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How Does Texas View the No-Damages-for-Delay Clause?
The New York Supreme Court recently reinforced the limitations on delay damages in construction contracts. Texas likewise enforces No-Damages-for-Delay clauses in construction contracts, allowing parties to contractually bar monetary claims for delays. However, Texas recognizes important public policy exceptions.
Texas Supreme Court Clarifies Proximate Cause in a Catastrophic Highway Accident – Werner Enterprises, Inc. v. Blake
Casey Erick lists key takeaways from the June 2025 Texas Supreme Court opinion that clarified proximate cause in a catastrophic highway accident, including the requirement of a "Substantial Factor," the bar for negligence, and in this case - absence of derivative or direct employer liability.
Employers Should Review Vacation Policies – to Avoid “Mammoth” Payouts
A retiring California prison employee was paid more than $1 million in unused vacation benefits -- and he's not the only one owed similar benefits.
Texas versus Delaware Fiduciary Law at Issue in Texas Business Court
Casey Erick points out the differences between Delaware law and Texas law - when it comes to fiduciary duties and modifications thereof - and the recent decision in the Primexx partnership dispute.
Fifth Circuit Reiterates: Prove the Existence of a Trade Secret
A recent Fifth Circuit Court of Appeals decision reiterates the need to prove the existence of a Trade Secret first.
Article III Judges and Shakespeare – “First, Let’s Kill All the Lawyers”
At the recent Western Alliance Bank Class Action Law Forum, panelist Judges Gee and Bencivengo cautioned: extreme measures may bring society to the brink of absolute intolerance and potential increased violence.
UPDATE: Corporate Transparency Act Beneficial Ownership Reporting Requirements – as of March 21, 2025
UPDATE: FinCEN removes Beneficial Ownership Reporting requirements for U.S. companies and U.S. persons, but also sets new deadlines for foreign companies.
Could Tesla’s Firing of a Manager Who Complained About Elon Musk’s Nazi Jokes Implicate the First Amendment?
Tesla recently fired an employee who took umbrage at Elon Musk's public social media comments. Casey Erick explains how and when the First Amendment applies in similar situations.
Ames “Reverse Discrimination” Case and the Supreme Court of the United States
The Supreme Court of the U.S. is poised to consider the "reverse discrimination" Marlean Ames case for bias against majority rather than minority status.
Corporate Transparency Act Beneficial Ownership Information – UPDATED March 3, 2025
UPDATE, MARCH 3, 2025 — As was reported on Twitter/X Sunday, the Treasury Department will not enforce the Corporate Transparency Act’s Beneficial Ownership Information reporting requirement. See this article […]
What Actions Should Employers Take If the FTC Noncompete Ban Is Abandoned or Struck Down?
The new Trump Administration may spell a change for the FTC Noncompete Ban; Employment Law attorney Casey Erick explains.
H-1B Visas During the Trump Administration
As President Donald Trump enters his second term, debate over his immigration policy intensifies - making the future of the H-1B visa (for highly skilled foreign workers) uncertain.
President Trump’s Executive Order “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” and What That Means for Future Shareholder Actions
Shareholder actions challenging DEI programs may gain momentum following Trump's executive order impacting affirmative action measures.
The Federal Trade Commission Issues Final Rule Banning Most Non-Compete Agreements
Employment attorneys, Brian Farrington and Casey Erick explain the recent FTC final rule banning most Non-Compete Agreements, the Effective Date, and whom it affects.
Groundbreaking U.S. Corporate Transparency Act and What Business Owners Should Know
The Corporate Transparency Act requires most small corporations, companies and limited partnerships to register "beneficial ownership information" with the Financial Crimes Enforcement Network (FinCEN).
