Are Texas Anti-SLAPP Motions Proper Legal Vehicles to Challenge Standing and, Thus, Subject Matter Jurisdiction?
Written as an Expert Opinion for Texas Lawyer by MWM’s Shain Khoshbin The Texas Citizens Participation Act (TCPA), or anti-SLAPP (Strategic Lawsuits Against Public Participation) statute, is a heavily litigated topic in Texas. The TCPA is designed “to encourage and safeguard the constitutional rights of persons to petition, speak freely, associate freely and otherwise participate […]
How Derivative Will Derivative Claims Go?
How far have courts relaxed, and will courts relax, certain requirements of a direct derivative claim to allow owners of parent companies to try to remedy harm caused to a subsidiary—or even to the subsidiary of a subsidiary—in which they have a beneficial interest?
CALIFORNIA COMPLIANT: Required Pay Data Reporting and Disclosures for California Employers
California employers now must disclose to employees the “pay scale” (salary or hourly wage) for their position upon request. They also must comply with expanded compensation reporting requirements. Both are required by California’s new pay transparency and pay scale disclosure law, SB 1162, also known as the Pay Transparency for Pay Equity Act (“PTA”), which was signed into law by Governor Newsom on September 27, 2022. The new law significantly expands employers’ pay transparency obligations.
CALFORNIA COMPLIANT: Top Ten New Year’s Resolutions for California Employers in 2023
How’s your New Year’s Resolution coming along? It’s that time of year when everyone pauses to reflect. Whether we pledged to exercise or meditate, we often realize later on that sticking to our resolutions is harder if we only have ourselves to keep us accountable. California employers may be challenged to fulfill their New […]
‘Dual Purpose’ Communications, the Attorney-Client Privilege, and the ‘Primary Purpose’ Test in Texas: SCOTUS Punts, But Does Texas? How do Texas courts deal with such “dual purpose communications”?
Written as an Expert Opinion for Texas Lawyer by MWM’s Shain Khoshbin and Aaron Dilbeck The attorney-client privilege is meant to protect from disclosure confidential communications between attorneys and their clients concerning legal advice. It allows Americans to fully understand and benefit from the law, without necessarily being attorneys. A “dual purpose communication” is essentially […]
CALIFORNIA COMPLIANT: New Complexities for California Employers in Managing Family/Sick Leave
Much like the Family Medical Leave Act, the California Family Rights Act (“CFRA”) provides eligible employees the right to take up to twelve weeks of leave for qualifying purposes. California employers often find managing leaves especially challenging because of important differences between the two laws. Beginning January 1, 2023, those challenges will grow: newly-adopted AB […]
CALIFORNIA COMPLIANT: California Establishes Mandatory Bereavement Leave
The California Family Rights Act (“CFRA”) provides eligible employees the right to take up to twelve weeks of leave for qualifying purposes, including to care for a family member. Effective January 1, California adds bereavement leave for the death of a family member to the many other leaves to which employees are entitled. AB 1949 […]
Waco IP Atty Calls Pilot License His ‘Secret Weapon’
By flying his Cessna 421 Golden Eagle to clients or courts, MWM’s David Henry said he’s been able to bolster his practice, attend depositions in different places back to back and fly directly into smaller towns like Marshall, Texas. On a personal level, having his own plane has given Henry the freedom to live wherever he wants and have more time with his family, he said.
Inter-American Bar Association (IABA) posts: More Efficient International Service of Process: To Hague, or not to Hague, that is the question
On Mar. 31, 2022, the Inter-American Federation of Lawyers a/k/a Inter-American Bar Association (IABA) posted the attached article by Shain Khoshbin, Carolyn Raines, and Aaron Dilbeck, More Efficient International Service of Process: To Hague, or not to Hague, that is the question. This article was also the March 2022 Featured Law Article by the State […]
More Efficient International Service of Process: To Hague, or not to Hague, that is the question
CAROLYN RAINES, AARON DILBECK, AND SHAIN KHOSHBIN GET “FEATURED LAW ARTICLE” WITH STATE BAR OF TEXAS – INTERNATIONAL LAW SECTION. The article by Carolyn Raines, Aaron Dilbeck, and Shain Khoshbin, More Efficient International Service of Process: To Hague, or not to Hague, that is the question, was the March 2022 Featured Law Article by the […]