ArticleAccommodating Transgender Employees Is Not A Theoretical OptionIn September, our firm gave presentations throughout Texas discussing office policies that could stretch into employees’ non-office activities.United StatesEmployment and HRStrasburger & Price, L.L.P.
ArticlePlaintiff’s Defamation Preempted By The FCRAPlaintiff sued Wachovia alleging violations of the FCRA and state law defamation related to Wachovia’s reporting of Plaintiff’s lot loan note. Plaintiff, a lot developer, financed a land purchase with a three-year balloon lot note with Wachovia. United StatesLitigation, Mediation & ArbitrationStrasburger & Price, L.L.P.
ArticleOMG: I Have Licensed My Trademark And Now I Am A Franchisor!A company’s trademark or brand name is often a valuable asset. A company may capitalize and exploit its trademark by licensing the use of the mark to third parties. United StatesIntellectual PropertyStrasburger & Price, L.L.P.
ArticleTwin Peaks Terminates Franchisee After Deadly Biker Brawl On PremisesIt appears the franchisor warned the franchisee about the planned meeting of the biker gangs, but the franchisee ignored any such warnings. United StatesCorporate/Commercial LawStrasburger & Price, L.L.P.
ArticleEmployee Final Pay: Don’t End Up Like Jaime LannisterBy now the whole world (and not just Game of Thrones fans) knows that the Lannisters pay their debts; but what if your employees don’t?United StatesEmployment and HRStrasburger & Price, L.L.P.
ArticleMore Than Just A Coal Miner's Daughter, Women Have Right To Work In The MinesLast month, the Equal Employment Opportunity Commission ("EEOC") filed a lawsuit against Ilinois-based Mach Mining for violating Title VII of the Civil Rights Act of 1964 by failing to hire any female miners since beginning operations in 2006, despite having received applications from "scores of" qualified women.United StatesEmployment and HRStrasburger & Price, L.L.P.
ArticleStop Employees From Taking Information To Compete Against YouAs a general rule non-compete agreements are enforceable in Texas if they are based on confidential information given to the employee by an employer that took steps to maintain the confidentiality of the information during the employee’s employment.United StatesEmployment and HRStrasburger & Price, L.L.P.
ArticleConnie Westfall Navigates Environmental Consciousness of Residents, CorporationsA new Texas law will soon take effect that big industries say is needed to cut red tape. United StatesEnvironmentStrasburger & Price, L.L.P.
ArticleManufacturers Must Soon Track And Report Payments To Health Care Professionals: Are You Prepared?The Patient Protection and Affordable Care Act of 2009 ("Health Reform Law") contains many provisions aimed at reducing health care fraud and abuse in the United States.United StatesFood, Drugs, Healthcare, Life SciencesStrasburger & Price, L.L.P.
ArticlePharmacy Compounding: The Mess, The Excuse, And The ProposalPharmacy compounding of medications predates the Food Drug and Cosmetic Act and is as old as the practice of medicine itself.United StatesFood, Drugs, Healthcare, Life SciencesStrasburger & Price, L.L.P.
ArticlePurity Or Purely Political: New York AG’s Dietary Supplement Science Fiction Feeding A Class Action Frenzy"This investigation makes one thing abundantly clear: the old adage ‘buyer beware’ may be especially true for consumers of herbal supplements..."United StatesFood, Drugs, Healthcare, Life SciencesStrasburger & Price, L.L.P.
ArticleWhen Labeling And Education Are Not Enough Declare It IllegalFDA is set to declare what every American already knows; much of what we love to eat is not safeUnited StatesFood, Drugs, Healthcare, Life SciencesStrasburger & Price, L.L.P.
ArticleZohydro and Mass UsurpationOn April 15, 2014, in Zogenix v Deval Patrick 1:14-cv-11698-RWZ, the U.S. District Court in Massachusetts ruled that the Commonwealth overstepped its power to regulate the practice of pharmacy and medicine by, effectively reversing the Food and Drug Administration's approval of the opioid analgesic Zohydro ERUnited StatesFood, Drugs, Healthcare, Life SciencesStrasburger & Price, L.L.P.
ArticleBack To Fundamentals – Unanimous Supreme Court Holds No Liability For Inducement Absent Direct InfringementThe U.S. Supreme Court recently issued a unanimous opinion making it easier for parties to circumvent method patents.United StatesIntellectual PropertyStrasburger & Price, L.L.P.
ArticleCareful With That Nonsuit, You Might Subject Yourself To Attorneys' FeesA few months ago, the Texas Supreme Court decided Epps v. Fowler, 54 Tex. Sup. Ct. J. 1759 (Tex. Aug. 26, 2011), in which it attempted to clarify if and when a defendant may recover its attorneys’ fees as a "prevailing party" when a plaintiff voluntarily nonsuits its case.United StatesLitigation, Mediation & ArbitrationStrasburger & Price, L.L.P.
ArticleClosed Sessions Under The Texas Open Meetings LawThe Texas Court of Appeals for the 14th District, Houston, issued its opinion in In Re City of Galveston on March 3, 2015.United StatesLitigation, Mediation & ArbitrationStrasburger & Price, L.L.P.
ArticleEvidence Of Seat Belt Use Now Admissible (Again)Texas jurisprudence has had a somewhat tortured history with the admissibility of evidence that a party was not wearing a seat belt.United StatesLitigation, Mediation & ArbitrationStrasburger & Price, L.L.P.
ArticleFifth Circuit: A Magistrate Judge Cannot Remand A CaseWhen a district court refers a motion to remand to a magistrate judge, is that matter a nondispositive one in which the magistrate has the authority to enter an order of remand?United StatesLitigation, Mediation & ArbitrationStrasburger & Price, L.L.P.
ArticleHow Late Is Too Late For Objections To The Charge?Rule 272 of the Texas Rules of Civil Procedure requires objections to the charge to be made before the charge is read to the jury. United StatesLitigation, Mediation & ArbitrationStrasburger & Price, L.L.P.
ArticleNo Arbitration For You (Yet)! Court Needs To See The Whole Agreement Before Deciding Whether To Compel ArbitrationIn Branch Law Firm LLP et al. v. Osborn, the Fourteenth District Court of Appeals in Houston affirmed a trial court’s denial of a motion to compel arbitration.United StatesLitigation, Mediation & ArbitrationStrasburger & Price, L.L.P.