ArticleDebra Innocenti Comments On ‘Revenge Porn' LegislationThe Texas Legislature is preparing to approve a bill which would criminalize the nauseating development known as ‘revenge porn...United StatesMedia, Telecoms, IT, EntertainmentStrasburger & Price, L.L.P.
ArticleFCRA Does Not Support Private Plaintiff’s Claim For Equitable ReliefFacts: Plaintiff filed suit against Bank of America, FIA Card Services, Trans Union, Equifax, and Experian for violation of the FCRA seeking statutory and economic damages, attorneys’ fees and costs, and declaratory relief.United StatesConsumer ProtectionStrasburger & Price, L.L.P.
ArticleNalle Plastics: Attorney's Fees Don't Need To Be Superseded On AppealThe Texas Supreme Court has resolved a question our courts of appeals have been unable to uniformly answer: Must attorney’s fees be superseded on appeal?United StatesLitigation, Mediation & ArbitrationStrasburger & Price, L.L.P.
ArticleAnother Required Notice To Employees – When Will It End???Last week’s blog highlighted the resurgence of the NLRB and its recent efforts to re-enter the workforce, including a proposed rule requiring all employers to advise employees of their rights under the NLRA. United StatesEmployment and HRStrasburger & Price, L.L.P.
ArticleConsumer Financial Protection Bureau: An OverviewThe Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 established the Consumer Financial Protection Bureau (CFPB) in July 2010. United StatesFinance and BankingStrasburger & Price, L.L.P.
ArticleGovernment Shutdown: DOT - Operations During A Lapse In Annual AppropriationsClick here to read the information belatedly posted by USDOT on Tuesday night, specifying the functions that each of its component agencies will and will not perform for the duration of the governmental shut-down. United StatesGovernment, Public SectorStrasburger & Price, L.L.P.
ArticleUS Supreme Court Adopts New Approach To Fee Awards In Copyright LitThe Court cautioned that a finding of objective reasonableness is not controlling and does not create a presumption against granting fees.United StatesIntellectual PropertyStrasburger & Price, L.L.P.
ArticleDebra Innocenti Weighs In On Cyber Bullying And The LawAfter the tragic suicide of cyber bullied Alamo Heights teenager David Molak, a lot of politicians have jumped in and promised to introduce ‘David's Laws'...United StatesMedia, Telecoms, IT, EntertainmentStrasburger & Price, L.L.P.
ArticleUSDOT vs. Trucks: The Regulatory Firestorm ContinuesIn the tenth item of the colonists' bill of particulars against King George III, they accused him of having "erected a multitude of New Offices," and having "sent hither swarms of Officers to harass our people..." United StatesTransportStrasburger & Price, L.L.P.
ArticleDid Court Expand Definition Of Consumer Report Under The FCRA?Plaintiff sued the United States Department of Homeland Security and others, alleging multiple claims, including that the government's collection, maintenance and use of information about him violated the FCRA. United StatesConsumer ProtectionStrasburger & Price, L.L.P.
ArticleFederal Anti-Terror Laws Do Not Preempt California Consumer Credit Reporting Agencies ActA consumer report Trans Union provided to an auto dealer when Plaintiff applied for a loan included an OFAC alert. United StatesConsumer ProtectionStrasburger & Price, L.L.P.
ArticleCourt Allows FACTA Class Action To Proceed But Cautions That Even The Minimum Statutory Damages Award Would Likely Violate Defendant’s Due Process RightsOn February 12, 2008, Plaintiff purchased groceries at Defendant’s market by using her Discover credit card. United StatesFinance and BankingStrasburger & Price, L.L.P.
ArticlePlaintiff’s Conclusory and Unsworn Allegations Are Insufficient To Survive Summary JudgmentPlaintiff filed for bankruptcy under Chapter 7 of the Bankruptcy Code on or about October 15, 2005. United StatesInsolvency/Bankruptcy/Re-StructuringStrasburger & Price, L.L.P.
ArticleAppellate Lawyers - The Last GeneralistsAt cocktail parties, I frequently get asked what appellate lawyers do.United StatesLitigation, Mediation & ArbitrationStrasburger & Price, L.L.P.
ArticleClaim For Equitable Relief Under Louisiana Law Is Preempted By The FCRAPlaintiff sued the three CRAs and Saxon Mortgage Company alleging that Defendants defamed him, violated Louisiana consumer protection and privacy laws, and violated the Fair Credit Reporting Act ("FCRA").United StatesLitigation, Mediation & ArbitrationStrasburger & Price, L.L.P.
ArticleDenial Of A Motion To Dismiss Pursuant To The Anti-SLAPP Statute Is Immediately Reviewable In Federal Court Under The Collateral Order DoctrineThe Fifth Circuit recently held that an order denying a motion to dismiss brought under an Anti–SLAPP statute is immediately appealable. United StatesLitigation, Mediation & ArbitrationStrasburger & Price, L.L.P.
ArticleDan Butcher Discusses Post-Election Changes To The Legal LandscapeTexas Lawyer featured Strasburger's managing partner, Dan Butcher, in an article capturing the thoughts of law firm leaders on possible changes to the practice of law in the wake of the election.United StatesLaw Department PerformanceStrasburger & Price, L.L.P.
ArticleStrasburger Partner Mike Walsh Calls For Clarity In FDCA EnforcementThe tracks of "parallel claims" are often federal claims treated as parallel state law claims when viewed by a court through a lens focused on providing a remedy. United StatesFood, Drugs, Healthcare, Life SciencesStrasburger & Price, L.L.P.
ArticleOIG To Target Home Health Agency Fraud, Waste, AbuseOn June 22, 2016, the Office of Inspector General for the Department of Health and Human Services (OIG) issued an alert highlighting its decision to increase investigations...United StatesFood, Drugs, Healthcare, Life SciencesStrasburger & Price, L.L.P.
ArticleTexas Judge Enjoins New FLSA RulesTo enjoin or not to enjoin – that certainly was the pivotal question answered today with respect to the legal fight over the FLSA Final Overtime Rule issued in May 2016. United StatesEmployment and HRStrasburger & Price, L.L.P.