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Whistleblowing – The Right and the Wrong Way to Do It
The Texas Whistleblower Act protects public employees who make good faith reports of violations of law by their employer or co-workers to an ”appropriate law enforcement authority.” Under the Act, an...
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Texas Non-Competes: The Devil is in the Details
Last week, the Fifth Court of Appeals of Texas in U.S. Risk Insurance Group, Inc. et al. v. Woods reminded us again that a non-competition agreement must be reasonable and must include a correct...
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The U.S. Supreme Court Renders A Pro-Business Class Action Ruling
Today, the U.S. Supreme Court rendered a decision that should make any business owner facing a class action breath a little easier. The Court’s decision in Standard Fire Insurance Co. v. Knowles,...
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Quick Recap of 2013 Tax Changes
Several key tax provisions took effect on January 1, 2013, as part of the American Taxpayer Relief Act of 2012: Tax Rate Increases Top individual income tax rate increased from 35% to 39.5%. Top long...
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Facebook – It’s not Just for Fun Anymore (Social Media – Part I)
During 2012, the country has been abuzz with dozens of statutes and cases dealing with social media (Facebook, Twitter, Linked-In., etc.) A new body of law is emerging, and unless you’ve kept close...
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Can You Fire or Get Fired for Statements on Facebook, etc.? (Social Media –...
In the last couple of years, many employers have been adding Social Media policies to their Employee Manuals, often prohibiting employees from discussing all company matters publicly or from...
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Your Dog Might Be Worth Less Than Your IPhone
In a long-awaited decision in Strickland v. Medlen, the Texas Supreme Court ruled that pet owners can be compensated only for their animal’s market worth – not their sentimental value – even when a...
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The Supreme Court Renders an Important Pro-Employer Decision
In the past two weeks, both the United States Supreme Court and the Fifth Circuit Court of Appeals have rendered decisions that will add roadblocks to certain employee lawsuits. Last week, the Supreme...
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Freedom of Speech v. Defamation: The Texas Citizens Participation Act
In 2011, the Texas legislature passed the Texas Citizens Participation Act (TCPA), meant to curtail the Strategic Lawsuits Against Public Participation (SLAPP) often filed by businesses or other...
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An Arbitration Agreement Found Unconscionable Without Translation
It is no secret that many Texas businesses employ Spanish-speaking employees. It is also no secret that many businesses in Texas require their employees to sign arbitration agreements, in which...
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Firing a Mother for Breast Feeding is, Indeed, Sexual Discrimination
Seems like a no-brainer, right? Well, a Texas District Court judge did not think so, so the Fifth Circuit Court of Appeals had to step in and set him straight in Equal Employment Opportunity Commission...
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Human Genes Cannot be Patented, Says the U.S. Supreme Court
Last week, a unanimous U.S. Supreme Court held that human genes are not eligible for patenting and that patent claims to isolate genes from DNA are invalid. WHY IS THIS A BIG DEAL? Because it prevents...
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The Supreme Court Strikes Down The Defense of Marriage Act – Has Little...
Earlier this week, in a rare move to strike down a federal law, the United States Supreme Court declared the Defense of Marriage Act (DOMA) invalid because it violated the Equal Protection and Due...
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Important Changes in Home Equity Lending Rules
On June 21, the Texas Supreme Court invalidated several state regulations related to home equity loans. The immediate effect of the Court’s ruling is that (1) the popular discount points offered by...
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Unpaid Internships Are Mainstream, But Are They Legal?
During the last few years of tough economy, many companies have been tempted to save a penny by offering unpaid internships to the eager hoards of college graduates, who have often been forced to...
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10 Major Employment Laws That Every Texas Business Owner Should Know
Leiza DolghihAssociate, Godwin Lewis PC Building a successful business usually takes a lot of hard work and time. An ill-timed lawsuit can cause significant damage to the business or even completely...
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An Employee Violating a Non-Compete? Ask the Court to Extend The Term
Leiza DolghihAssociate, Godwin Lewis PC The days of corporate loyalty are long gone. In today’s culture, the only thing that can prevent an employee from poaching its former employer’s clients is a...
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Stopping a Competitor with a Temporary Injunction
Leiza DolghihAssociate, Godwin Lewis PC The word on the street is that your competitor is contacting your customers or your industry relations and is telling them information that could potentially or...
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Texas Allows Non-Signatories to Enforce Arbitration Agreements
Leiza DolghihAssociate, Godwin Lewis PC Many companies prefer to resolve their business disputes through arbitration, rather than litigation, because in many cases the arbitration process is faster,...
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Practical Guide to Enforcing Non-Compete Agreements in Texas (Part I)
Leiza DolghihAssociate, Godwin Lewis PC You have just learned that one of your former employees might be violating the terms of his non-compete agreement with your company. What should you do? Should...
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