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  • Article

    Wellness Programs As Alternative To Employer Vaccine Mandates

    The creation and maintenance of a safe and healthy workplace is more than just good business. Employers owe a general duty under the Occupational Safety and Health Act of 1970 to provide a workplace free from recognized hazards.
    United StatesEmployment and HR
    Winstead PC
    Winstead PC
  • Article

    Court Reversed Trial Court On Interpretation Of Trust Regarding Per Stirpes Versus Per Capita Distributions

    In In the Interest of Riley Family Revocable Trust, a trustee filed suit for a declaration regarding who takes in the distribution of remaining trust property. No. 13-20-00084-CV 2021 Tex. App. LEXIS 5839
    United StatesLitigation, Mediation & Arbitration
    Winstead PC
    Winstead PC
  • Article

    Federal Courts Deny Motions To Dismiss Breach Of Fiduciary Duty Claims Due To The Economic Loss Rule

    In R.P. Small Corp. v. Land Dep't, Inc., the plaintiff sued the defendant for breaching fiduciary duties due to a confidential relationship regarding oil and gas development.
    United StatesCorporate/Commercial Law
    Winstead PC
    Winstead PC
  • Article

    Court Holds That An Executor May Breach Duties In Making A Non-Pro Rata Distribution Of Assets

    In In re Estate of Stewart, siblings filed claims regarding the administration of their father's estate. No. 04-20-00103-CV, 2021 Tex. App. LEXIS 3897 (Tex. App.—San Antonio May 19, 2021, no pet. history).
    United StatesLitigation, Mediation & Arbitration
    Winstead PC
    Winstead PC
  • Article

    Build-To-Rent And Planned Communities: Making The Perfect Match

    "Build-to-Rent" (B2R) product, meaning the construction of homes in a defined community intended to be leased, as opposed to sold, has become a more frequent sub-product within master planned communities.
    United StatesReal Estate and Construction
    Winstead PC
    Winstead PC
  • Article

    SEC Brings "Naked Short Selling" Case

    "Naked short selling" is often claimed by struggling public companies to be the source of their woes. But there have been relatively few cases addressing naked short selling.
    United StatesCorporate/Commercial Law
    Winstead PC
    Winstead PC
  • Article

    The Federal Government Vaccine Mandate's Impact On Colleges And Universities

    The Biden administration on Nov. 4 released a Fact Sheet announcing the details of its Occupational Safety and Health Administration (OSHA) and Center for Medicare and Medicaid Services (CMS) COVID-19 vaccination mandates.
    United StatesCoronavirus (COVID-19)
    Winstead PC
    Winstead PC
  • Article

    An In-Depth Summary And Analysis Of The Important Alston Decision

    It is important to note the distinction between educational and non‑educational compensation in the district court's decision.
    United StatesMedia, Telecoms, IT, Entertainment
    Winstead PC
    Winstead PC
  • Article

    HOA's And Sales Tax Exemptions

    In Texas, property owners associations ("Associations") are typically non-profit corporations created under Chapter 22 of the Texas Business Organizations Code.
    United StatesTax
    Winstead PC
    Winstead PC
  • Article

    Recent Developments In Artificial Intelligence And IP Law: South Africa Grants World's First Patent For AI-Created Invention

    On July 28, the Companies and Intellectual Property Commission of South Africa granted the world's first patent on an invention created by an artificial intelligence ("AI") inventor.
    GlobalIntellectual Property
    Winstead PC
    Winstead PC
  • Article

    Sticking To The Fundamentals: Negotiating Revenue Generating Partnerships, Higher Education Report 2021

    In Fall of 2019, the University of Texas at Austin broke ground on the Moody Center, a landmark first-class basketball arena and entertainment venue.
    United StatesConsumer Protection
    Winstead PC
    Winstead PC
  • Article

    Texas Legislature Extends The Rule Against Perpetuities To 300 Years For Trusts

    The Texas Legislatures recently passed a bill that takes effect on September 1, 2021 that extends the rule against perpetuities to 300 years for trusts.
    United StatesCorporate/Commercial Law
    Winstead PC
    Winstead PC
  • Article

    The PCAOB Brings First Failure-to-supervise Case

    On April 5, the Public Company Accounting Oversight Board levied a $100,000 fine against Scott Marcello, the former Vice Chair of Audit at KPMG.
    United StatesAccounting and Audit
    Winstead PC
    Winstead PC
  • Article

    Can A Patent Application Violate The Copyright Laws?

    Recent decisions from two federal district courts have rebuffed efforts by publishers of scientific journals to claim copyright violations based on the copying of the publishers' articles for purposes of preparing patent applications submitted to the U.S. Patent & Trademark Office.
    United StatesIntellectual Property
    Jones Day
    Jones Day
  • Article

    Court Discusses De Facto Trustee Status In Texas

    In Bird v. Carl C. Anderson, a trust beneficiary sued a defendant for usurping a trustee's role and breaching fiduciary duties as a de facto trustee.
    United StatesLitigation, Mediation & Arbitration
    Winstead PC
    Winstead PC
  • Article

    A Limitation-Of-Liability Clause May Or May Not Be Enforceable For Breach Of Fiduciary Duty Claims

    Parties often add limitation-of-liability clauses to their agreements. These types of clauses can purport to limit a party's claims or damages or both. Damage-limitation clauses can take many different forms.
    United StatesCorporate/Commercial Law
    Winstead PC
    Winstead PC
  • Article

    Clearing The Air: Patent Protection Strategies For Carbon Capture Technologies

    Carbon capture technologies generally pertain to the capture of carbon dioxide (CO2) by certain materials or systems.
    United StatesIntellectual Property
    Winstead PC
    Winstead PC
  • Article

    MOSAID Sues Intel In The Western District Of Texas

    MOSAID Technologies Inc. has followed up its pair of 2025 complaints against Infineon Technologies with a new case filed against Intel (1:25-cv-00677) in the Western District of Texas.
    United StatesIntellectual Property
    RPX Corporation
    RPX Corporation
  • Article

    Copyrighting Patents

    The nature of Intellectual Property Rights is such that, like any other law, it has loopholes as well as overlaps.
    IndiaIntellectual Property
    Khurana & Khurana, Advocates and IP Attorneys
    Khurana & Khurana, Advocates and IP Attorneys
  • Article

    Texas Tax Roundup—February 2022 (RECOVERED!)

    The Texas Third Court of Appeals held that a taxpayer may self-assess and pay tax under protest for subsequent periods after the filing of a protest suit and include those periods in the suit by amending the petition.
    United StatesTax
    Freeman Law
    Freeman Law

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