Defining the Perimeters of the No-Contact Rule by Ashley E. Tremain, Esq. - The no contact rule is one of the most misunderstood rules governing the practicing litigator. The rule is designed to protect corporate and governmental entities from undue interference with the attorney-client relationship, and to facilitate efficient discovery from unrepresented fact witnesses. A clear understanding of what is - and what is not - prohibited by this rule is essential for effective discovery practice in Texas. This article appeared in the March 2013 edition of "Headnotes," published by the Dallas Bar Association. Read More

Avoiding the Theft of Trade Secrets Trap - If you leave your company to work for a competitor or start a competing business, the question is when, not if, your former employer will file a theft of a trade secret claim against you and your new employer. You would be well-advised to take protective measures that will hopefully convince your former employer that filing a theft of trade secrets claim would be a futile waste of time and money. Read More

Employment Law and Drone Surveillance: What We Have to Look Forward To, A Work of Fiction by Bob Goodman, Esquire - Excerpt: The heaviest requirements were, in fact, imposed when a drone to follow the employee home was at issue. The Supreme Court had imposed a "zone of privacy" on what happened in an employee's home over the dissent of all of its conservative justices, but the line was still not clear; in order to follow an employee home, the test was that there had to be some reason to believe the employee was doing something against the employer's interest not only at the workplace, but outside it. Read More

Wrongful Termination Mediation - In 2011, Robert Goodman represented a woman in a wrongful termination mediation that was concluded successfully to her advantage. This article discusses, in the client's own words, that experience and how the process restored her dignity and pride. Read More

There's a Hole in USERRA, Will Texas Fill It? - Since 1994, Congress has prohibited discrimination against active ser-vicemembers and veterans of the armed services, in the Uniformed Services Employment and Reemployment Rights Act (USERRA), which outlawed such discrimination in new hire, ongoing employment and rehire situations. But when it comes to enforcing the clear public policy of dissuading employers from discriminating against military personnel in first-time hiring decisions, USERRA has a gaping hole that needs to be filled. Read More

Substantive FMLA Claims: Common Errors in Implementation by Ashley E. Tremain, Esq. - The Family Medical Leave Act (FMLA) contains many rules that employers must follow. In this article are examples of errors that employers commonly make when implementing the FMLA. Read More

Sexual Harassment in the Workplace - Are you being sexually harassed in the workplace? Sexual harassment can be experienced at work in many different ways. Read this article to find out how sexual harassment is defined in legal terms and what to do about it if you are being harassed. Read More

FINRA's Class Action Rule, Not as Simple as it Seems - The class action rule issued by FINRA has been the subject of litigation and debate, requiring strategic decisions to be made with profound implications. Read More

Whistleblower Protection Beefed Up by Dodd-Frank Additions - In 2012, Dodd-Frank has strengthened the hands of whistleblowers by providing significant financial incentives and extra protection from retaliation by employers. Read More

Have You Been Illegally Terminated? - The definition of wrongful termination is extremely narrow in Texas and New York because they are both right-to-work states. Many people feel they were unfairly treated when they were laid off, fired, or otherwise separated from their employers. This article explain the facts surrounding termination from a legal perspective. Read More

Noncompete Agreement Enforceability Upheld in Texas - In a recent (2010) decision, the highest court in the Lone Star State has once again upheld the enforceability of a noncompete agreement. Many people believe noncompete agreements are unenforceable and, in fact, some states consider them illegal, generally. Read More

Anti-Hispanic Discrimination Still Felt Around the Country - A recent survey performed by the Pew Hispanic Center (PHC) found that over 60 percent of Hispanics polled still feel that they are the victims of national origin bias. Read More

Arbitrating Stockbroker Cases - An investor still reeling from the monetary loss and emotional blow caused by misconduct by a stockbroker likely won't relish the thought of heading to the courtroom. Stockbroker cases that result in civil litigation, however, can drag on for years and easily rack up many thousands of dollars in legal fees. Depositions, travel expenses and expert witness compensation can add to the toll. Read More

Health Care Reform Comes with New Employee Anti-Retaliation Protections  - In March 2010, President Barack Obama signed the health care reform bill into law. The Patient Protection and Affordable Care Act of 2009 (PPACA) includes several important whistleblower protections for employees who report abuse or suspected abuse of the new rights and obligations created under it. Read More

Consider Tax Impact When Negotiating Employment Suits or Severance - Every April, our collective stress level rises as we scramble to meet our tax deadlines. Particularly tricky federal tax issues come up when an employee either receives money from a lawsuit settlement with his or her employer, or severance pay upon leaving a job. In most situations both are taxable as income, but subtleties in the law create some exceptions.Read More

What Employees Should Know About Arbitration Agreements - Included in many employment contracts is an agreement to resolve any disputes between employer and employee through binding arbitration. Read More

Mandatory Arbitration Agreements Unfairly Deny Employee Rights - A mandatory arbitration clause requires an employee to give up any right to bring a lawsuit against the employer for any wrong, including wrongful termination, discrimination or sexual harassment. Read More

ADA Amendments Mean Employers Need to Be More Cautious (Texas Lawyer, 3/6/2009),  Author, Robert M. Behrendt , Partner, Kilgore & Kilgore Lawyers - The ADA Amendments Act of 2008 that was signed into law in September 2009 by President George W. Bush became effective on January 1, 2009. As a result of the new law, employers should take a more cautious approach in their employment practices and decisions and should expect an increase in the number of disability discrimination claims asserted by employees. Read More

Is Texas Handcuffed by Employment Non-Compete Restrictions? Author, Ted Anderson, Managing Director, Kilgore & Kilgore Lawyers - Too often employees come to me with a dilemma. They lost their jobs, accepted modest one-or-two month severances, and now have job offers from companies in competition with their former employers. "Do you have a non-compete agreement with your former employer," I ask. Read More