Employment Law, Winter 2012

Wage Withholding and Priority Issues in Texas Texas employers can suddenly find themselves thrust into the unenviable position of having to collect court-mandated withholdings from employees. It can be a daunting task for anyone, especially large employers facing a high volume payroll. However, familiarizing yourself with the basics of Texas withholding laws and how they […]

Employment Law Newsletter, Fall 2011

Opting Out of the Workers’ Comp System: The Right Fit for Your Business? In Texas, employers have access to a unique framework for opting out of the state’s Workers’ Compensation Program. The opt-out provision, known as nonsubscription, gives employers — both large and small — the opportunity to control and manage workplace safety and occupational […]

Litigation and Trial Newsletter, Fall 2011

“Loser-Pays Bill” Also Affects Addition of Third-Party Defendants When the Texas Legislature passed House Bill 274 earlier this year, the headlines focused on its “loser-pays” provision, which allows the prevailing party in a lawsuit to recover attorneys’ fees and other costs from the losing side. Litigation-and-Trial-Newsletter

Medical Malpractice, Winter 2010

Several opinions interpreting health care liability claims came out of Texas’ appellate courts this year which are favorable to the defense of such claims and specifically demonstrate the courts’ expansion of the definition of a health care liability claim and tightening of the standard by which medical malpractice plaintiffs must prove their claims in those […]

Trucking Law, Fall 2010

Reducing Hours, Increasing Costs The trucking industry is currently waiting for the Obama administration to come to a final decision on hours of service restrictions which may reduce the allowable hours of service from eleven hours to perhaps as low as nine hours which would work to actually reduce capacity by a large number. As […]

Health Law, Fall 2010

An Overview of the Impact of Federal Health Care Reform on Texas Medicaid and the Practice of Health Law in Texas In the wake of the passage of the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act (commonly known as “Federal Health Care Reform”)-by far the most expansive federal […]

Protect Health-Care Clients as Reform Takes Shape

by PETER H. ANDERSON and KIMBERLY K. BOCELL The Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010 (commonly known as federal health-care reform) significantly will impact Texas lawyers endeavoring to keep their clients informed about key issues and the reform’s effect on their health-care practices and businesses. […]

Family Law, Summer 2010

Restricting the Residence of Children in Texas The Texas Legislature passed HB 1012, amending Texas Family Code § 153.133, which states that as of September 1, 2009 an agreed parenting plan may either designate the parent who has the exclusive right to designate the primary residence of the child or may provide that the child’s […]

Equine Law, Summer 2010

The Homeless Horse: Asserting An Stableman’s Lien “Horse sense is the thing a horse has which keeps it from betting on people.” – W.C. Fields While the horse is traditionally a grand and faithful companion, we find too often that its human owners are not. For a variety of reasons, stable and barn owners often […]

Employment Law, Spring 2010

A Look At Today’s Technology Through The Fair Labor Standards Act In 1985 President Ronald Reagan awarded the first National Medal of Technology and Innovation to a young computer whiz from California named Steve Jobs. Jobs’ company, Apple Computer, had accomplished the unthinkable and brought desktop computing to the masses. The digital revolution was in […]