Author Info for Houston Harbaugh, P.C.

Corey Bauer

SCOTUS Rules that Copyright Damages Can Be Recovered Beyond Three Years, Leave Discovery Rule For Another Day

The U.S. Supreme Court ruled on May 9th, 2024, in the case of Warner Chappell Music, Inc., et al., v. Nealy, et al., that plaintiffs in a copyright ownership dispute can recover damages beyond the three-year statute of…more

Appeals, Copyright, Copyright Infringement, Copyright Litigation, Damages

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Erik Bergenthal

Does My Dispute Have to be Decided in Private Arbitration?

It is common for agreements to contain a clause mandating that any dispute be decided in private arbitration—rather than in state or federal court. In private arbitration, a neutral arbitrator will hear evidence and render a…more

Arbitration, Arbitration Agreements, Dispute Resolution, Federal Arbitration Act, Mandatory Arbitration Clauses

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Craig Brooks

Court Puts FTC Noncompete Ban on Hold

A federal judge issued a nation-wide injunction on August 20, 2024, barring enforcement of the Federal Trade Commission‘s Rule banning noncompete agreements in the U.S. This Rule was slated to go into effect on September 4,…more

Employment Contract, Federal Bans, Federal Trade Commission (FTC), Injunctions, Lack of Authority

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Robert Burnett

Texas Appeals Court Rules that Surface Owner Could Not Enforce Pipeline Burial Covenant in Oil and Gas Lease

Let’s assume that you purchase a 105 acre farm in Greene County in 2022. You purchase only the surface estate while the seller, Farmer Jones, retains the underlying oil and gas rights. You intend to grow corn and winter wheat…more

Appellate Courts, Covenants that Run With the Land, Farms, Land Owners, Leases

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Jaclyn Faulds

ACT NOW: FEDERAL FILING REQUIREMENTS MAY IMPACT YOU!

In 2021, Congress passed the Corporate Transparency Act (CTA) in an effort to thwart criminals from using entities as a way to launder money and further illicit activities. The CTA contains a reporting requirement mandating that…more

Beneficial Owner, CEOs, CFOs, Corporate Transparency Act, FinCEN

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Gary Gunnett

Sponsors of 401(k) Plans Without Roth Provisions May Want to Add Them Before 2024

Our prior bulletin summarized the multitude of changes applicable to 401(k) and other retirement plans under the recently enacted “SECURE 2.0” law. This bulletin focuses on one of those changes and a potential reason for…more

401k, Benefit Plan Sponsors, Employee Benefits, Employee Contributions, FICA Taxes

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Christopher Jacobs

Third Circuit Finds No Coverage For COVID-related Business Income Losses

In a January 6, 2023 precedential decision, the Third Circuit ruled in a consolidated appeal of 14 cases that Pennsylvania and New Jersey businesses are not entitled to coverage for Covid-related business interruption losses,…more

Business Interruption, Business Losses, Civil Authority Coverage, Commercial Insurance Policies, Coronavirus/COVID-19

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Matthew Lautman

Does My Dispute Have to be Decided in Private Arbitration?

It is common for agreements to contain a clause mandating that any dispute be decided in private arbitration—rather than in state or federal court. In private arbitration, a neutral arbitrator will hear evidence and render a…more

Arbitration, Arbitration Agreements, Dispute Resolution, Federal Arbitration Act, Mandatory Arbitration Clauses

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Brian Lipkin

Does Your Business Contract With the Federal Government? Here’s What You Need to Know About New COVID Vaccine Rules

Last week, the federal government issued new COVID vaccine rules that will apply to many federal contractors and subcontractors. These are the highlights: Q: Will the new rules apply to my business? A: These rules will…more

Construction Contracts, Coronavirus/COVID-19, Federal Contractors, Federal Employees, Masks

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Catherine Loeffler

Employer Alert: OSHA Issues Emergency Temporary Standard for COVID-19 Vaccines

The Occupational Safety and Health Administration (“OSHA”) issued its highly anticipated Emergency Temporary Standard (“ETS”) regarding COVID-19 vaccine requirements for certain larger employers. The ETS took effect Friday,…more

Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Covered Employees, Covered Employer, Documentation

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Alan Miller

USEPA Announces Drinking Water MCLs for Certain PFAS.

On Wednesday, April 10, 2024, the U.S. Environmental Protection Agency (“EPA”) announced its first-ever legally enforceable drinking water standard to protect communities from exposure to harmful per-and polyfluoroalkyl…more

Drinking Water, Environmental Protection Agency (EPA), Hazardous Substances, PFAS, Toxic Chemicals

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Brendan O'Donnell

Landowners Should Ensure that Solar Farm Payments Retain Their Value Over Time

Leases for solar energy facilities offer property owners the potential for a predictable, long-term revenue stream. But, because of the potential decades-long duration of a lease for solar energy facilities, things like…more

Energy Sector, Mineral Exploration, Mineral Leases, Mineral Rights, Natural Gas

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Jake Oresick

Pa. Commonwealth Court: Contractors must honor verbal cancellation requests under HICPA

Contractors operating in Pennsylvania must honor customers’ cancellation requests, regardless of whether those requests are made verbally or by another medium. A contractor’s failure to honor such a request will expose them to…more

Cancellation Rights, Consumer Contracts, Contractors, Injunctive Relief, Oral Communications

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Tyler Park

The CrowdStrike® Global Tech Outage

On Friday July 19, 2024, CrowdStrike® Holdings, one of the largest cybersecurity technology companies in the world, announced that a faulty software update caused a global computer outage which ultimately disrupted many…more

Artificial Intelligence, Breach Notification Rule, Cybersecurity, Data Breach, Information Management

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Acacia Perko

Texas Federal Court Strikes Down FTC Ban on Non - Competes in Ryan v. FTC

The long awaited collision between the Federal Trade Commission (FTC) and the varied political and legal opinions on the legality of Employment Non-Compete Agreements (Non-Competes) is now moving up the ladder of jurisprudence…more

Administrative Procedure Act, Arbitrary and Capricious, Declaratory Judgment Act, Defend Trade Secrets Act (DTSA), Employment Contract

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Maura Perri

ACT NOW: FEDERAL FILING REQUIREMENTS MAY IMPACT YOU!

In 2021, Congress passed the Corporate Transparency Act (CTA) in an effort to thwart criminals from using entities as a way to launder money and further illicit activities. The CTA contains a reporting requirement mandating that…more

Beneficial Owner, CEOs, CFOs, Corporate Transparency Act, FinCEN

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Robert H.C. Ralston

The New West Virginia Intermediate Court of Appeals Nears Hearing Its First Cases

Since the creation of the State of West Virginia, the West Virginia Supreme Court has provided the only review of the decisions of the trial courts and administrative agencies. That meant that the West Virginia Supreme Court was…more

Appellate Courts, Civil Claims, Governor Justice, Judges, WV Supreme Court

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Samuel Simon

Does My Dispute Have to be Decided in Private Arbitration?

It is common for agreements to contain a clause mandating that any dispute be decided in private arbitration—rather than in state or federal court. In private arbitration, a neutral arbitrator will hear evidence and render a…more

Arbitration, Arbitration Agreements, Dispute Resolution, Federal Arbitration Act, Mandatory Arbitration Clauses

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Henry Sneath

Texas Federal Court Strikes Down FTC Ban on Non - Competes in Ryan v. FTC

The long awaited collision between the Federal Trade Commission (FTC) and the varied political and legal opinions on the legality of Employment Non-Compete Agreements (Non-Competes) is now moving up the ladder of jurisprudence…more

Administrative Procedure Act, Arbitrary and Capricious, Declaratory Judgment Act, Defend Trade Secrets Act (DTSA), Employment Contract

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Houston Harbaugh, P.C.

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