As previously reported, on April 23, 2024, by a vote of 3-2 along party lines, the Federal Trade Commission (FTC) voted to approve a final rule effectively banning employers from entering into non-compete agreements with their workers, with few limited exceptions (the “Rule”). The Rule was set to go into effect on September 4,
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Overcoming Challenges in Estate Planning for Blended Families
As a blended family, you face a unique set of challenges when it comes to estate planning. There are often emotional complexities, such as feelings of sadness, resentment, or jealousy that come from combining individuals from multiple families. There are also financial obligations and responsibilities to consider for children from different relationships. Recognizing these challenges,…
SEC Cybersecurity Reporting Requirements for Publicly Traded Companies Now in Effect
The digitization of our economy has streamlined company operations but has brought with it persistent, ongoing cyberattacks. Successful attacks disrupt business operations, are costly to remediate, and can compromise confidential and personal information—including client and employee information. These compromises can significantly impact revenue and trust in the company and often result in stock prices dropping.…
The Fifth Circuit Reverses 27 Years of Title VII Jurisprudence
On August 18, 2023, in Hamilton v. Dallas County,[1] the United States Fifth Circuit Court of Appeals, sitting en banc, handed down a significant Title VII ruling that has far-reaching implications for future employment discrimination cases in Louisiana, Mississippi, and Texas. Employees seeking to bring a discrimination claim no longer need to meet the high burden…
The Future of Removal Based on Federal Diversity Jurisdiction After the Fifth Circuit’s Decision in Advanced Indicator and Manufacturing, Inc. v. Acadia
The exception swallowed the rule. The Fifth Circuit essentially overruled the judicially-created voluntary-involuntary limitation to remove a case post-suit based on federal diversity jurisdiction in Advanced Indicator and Manufacturing, Inc. v. Acadia, 50 F.4th 469, 474 (5th Cir. 2022). Accordingly, this means that if you represent a diverse defendant in a state court case, be…
Ineffective Main Engine Control Leads to Dock Allision in Corpus Christi Bay
The oil tanker Riverside allided with a loading dock after a failed maneuver during its attempted exit of Corpus Christi Bay.
An allision occurs when a vessel in navigation strikes a stationary object, like a dock or a bridge. In the maritime world, allisions differ from collisions in that collisions involve two vessels striking each…
Can You Ask Job Applicants if They Are Vaccinated?
On August 23, 2021, the FDA announced the Pfizer COVID-19 vaccine is now fully approved. With this news, more and more employers are adopting, or considering whether to adopt, vaccine mandates for their workforces. One issue that a vaccine mandate raises is whether employers can lawfully ask job applicants about their COVID-19 vaccination status after…
“Long COVID” as a Disability under the Americans with Disabilities Act?
“Long COVID” or “long-haul COVID” are terms coined to describe a range of new or ongoing systems that can last weeks or months after first being infected with the COVID-19 virus. The CDC’s website lists many commonly reported symptoms among “long haulers,” which list includes:
- Difficulty breathing or shortness of breath
- Tiredness or fatigue
- Symptoms
…
Do Texas Oil and Gas Operators Always Have to Pay Royalties on Time?
By statute, royalties on oil and gas production are due on or before 120 days after the end of the month of first sale of production from the well. This gives operators about four months after a well begins producing to obtain title curative, set up a pay deck for the well, issue division orders…
IRS Continues to Ramp Up Efforts to Collect ACA Penalties from Non-Compliant Employers
For those who think the chance of being assessed penalties for non-compliance with the Affordable Care Act are slim to none, think again. The IRS’ efforts to enforce the ACA’s employer mandate are alive and kicking. Since late November 2017, the IRS has been sending out proposed penalty notices to companies they believe were not…