophy into Daily Practice.” My comments addressed the unremarkable proposition that legal incivility among lawyers is not ethically acceptable. Many states and bar organizations have adopted “principles of professionalism” that, even if without the force of law, provide guidance that is not simply aspirational.
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Bankruptcy Rejection of Trademark License No Different Than Breach of License by Debtor
June 4, 2019
Eric C. Howlett & Klementina V. Pavlova,
Sands Anderson PC
Recently, in Mission Product Holdings, Inc. v. Tempnology, LLC, the Supreme Court of the United States decided that rejection of a trademark license by a licensor-debtor in bankruptcy generally does not rescind the right of a licensee to use the trademark.
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Beard Winter successfully obtains judgment for University Plumbing & Heating Ltd.
May 29, 2019
Robert Harason, Commercial and Construction Litigation Partner, Beard Winter LLP
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Energy-Related Bankruptcies on the Rise: Protecting Oil & Gas Royalty Interests
May 27, 2019
Paul Hammer - KRCL - With the recent uptick in energy-related bankruptcies expected to continue for the foreseeable future (in one prominent example, industry giant Weatherford has just filed for Chapter 11 protection), oil and gas royalty owners need to be on alert.
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Title VII Gender Identity Claim Goes Forward
May 23, 2019
F. Colin Durham - KRCL - Texas federal judge dismissed claims alleging gender identity discrimination asserted under the Affordable Care Act (ACA) and the Employee Retirement Income Security Act (ERISA) against an insurer and employer because there is no precedent that either act recognizes any such claim. But the employee’s claim under Title VII of the Civil Rights Act of 1964 was allowed to proceed.
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GDPR - Year One: Practitioners’ Perspective
May 22, 2019
Dawn Newton and Shruti Bhutani Arora
May 25th marks the first anniversary of the enforcement of the European Union's General Data Protection Agreement (GDPR). GDPR has ushered in a new era of data privacy and security laws and compliance.
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“Rip-and-Tear Damages” In Construction: A Roadmap For Coverage Where None Existed?
May 21, 2019
Ashley Veitenheimer - KRCL - Prior to 2015, Texas law held that rip-and-tear damages were covered if there was underlying covered property damage in the first instance. See Lennar Corp. v. Markel Amer. Ins. Co., 413 S.W.3d 750 (Tex. 2013). That all changed with U.S. Metals v. Liberty Mutual Ins. Group, Inc., 490 S.W.3d 20, 22 (Tex. 2015).
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Regulation of Workplace Violence Under OSHA’s “General Duty” Clause
May 21, 2019
Michael Logan - KRCL - Workplace violence, defined by the Occupational Safety and Health Administration (“OSHA”) as “any act or threat of physical violence, harassment, intimidation or other threatening behavior that occurs at the worksite” has become front and center in the minds of many employers. It is an increasingly important topic of discussion, with important legal ramifications.
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Goodbye Steel and Aluminum Tariffs! (For Mexico and Canada Metals)
May 20, 2019
Demetri Economou - KRCL - In a recent KRCL Energy Practice Group seminar, I discussed the genesis and impact of metal tariffs imposed by the Trump administration. These Trump Tariffs have had a tremendous impact on energy infrastructure construction and midstream activities throughout the United States, prompting companies to seek relief (in the form of product exclusions) with the Department of Commerce and in the courts.
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