As we predicted back in our May post, the sky is not falling in the world of non-compete agreements. After the Federal Trade Commission (“FTC”) issued its controversial final rule on April 23, 2024, which voided existing…
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/ Antitrust & Trade Regulation, Civil Procedure, Labor & Employment Law
Coordination between the Owner-Architect Agreement and the Owner-Contractor Agreement is crucial for any successful project. In particular, parties most commonly overlook the provisions related to an Initial Decision Maker…
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/ Alternative Dispute Resolution (ADR), Commercial Law & Contracts, Construction Law
The commercial real estate market is in the process of adjusting to lower property valuations. Much recent focus has been on office buildings, and the fallout from enduring reductions in occupancy associated with remote and…
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/ Bankruptcy, Finance & Banking, Real Estate - Commercial, Taxation
The term “rollover equity” is frequently used in discussions about the sale of middle market companies (which often is described as meaning companies with enterprise values from $10 million to $1 billion[1]), but frequently is…
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/ Business Organizations, Mergers & Acquisitions, Taxation
This article focuses on the state of Texas law regarding wellbore rights and various related issues raised by transactions involving such rights (and other similar lease severance issues) and provides some practical tips to help…
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/ Business Organizations, Energy & Utilities, Real Estate - Commercial
The construction industry is a cornerstone of Texas’s robust economy, and timely payments are critical for maintaining the health of this sector. To ensure that contractors, subcontractors, and suppliers are paid promptly for…
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/ Commercial Law & Contracts, Construction Law
The Department of Justice ("DOJ") is wasting no time in implementing the new cyber-security Executive Order (the EO), signed on February 28, 2024. As explained in our April 2024 blog post, the EO aims to portect Americans’ data…
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/ Consumer Protection, Privacy
On April 29, 2024, the U.S. Equal Employment Opportunity Commission (“EEOC”) released long-awaited Enforcement Guidance on Harassment in the Workplace, No. 915.064 (the “Guidance"). This update is the first of its kind in 30…
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/ Civil Rights, Labor & Employment Law
The Department of Labor (“DOL”) issued a final rule on April 23, 2024,* raising the salary threshold for the so-called “White-Collar” and “HCE” Exemptions to the Fair Labor Standards Act’s (“FLSA”) overtime pay requirement (the…
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/ Labor & Employment Law
The Federal Trade Commission (“FTC”) made waves on April 23, 2024, when it issued a final rule that (1) voids existing non-compete agreements, with two exceptions; and (2) prohibits employers from entering into new non-compete…
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/ Antitrust & Trade Regulation, Labor & Employment Law
This post is the second installment discussing best practices for conducting a Human Resources compliance audit. The first installment of the series provided an overview of the compliance audit process and practical advice at…
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/ Labor & Employment Law
On April 15, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) released the final rule to implement the Pregnant Workers Fairness Act (PWFA), setting out key clarifying information that will provide the ability for…
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/ Labor & Employment Law
Government officials underscored the importance of artificial intelligence (AI) enforcement and data protection during the American Bar Association’s 39th National Institute on White Collar Crime in March 2024. Specifically,…
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/ Criminal Law, Science, Computers, & Technology
The Owner and Architect of a Project may sometimes strongly disagree on who should or does own the designs, plans, and specifications that the Owner pays the Architect and its consultants to produce. The meaning of “ownership”…
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/ Construction Law, Intellectual Property
Perfecting a performance bond claim in Texas requires careful attention to legal requirements and procedural details set forth on the face of the bond and under Texas law. Perfection of a performance bond claim is often…
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/ Commercial Law & Contracts, Construction Law
