Civil Litigation

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In an opinion today, Judge Furman ruled that, under the Due Process Clause, it is the Government that must bear the burden, in immigration proceedings, to justify the continued detention of people subject to deportation. He found that, in weighing the Government’s interests of ensuring an appearance by the person subject to deportation against that person’s liberty interests, “the greater risk of error” should fall to the Government, and that “[s]everal other considerations” reinforced the…
The U.S. House of Representatives lawmakers announced last week that they have prepared a bill that would establish that a business simply licensing a trademark, such as in the case of a license from a franchisor to a franchisee, would not create a so-called “joint employer” relationship. Joint employment is the sharing of control and supervision of an employee’s activity among two or more businesses. This new bill, called the Trademark Licensing Protection Act of…
In recent years, various government branches and departments across the country who are responsible for policing the government’s own trademarks have been sending cease-and-desist letters and filing suit against local businesses that are using trademarks likely to either cause confusion as to the government’s sponsorship of or affiliation with the companies or dilute the famous qualities of the government’s distinctive marks.…
Here is an excellent blog post about the percentage of public pension income from investment returns. The average for all public pension plans is about 60% of income is from investment returns. That’s why the investment assumption is so important. It needs to be realistic to get a true sense of how PERS will perform in the future. And as Kingfish regularly hammers on Jackson Jambalaya, the projections for future participants in the system also…
It’s hard to believe that summer is over and I’m already following behind school buses on my way to work. Believe it or not, while fall has barely started, and it’s still almost 80 degrees outside, winter and the holidays are just around the corner. If you don’t believe me, just walk into your local CVS and see all the holiday displays! Fall also means one other thing: now is the time to start thinking…
Ernest Svenson is one of the most well known tech authorities in the legal profession. He has an excellent podcast, a blog and writes many articles on legal tech. He knows what he’s talking about. In 12 Steps to a Profitable Law Practice, Svenson explains how he gained the knowledge to become a tech authority and offers advice for tech proficiency. Many attorneys read this blog who basically delegate tech proficiency to staff.…
In In the Interest of K.K.W., an ex-wife sued an ex-husband and the trustee of a trust that they created for breaches of fiduciary duty and sought to remove the trustee, among other claims, arising out of the trustee’s alleged unfair distribution of trust assets. No. 05-16-00795-CV, 2018 Tex. App. LEXIS 6539 (Tex. App.—Dallas August 20, 2018). The trial court granted a summary judgment for the ex-husband and trustee, and the ex-wife appealed. The trustee…
Multiple new sources are reporting that the long anticipated bankruptcy filing for Sears Holding may happen this week. A $134 million dollar debt payment due this coming Monday may force the company into bankruptcy. On Tuesday Sears announced that The CEO of Drivetrain, an advisory firm for distressed companies had joined its Board. Sears Holding operates approximately 500 Sears and 360 Kmart stores. While in the past Sears’ CEO Eddie Lampert has provided funding from…