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In Genesis Healthcare Corp. v. Symczyk, a 5-4 decision authored by Justice Thomas and delivered on April 16, 2013, the U.S. Supreme Court held that if the lone lead plaintiff’s individual claim under the Fair Labor Standards Act…more
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In Genesis Healthcare Corp. v. Symczyk, a 5-4 decision authored by Justice Thomas and delivered on April 16, 2013, the U.S. Supreme Court held that if the lone lead plaintiff’s individual claim under the Fair Labor Standards Act…more
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The next two parts of this series will address the so-called NIOSH lifting equation. This part will discuss what the NIOSH lifting equation is and the fact that it is not the law in Texas (or anywhere else to the authors’…more
NIOSH, Nonsubscribers, Workplace Injury
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The purpose of this post is to consider whether implementation of a stock-price forfeiture within a stock option award agreement could be used to increase the life expectancy of the equity plan's share reserve…more
Corporate Governance, Stock Options, Stock-Price Forfeiture
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Law firms’ efforts to achieve diversity in their ranks, especially at the partner level, began as long ago as the early 1990s. They ramped up in the early 2000s as many firms invested heavily in programs designed to recruit and…more
Diversity, Recessions, Recruitment Incentives
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In McDaniel v. HSBC Bank USA, NA, McDaniel appealed a trial court's granting a bank possession of real property purchased at a foreclosure sale. No. 05-11-00238-CV, 2013 Tex. App. LEXIS 1079 (Tex. App.—Dallas February 6, 2013,…more
Deed of Trust, Foreclosure
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The major impact that Hurricane Sandy had on the East Coast is a good reminder of the importance of the maintenance of sufficient insurance. All condominium projects in Texas (whether they operate under the current Uniform…more
Condominium Associations, Condominiums, Hurricane Sandy, Liability Insurance, Property Damage
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In some parts of the country, a recovering local economy means the special asset (or problem loan) groups are reducing staff, as loan production groups come back to life. Leaving the special asset group under-staffed could be a…more
Client Services, Foreclosure, Inspections, Legal Title, Mortgages
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On January 25, 2013, the U.S. Department of Health and Human Services (HHS) published the highly anticipated Omnibus Rule, which makes extensive changes (as promulgated by the Health Information Technology for Economic and…more
Business Associates, Data Breach, Data Protection, HHS, HIPAA
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The deadline for compliance with the new HIPAA Omnibus Rule is looming for group health plans. As explained in a prior blog, stiff penalties may be imposed on employers whose plans fail to comply. Accordingly, employers should…more
Compliance, Employer Liability Issues, HIPAA Omnibus Rule, Penalties
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Heard enough about the fiscal cliff? Condominium developers should take into consideration the potential liability for assessments on developer owned condominium units when structuring condominium regimes to avoid their own…more
Condominiums, Financing, Fiscal Cliff, Land Developers, Tax Assessment
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