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Enacted in 2011, the Texas Citizens Participation Act (TCPA) is a tool for courts to swiftly dismiss unsubstantiated legal claims brought for the purpose of discouraging public speech and association. Such claims – referred to as strategic lawsuits against public participation (or SLAPP suits) – are filed to intimidate individuals and silence the exercise of First Amendment rights to freedom of speech, petition, and/or association. The TCPA (also referred to as the Texas anti-SLAPP statute)…
In light of the government’s successful prosecution of the Forest Park Medical Center bribery and kickback case, physicians, practice groups and health care executives should carefully examine their contractual relationships with hospitals, consultants, vendors and employees. Evidence presented during the aggressive prosecution of the physician founders, administrators, surgeons and other affiliates of Forest Park Medical Center offers some important takeaways to guide health care professionals in their contracting relationships. The Forest Park 21 Some quick…
In light of the government’s successful prosecution of the Forest Park Medical Center bribery and kickback case, physicians, practice groups and health care executives should carefully examine their contractual relationships with hospitals, consultants, vendors and employees. Evidence presented during the aggressive prosecution of the physician founders, administrators, surgeons and other affiliates of Forest Park Medical Center offers some important takeaways to guide health care professionals in their contracting relationships. The Forest Park 21 Some quick…
Employment law specialists Keith Clouse and Alyson Brown of Clouse Brown, PLLC, have been named to D Magazine’s list of the Best Lawyers in Dallas for 2019 for their expertise in Labor and Employment Law. To earn a spot on the list, D Magazine’s editors collect nominations from lawyers throughout Dallas/Fort Worth and then conduct an independent review in consultation with an anonymous group of leading local attorneys. “We’re thrilled and grateful to, once
To celebrate, we’re sharing some of our favorite classic firsts. 2018: Clouse Brown Established From the moment we opened our doors in April 2018, we’ve been honored by the clients who have trusted us with their legal matters, our peers who have selected us for referrals and professional recognitions, and our friends, family and staff who supported us every step of the way. Thank you for your support, and here’s hoping we’re around as long…
When a workplace dispute arises, employers and employees often seek to resolve the matter through alternative dispute resolution processes such as mediation. Generally speaking, the choice to mediate a dispute is voluntary — meaning that a party cannot be forced to try and resolve their claims in mediation if they do not want to. However, mediation can also be a contractual prerequisite for resolving disputes arising out of or in connection with an executive’s employment…
Confidential information It’s in a diary This is my investigation It’s not a public inquiry.— “Private Investigations,” Mark Knopfler/Dire Straits It’s Friday. Thoughts are turning to the weekend ahead. The phone rings: We have a problem—I’ve gotten a complaint of sexual harassment against a senior VP. What do I do? I’ve had variations of this call dozens of times. In the months since #MeToo and #TimesUp grabbed national headlines, the volume of calls about workplace…
This week we’re reviewing the major labor and employment cases argued in state and federal courts in Texas, as well as the impact their decisions will have on the workplace. For decisions by the U.S. Supreme Court, please visit our first entry in our 2018 employment law in review series. Major Employment Law Updates and Decisions Challenging local paid sick leave ordinances On February 15, 2018, Austin became the first city in Texas to pass…
Last year was filled with important employment decisions that will have an effect on future litigation of employment claims on both the state and federal level. In the first entry of our two-part series, we discuss some of the most significant United States Supreme Court cases impacting employment law during 2018. Part two will explore changes in employment laws in Texas. Major U.S. Supreme Court Decisions Upholding class action waivers In its decision in Epic
Prior to the enactment of the Texas Uniform Trade Secrets Act (TUTSA), Texas had no dominant law regarding the duties of executives and employees to protect confidential company information. Employers wishing to protect proprietary company information were left to rely on Texas common law and outdated Restatements of law that proved unfit to deal with the expanding developments in technology. As a result, the Texas Legislature provided a legal framework for litigating trade secret disputes…