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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
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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A Higher Hurdle Imposed for ADA Plaintiffs in the Second Circuit
Labor and Employment Law
Richard S. Finkel
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Personal Jurisdiction Over a Foreign Ship Manager: A Claim-By-Claim Analysis
May 16, 2019
Carmona v. Leo Ship Mgmt, Inc.; No. 18-20248, 2019 WL 2067296* (5th Cir. May 10, 2019).
Douglas P. Matthews of King & Jurgens,
Offshore Winds Blog
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Washington’s Data Breach Law is Changing – Expanding Definition of “Personal Information” and Adding New Notification Requirements
May 15, 2019
Bobby N. Turnage, Jr.,
Sands Anderson PC
Sands Anderson Cybersecurity & Technology Team Leader Bobby Turnage writes on the upcoming changes to Washington State's data breach notification law.
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Action against Beard Winter client Southside Construction dismissed with costs
May 14, 2019
David A. Decker, Commercial Litigation Lawyer, Beard Winter LLP
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Lessor’s Acceptance of Royalty Payments Did Not Waive Anti-Pooling Clause
May 14, 2019
Thomas G. Ciarlone, Jr. - KRCL - The San Antonio Court of Appeals recently determined that the acceptance of royalty payments will not necessarily operate as a waiver of a mineral lease’s anti-pooling provision.
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2018 Farm Bill and Federal Trademark Protection for Hemp
May 14, 2019
Erica Rogers,
Ward and Smith, P.A.
Hemp breeders, growers, processors, manufacturers, distributors, and retailers can now seek federal registration for trademarks or service marks (collectively, "marks") by submitting an application with the USPTO.
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Public Safety Comes First – Duties and Obligations of Ombudsmen in Healthcare Bankruptcies
May 12, 2019
Paul Hammer - KRCL - Debtors are generally required to employ, at their cost, a specialized professional, i.e., an ombudsman, who will monitor the quality of patient care being provided during the case. This blog dives into the role that ombudsman play in healthcare bankruptcies.
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