Though the pandemic is the cause of the rising number of retail bankruptcies, major retailers were facing cash flow and insolvency issues prior to COVID-19. Many of them were over-leveraged by virtue of funding the leveraged buyouts of prior ownership. [...]
Retailers are reporting that at least 4,300 stores will close in 2020 and that this number will increase. Prior to the pandemic, Cushman & Wakefield estimated that as many as 12,000 major chain stores could close in 2020. Coresight Research [...]
People talk about retail tenants being in financial disarray and filing bankruptcy, but what about our malls and shopping centers? They are hurting, too. If their tenants are not paying rent, taxes, insurance, and utilities, this impacts landlords, who [...]
In a certified question from the Fifth Circuit Court of Appeals to the Texas Supreme Court, our state’s highest civil appellate court recently re-affirmed the long-standing, “eight-corners” duty to defend rule. That rule states that when Texas courts [...]
In an appeal of a jury award in an asbestos/ mesothelioma wrongful death case, the Dallas Court of Appeals had the opportunity to re-visit the statutory cap provision addressing exemplary/punitive damages awards. Specifically, in The Goodyear Tire & Rubber Company [...]
In most first-year law school Contracts courses, law students learn about the practical business conundrum of the “battle of the forms,” where a prospective buyer and seller exchange written proposals to buy and sell goods and/or services in the hopes [...]
Protecting the “record” - that is, the documents and evidence before the court - is important both at the trial and appellate court levels as a case can rise or fall on the record created. In the context of a [...]
"A picture is worth a thousand words" is a saying well-known in both layman’s circles and in the law. In court, videotaped evidence can speak volumes. Because of the importance of such evidence – whether in the form of [...]
A recent University of Texas study estimated that “234,000 people of all ages work under involuntary servitude or debt bondage in Texas. Meanwhile, about 79,000 children and young adults are coerced or deceived into prostitution...”~ Austin American Statesman, Jan. 24, [...]
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