The Firm is pleased to announce Mr. Daniel R. McCabe, Esq. joined the Firm as a shareholder as of June 16, 2016.
On December 12, 2014, the National Labor Relations Board (“NLRB”) enacted its final rule relating to representation elections. As you may recall, the NLRB tried to implement a similar rule in 2011, but it was invalidated by court action.
On July 31, 2014, President Obama issued the Fair Pay and Safe Workplaces Executive Order. The Executive Order states that it is, in part, a reaction to studies showing that many federal contracts are let to contractors with major labor law violations. Major provisions of the Executive Order include the following:
Recently, the Texas Supreme Court, in an unanimous opinion, held that the exclusion in a commercial general liability policy for property damage resulting from “the assumption of liability in a contract or agreement,” also known as the “contractual liability exclusion” did not bar coverage for the contractor’s alleged failure to construct its work in a […]
As we previously advised you, there are new regulations that affect the hiring practices of federal contractors. The Office of Federal Contract Compliance Programs (“OFCCP”) has now issued new regulations to enforce the new hiring practices relating to Veterans and disabled persons. The highlights of the new OFCCP regulations, which will take effect on March […]
In Lennar Corp. v. Markel American Insurance Co., 2013 WL 4492800 (Tex. 2013), the Texas Supreme Court held that an insurer must pay its insured’s pre-litigation costs to locate and repair its defective construction work, even where the insurer refused to consent to the repair program.
On August 27, 2013, the Department of Labor announced two (2) final rules that affect federal contractors. The rules are designed to increase employment opportunities for veterans under the Vietnam Era Veterans Readjustment Assistance Act of 1974 (“VEVRAA”) and those individuals with disabilities who have protection under Section 503 of the Rehabilitation Act of 1973 […]
The business community scored an important victory on June 24, 2013, when the United States Supreme Court issued its decision in Vance vs. Ball State University, 133 S. Ct. 2434 (U.S. 2013). In Vance, the Court, by a 5-4 decision, limited the definition of “supervisor” under Title VII to someone who is “empowered by the […]
Texas courts have been inconsistent in their protection of trade secrets. There has been no uniformly recognized definition of a trade secret, nor has enforcement of a trade secret been uniform throughout the state. The Texas Legislature had been silent on the issue until May 2, 2013, when the Texas Uniform Trade Secrets Act (“TUTSA”) […]
A recent decision by the Austin Court of Appeals has pointed out a loophole in Texas law that prevents contractors from disputing a governmental entity’s failure to pay for goods or services, where the goods or services were provided to a governmental entity pursuant to a contract executed by a separate governmental entity acting as […]