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Winstead PC

Attorney

Latest Publications

Zachary Allie

Big Developments in Class Actions Part 2: A Quick and Complete Offer of Judgment May Foreclose FLSA Collective Actions

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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Adam Dougherty

Big Developments in Class Actions Part 2: A Quick and Complete Offer of Judgment May Foreclose FLSA Collective Actions

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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Trek Doyle

Defending Nonsubscriber Lifting Injury Claims – Part V – The NIOSH Revised Lifting Equation – what it is and what it is not

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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Anthony Eppert

Should a Company Consider Stock-Price Forfeitures of Stock Options?

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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Thomas Forestier

Diversity at Law Firms in the Post-Recession Era

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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David Johnson

Former Owner Cannot Challenge Foreclosure Procedure In Forcible Detainer Action

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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Jeanne Marie Katz

A Few Thoughts After “Frankenstorm”

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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Keith Mullen

Foreclosure Tip #1: Inspections – Do It Before You Own It

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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Cheryl Murray

What We Need to Do to Comply with the Final HIPAA Rule: A Summary of the Privacy Obligations for Health Care Providers, Health Plans, Business Associates and their Subcontractors

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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Lori Oliphant

Checklist for Timely Compliance with HIPAA Omnibus Rule

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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Kristi Stotts

The Fiscal Cliff for Condominium Developers

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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