Category Archives: Corporate Defense
Department Of Justice Releases New Corporate Liability Memo
In late November, the US Department of Justice (DOJ) updated its policy known as the “Yates Memo,” which addresses the investigation and prosecution of those involved in corporate wrongdoing. There is no question that the new policy will have a significant effect on corporate liability and executive accountability. DOJ Deputy Attorney General Rosenstein announced… Read More »
Corporate Liability for Accidents Involving Employees
We all know that driving and talking on the phone—or engaging in other distracted driving activities—can be extremely dangerous in terms of public safety, but what about corporate liability? When it comes to distracted drivers who are engaging in work-related activities, the reality is that private employers can sometimes be held liable for the… Read More »
Judge Kavanaugh’s Confirmation to the Supreme Court Will Bolster Corporate Interests
The confirmation of Judge Brett Kavanaugh to the U.S. Supreme Court carries with it a number of implications when it comes to corporate regulations, liability, and business interests. Specifically, his confirmation is expected to significantly weaken a number of government regulations, such as those addressing bank regulations, elections, environmental regulations, climate change, net neutrality,… Read More »
SCOTUS Declining Lead Paint Ruling Could Open the Door to Broad Corporate Liability
On October 15, the U.S. Supreme Court declined to hear an appeal of a lower court’s ruling against paint manufacturers which orders them to pay more than $400 million for lead paint inspection and removal in a number of homes in the U.S. Experts predict that the Court declining to hear the case could… Read More »
When Companies File Trademark and Libel Lawsuits against Each Other
In September, one energy company (Monster) filed a direct lawsuit against a similar corporation Vital Pharmaceuticals Inc. (VPX), claiming that it violated federal trademark statutes, unfair competition, false advertising, and trade libel laws; and demanding a jury trial. The lawsuit highlights just how business disputes often arise and result in litigation between companies in… Read More »
Where to Draw the Line with Films, Folklore, and Copyright Infringement
Some of the most widely covered copyright infringement lawsuits involve litigation filed against movie producers and film companies, accusing them of reproducing, distributing, performing, publicly displaying, or making copyrighted work into a derivative without first obtaining the permission of the copyright owner. One such lawsuit was recently filed and dismissed in connection with the… Read More »
Texas Supreme Court Makes Important Decisions Regarding Insurance Disputes
Below, we discuss two important insurance contract decisions made by the Texas Supreme Court this summer: Arbitration Clauses in Insurance Contracts The Texas Supreme Court recently decided that a party to an insurance policy that mandates arbitration is not required to enter into arbitration in a dispute that involves another party which is not… Read More »
U.S. Supreme Court Upholds Plain Language of Federal Arbitration Act
In late May, the U.S. Supreme Court made an important decision that will have significant implications for all employer and business contracts. Specifically, the Court embraced class action waivers in employment contracts, allowing for the continued use of arbitration clauses in order to facilitate the resolution of business disputes. In its decision, the Court… Read More »
Texas Supreme Court Clarifies Rules Governing Insurance Bad Faith Claims & Damages
Insurance bad faith claims can be complicated in the state of Texas, as recently highlighted by a recent Texas Supreme Court decision. Yet the case also highlights some important “rules” pointed concerning the Texas Insurance Code, as we discuss in greater detail below. The case involved insurers and practitioners faced with statutory bad faith… Read More »
Texas Families Suing General Motors under Questionable Crashworthiness Claims
In April, two Texas families sued General Motors for alleged safety defects involving vehicle head restraints linked to two separate accidents, both of which involved the 2016 Chevy Malibu. The lawsuits allege that one of the drivers was killed—and the other paralyzed from the neck down—when they were rear-ended last October as a result… Read More »