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U.S. Supreme Court Asked to Resolve Split in Circuits on Whether Jones Act Seamen Can Recover Punitive Damages for Vessel Unseaworthiness
  • Phelps Dunbar LLP
  • USA
  • September 17 2018

In 2014, the United States Fifth Circuit Court of Appeals sitting en banc held in McBride v. Estis Well Service that injured Jones Act seamen cannot


Avoiding Unexpected Liability for Former Employees’ Medical Expenses
  • Mintz
  • USA
  • September 12 2018

Adherence to the COBRA health care continuation rules is not always high on an employer’s list of priorities. Compliance is often “outsourced,” and


5th Circuit rejects enforcement of CFPB CID for failing to allege a violation
  • Buckley Sandler LLP
  • USA
  • September 11 2018

On September 6, the U.S. Court of Appeals for the 5th Circuit declined to enforce a Civil Investigative Demand (CID) issued by the CFPB against a


The Fifth Circuit Considers Enforceability of Blocking “Golden Share” Provisions
  • Cole Schotz PC
  • USA
  • September 11 2018

Bankruptcy remote structures have become common in recent years to attempt to prevent a borrower from filing for Chapter 11. One such structure is


Restaurant industry takes on tip credit “8020 Rule”
  • Akerman LLP
  • USA
  • September 11 2018

A restaurant advocacy group has sued the Department of Labor challenging its “8020 Rule,” which limits the use of a tip credit wage where workers


Fifth Circuit Rejects CFPB Bid to Enforce Civil Investigative Demand
  • Hudson Cook LLP
  • USA
  • September 7 2018

On September 6, 2018, the U.S. Court of Appeals for the Fifth Circuit announced its decision in CFPB v. Source for Public Data. For only the second


5th Circuit Court of Appeals Muddies the Waters Regarding IRS Compliance with Code Section 6751(b)(1).
  • Sirote & Permutt PC
  • USA
  • August 31 2018

A recent opinion from the 5th Circuit Court of Appeals, PBBM-Rose Hill, disallowed in full a conservation easement deduction and imposed a 40


Fifth Circuit Court of Appeals holds sovereign immunity bars CERCLA action against state agencies and universities
  • Phillips Lytle LLP
  • USA
  • August 31 2018

Earlier this month, the Fifth Circuit held that sovereign immunity protected a number of state agencies and universities from Comprehensive


Obtaining a non-compete injunction could require disclosing your customer list
  • Kane Russell Coleman Logan PC
  • USA
  • August 27 2018

Texas Rule of Civil Procedure 683 requires that “every order granting an injunction . . . shall set forth the reasons for its issuance; shall be


Fifth Circuit Finds Employer Liable for Harassment by Nonemployee with Diminished Capacity
  • Phelps Dunbar LLP
  • USA
  • August 27 2018

Title VII of the Civil Rights Act of 1964 (“ VII”) prohibits unlawful harassment in the workplace that is perpetrated by coworkers and supervisors