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Gray Reed Media Kit

“Buy American” Law Changes How Texans Buy Iron and Steel
Build Houston
December/January 2018
Keeping Secrets:  Evidentiary Privileges in Bankruptcy Cases
October 20, 2017
Bankruptcy
SMU Annual Texas Survey - Volume 3
2017
Softening a Hurricane's Blow: Force Majeure and Builder's Risk
Build Houston
October/November 2017
Hydraulic Fracturing Law and Practice
LexisNexis
2017 Edition
Top 10 Texas O&G Cases of 2017 (So Far)
September 25, 2017
What Employers Need to Know About IRS Temporarily Allowing Access to Retirement Funds
Houston Business Journal
September 18, 2017
A Lifeline from the Taxman: IRS Temporarily Broadens Access to Retirement Funds for Victims of Hurricane Harvey
Gray Reed Legal Alert
September 11, 2017 - On August 30, the IRS issued Announcement 2017-11 (the “Announcement”), which indicates that 401(k) plans and similar employer-sponsored retirement plans can allow access to those funds through loans...
Softening a Hurricane's Blow: Force Majeure and Builder's Risk
Gray Reed Legal Alert
September 1, 2017 - Hurricane Harvey caused severe destruction in Texas with its significant winds and historic rainfall. But Harvey may also prove to be a costly lesson for many project owners and contractors. As Texas...
Two Storms: Hurricane Harvey and HB 1774
Gray Reed Legal Alert
August 30, 2017 - Although insurance claims may be the last thing on the minds of many folks in Texas at the moment, HB 1774, which governs “force of nature” 1 related insurance claims, is currently set to go into e...
Ain’t No Easy Answers: D&O Insurance Proceeds in Bankruptcy
Norton Journal of Bankruptcy Law & Practice, Volume 26, Issue 4
August 2017
“Buy American” Law Changes How Texans Buy Iron and Steel
August 25, 2017 - As a result of newly enacted Texas Senate Bill 1289, buying American iron and steel is now a requirement on certain public infrastructure projects in Texas. Promoted by President Trump, passed by the...
Texas Supreme Court Ruling Requires Careful Analysis of Mineral Deeds
Gray Reed Legal Alert
August 9, 2017 - On June 23, 2017, the Texas Supreme Court issued its opinion in Wenske v. Ealy .  The issue in this case was whether a deed passed the entire burden of a non-participating royalty interest to the gr...
ICE Is Coming For Undocumented Workers - How To Prevent Corporate Frostbite
Build Houston
August 1, 2017
When Does a Gas Dedication Create a Real Property Interest? A Post-Sabine Analysis of Covenants Running with the Land
Texas Journal of Oil, Gas, and Energy Law
Summer 2017
Texas Nuisance Law Clarified
Dallas Bar Association's Headnotes
July 24, 2017
Special Focus Peer Review Committees: The Evolution of Traditional Peer Review to Improve Efficiency and Performance
Dallas Medical Journal
July 2017
ICE Is Coming For Undocumented Workers: How To Prevent Corporate Frostbite
TEXO Magazine
Summer 2017
Legislative Update: Significant Bills of the 85th Texas Legislature, Regular Session Affecting Real Estate Lending and Other Commercial Matters
Real Estate, Probate & Trust Law Section of the State Bar of Texas Section Report
June 23, 2017
Judicial Profile: Hon. Rodney Gilstrap
The Federal Lawyer
June 2017
Doctors’ Defense in Medical Staff Hearings and Appeals:  An Overview for Attorneys and their Physician Clients
Physician Law: Evolving Trends & Hot Topics 2017
June 21, 2017
Why Menchaca Changes Nothing for Appraisal Law
Law360
June 6, 2017
Special Focus Peer Review Committees: The Evolution of Traditional Peer Review to Improve Efficiency and Performance
Becker's Hospital Review
June 2, 2017
The Defend Trade Secrets Act of 2016
KenMor Magazine
Spring 2017
Case Brief – TC Heartland LLC V. Kraft Foods Group Brands LLC
Gray Reed & McGraw Legal Alert
May 31, 2017 - On May 22, 2017, the United States Supreme Court issued its opinion in TC Heartland, reversing the Federal Circuit’s longstanding interpretation of the federal patent venue statute and adopting ...
ICE Is Coming For Undocumented Workers: How To Prevent Corporate Frostbite
Texas Nursery & Landscape Association Green Magazine
May 30, 2017
Paving the Way for Economic Growth: Reforming the Notorious U.S. Tax System
Texas Lawbook
May 18, 2017 - (Originally published by Texas Lawbook) The debate surrounding tax reforms has always been in a constant state of flux. The U.S. tax system stands in urgent need of reform, as we are facing numerous...
AVOID THE BATTLE, WIN THE WAR: Why What You Say, How You Say It, and When You Say It Matters
NASPD Pipeline Magazine
May 16, 2017 - “Victorious warriors win first and then go to war, while defeated warriors go to war first and then seek to win.” Sun Tzu, The Art of War. From handshake deals to seemingly perfectly papered transac...
Farmout Agreements: Navigating the Wild West of the Bankruptcy World
Gray Reed & McGraw Legal Alert
May 15, 2017 - While farmout agreements are commonplace in the oil & gas industry, the treatment of farmouts in bankruptcy is far from certain. A farmee can suffer disastrous consequences as a result of a farmor’s ...
ICE Is Coming For Undocumented Workers: How To Prevent Corporate Frostbite
Construction Executive
May 9, 2017
San Jacinto Justice: The Republic Supreme Court Jurists Who Won Texas Independence
29 Appellate Advocate 319
Spring 2017
Special Focus Peer Review Committees: The Evolution of Traditional Peer Review to Improve Efficiency and Performance
MedStaff News
May 1, 2017
ICE is Coming for Undocumented Workers, How to Protect Your Business
Landscape Management
April 19, 2017
When Does a Gas Dedication Create a Real Property Interest? A Post-Sabine Analysis of Covenants Running with the Land
Section Report of the Oil, Gas & Energy Resources Law Section of the State Bar of Texas
Winter 2017
Midstream Contracts: Squaring Off Over Midstream Agreements
Oil & Gas Investor
March 2017 - Do midstream covenants run with the land, or are they executory contracts?  A mere two years ago, few pondered the legal characterization of gas dedications contained in the thousands of gathering, p...
Midstream Agreements in a Stressed Environment
Oil & Gas Financial Journal
February 2017 - COVENANTS RUNNING with the land or executory contracts? A mere two years ago, few pondered the legal characterization of gas dedications contained in the thousands of gathering, processing and transp...
Landmen as Independent Contractors: Is the Government's Voluntary Settlement Program Too Good to Pass Up?
TIPRO Target Newsletter
February 2, 2017
Landmen as Independent Contractors: Is the Government's Voluntary Settlement Program Too Good to Pass Up?
Dallas Association of Petroleum Landmen (DAPL) February Newsletter
February 2, 2017
Landmen as Independent Contractors: Is the Government's Voluntary Settlement Program Too Good to Pass Up?
Houston Association of Professional Landmen (HAPL) February Newsletter
February 1, 2017
Becoming a Texan: a Checklist for New Residents
Dave Perry Miller New Resident Packet
January 12, 2017 - Before adding “y’all” to your vocabularly, purchasing exotic cowboy boots, deciding which truck to buy and adjusting your calendar for Friday night football games, make these legal adjustments during...
Landmen as Independent Contractors: Is the Government's Voluntary Settlement Program Too Good to Pass Up?
Landman Magazine
January 3, 2017 - The days of the lone landman driving around the back roads taking leases and visiting courthouses are becoming a thing of the past. Though there are still a few independent landmen who fit this mold,...
Why Repealing Obamacare Will Be Hard Work for Trump
Business 2 Community
December 1, 2016
New Overtime Regulations Frozen – to Death? What You Need to Know About the Overtime Rule Injunction Issued Nov. 22, 2016
Gray Reed & McGraw Legal Alert
November 23, 2016 - New Overtime Regulations Frozen – to Death? What you need to know about the overtime rule injunction  issued Nov. 22, 2016 by Marcus Fettinger and Michael Kelsheimer On March 13, 20...
Will Trump End the ACA? Some Practices Approve; Experts Say Not So Fast
Part B News
November 21, 2016 - Practices are optimistic that President-elect Donald Trump’s promised quick repeal of Obamacare will improve their fortunes and their patients’ options, according to 85 respondents of a recent Part B...
What Does a Donald Trump Presidency Mean for Healthcare? 15 Responses
Becker's Hospital Review
November 16, 2016 - Fifteen people from around the healthcare industry discuss how they expect President-elect Donald Trump to affect healthcare in the future.
Lend Me Your Ear: An Update on the Syngenta Corn Case for Indiana Corn Farmers
Indiana Agricultural Law Foundation Newsletter
November 14, 2016
A Brave New World of Overtime Compliance
KenMore
Fall 2016 - Businesses have struggled with complying with overtime laws since the Fair Labor Standards Act (“FLSA”) went into effect in 1938. Plaintiffs’ lawyers have capitalized on this confusion in recent year...
Making the Move
Texas Bar Journal
November 1, 2016
Selected Causes of Action Unique to the Oil and Gas Industry
Texas Business Litigation (ALM 2016 ed.)
October 17, 2016
IRS Launches Renewed Attack on Valuation of Family Businesses - A Seismic Shift for Estate and Gift Tax Valuations
Gray Reed & McGraw Legal Alert
August 25, 2016 - Taxation by Executive Fiat IRS Launches Renewed Attack on Valuation of Family Businesses A Seismic Shift for Estate and Gift Taxations By Norm Lofgren, Gray Reed & McGraw Unable to acco...
Final Rule Implementing Section 1557 of the Affordable Care Act Provides Health Care Specific Anti-Discrimination Mandates
American Health Lawyers Association
July 15, 2016 - Final Rule Implementing Section 1557 of the Affordable Care Act Provides Health Care Specific Anti-Discrimination Mandates   Section 1557 of the Affordable Care Act of 2010 (Section 1557) m...
Routine Payroll Tax Delinquencies have become Stepping Stone to Criminal Prosecutions
Tax Alert
July 11, 2016 - Tax Alert: Payroll Delinquencies have become Stepping Stone to Criminal Prosecutions by Tom Rhodus A routine payroll tax investigation may now require a tax lawyer’s advice at the earliest...
The Main Chorus: Accountability
Texas Lawyer
July 5, 2016 - The Main Chorus: Accountability by Gene R. Besen The days of individual executives avoiding responsibility for corporate fraud through the payment of massive corporate penalties (paid w...
5th Circ. Brings Consistency To Improper-Joinder Analysis
Law360
June 27, 2016
Federal Changes to Overtime Exemptions
New Regulation Decreases Number of Exempt Employees
May 18, 2016 - Federal Changes to Overtime Exemptions New Regulation Decreases Number of Exempt Employees by Michael Kelsheimer For the last year, the U.S. Department of Labor (DOL) has been working on ...
The Defend Trade Secrets Act of 2016
What You Need to Know Right Now
May 5, 2016 - The Defend Trade Secrets Act of 2016 by Travis Crabtree, Michael Kelsheimer and David Lisch President Obama is expected to sign the Defend Trade Secrets Act of 2016 (DTSA), which was passed b...
It's Time to Name Names
Gray Reed & McGraw Legal Alert
February 17, 2016 - It's Time to Name Names by Gene Besen To receive cooperation credit, the Department of Justice now requires companies to certify that they have identified all involved individuals. Las...
National Origin, Citizenship & Immigration Status Discrimination
Gray Reed's Employer Handbook
February 17, 2016 - We have finally arrived at the end of the discrimination series. Last, but certainly not least, is National Origin and Immigration Status discrimination. This time we combine not just the laws of Tit...
New Partnership Audit & Assessment Rules
Gray Reed & McGraw Legal Alert
February 16, 2016 - New Partnership Audit & Assessment Rules As part of the Bipartisan Budget Act of 2015, Congress repealed the Tax Equity and Fiscal Responsibility Act (TEFRA) and replaced it with new partnership...
“The Last Nail in the Coffin”: Delaware Chancery Court Rejects Another Disclosure-Only Settlement
February 4, 2016
Supreme Court Alters Enforcement of Subrogation Clauses
Gray Reed & McGraw Legal Alert
January 29, 2016 - Supreme Court Alters Enforcement of Subrogation Clauses By Jason Luter   Attention Insurance Providers and Self-Insured Providers A recent U.S. Supreme Court ruling has overtur...
The Impact of the Yates Memo: Government Investigations are Getting Personal
Gray Reed & McGraw Legal Alert
January 14, 2016 - The Impact of the Yates Memo Government Investigations are Getting Personal By Gene Besen A recent memorandum authored by Deputy Attorney General of the United States, Sally Quillian Y...
Race Discrimination
Gray Reed's Employer Handbook
December 10, 2015 - When I started practicing employment law years ago, I thought race discrimination was a thing of the past. I believed people were too enlightened for that nowadays. I wish I were right. As you can te...
U.S. Supreme Court Overturns Eighth Circuit Decision Regarding Issue Preclusion in Trademark Case
Gray Reed & McGraw Legal Alert
December 9, 2015
Death Knell for the Merger Tax on Disclosure-Only Settlements in Delaware?
October 22, 2015
Voting Rights
Gray Reed's Employer Handbook
October 19, 2015 - Fall is in the air. No, wait, fall is definitely not in the air because it is still 90 degrees here in Dallas. In any event, we are coming up on November elections. The election for the Big Kahuna is...
Delaware Courts Scrutinize Recent Proposed Settlement Agreements – A Harbinger of Fewer M&A “Transaction Tax” Lawsuits?
September 10, 2015
Update on Unreported Foreign Bank Accounts
Gray Reed & McGraw Legal Alert
September 9, 2015
Religious Discrimination
Gray Reed's Employer Handbook
August 11, 2015 - They say you should never discuss politics or religion in polite company.  Nevertheless, today we are going to address religion and religious discrimination in the workplace.  Nothing inflames the pa...
Understanding the New "Open Carry" Laws
Gray Reed & McGraw Legal Alert
August 4, 2015 - The Texas House and Texas Senate, by an overwhelming margin, recently passed House Bill 910 during the 84th Texas Legislative Session, allowing concealed-handgun-licensed owners to openly carry a han...
409A Compliance: Have or Want a Bonus Plan? Ensure it's Compliant
Gray Reed & McGraw Legal Alert
July 7, 2015 - Have or Want a Bonus Plan? Ensure It Complies with IRS Tax Code or Face Hefty Fines The Internal Revenue Service (“IRS”) recently ruled that an employee’s bonus plan violated Section 409A of the ta...
Fiduciary Duties When Selecting 401(k) Plan Investments
Gray Reed & McGraw Legal Alert
June 30, 2015 - If you are responsible for selecting the mutual funds offered in your company’s 401(k) plan, pay attention. If you choose a more expensive fund, or don’t explain why you made the choice you did, your...
Jury Duty
Gray Reed's Employer Handbook
June 22, 2015 - I've been called many times but I have never had the pleasure of sitting on a jury and I probably never will.  Of course, most of you are thinking "pleasure" is the wrong word for jury duty.  For you...
Sex Discrimination
Gray Reed's Employer Handbook
April 21, 2015 - Change is in the air.  You probably haven't noticed it, but there haven't been any Employer Handbook editions so far this year.  After steadily delivering ten editions each year for the last four yea...
Policy Perspective – Enhancing Public Safety and Saving Taxpayer Dollars: The Role of Mental Health Courts in Texas
Texas Public Policy Foundation Center for Effective Justice
April 2015
Recent Fifth Circuit Opinion Blocks Punitive Damages in Maritime Case
Gray Reed & McGraw Legal Alert
December 15, 2014
Americans with Disabilities Act
Gray Reed's Employer Handbook
December 3, 2014 - It is not a sexy topic to finish out the year, but the compliance with the Americans with Disabilities Act is certainly an important topic.  The ADA used to be marginalized and scoffed at as a claim ...
Employee Handbooks
Gray Reed's Employer Handbook
October 30, 2014 - Fall is in the air (such that it is in North Texas) and, apparently it is time for everyone to review their employee handbook as I have received a rash of requests to review and revise handbooks late...
D.C. Circuit Issues Important Ruling in National Security Case
Gray Reed & McGraw Legal Alert
August 13, 2014 - by Mark D. Wigder D.C. Circuit Court of Appeals Finds That CFIUS Violated Foreign-Controlled Company’s Due Process Rights, But Rejects Review of Presidential Determination The Case: Ralls Corporati...
Pregnancy Discrimination
Gray Reed's Employer Handbook
July 29, 2014 - I doubt it, but you may have heard me on KRLD a couple of weeks ago discussing new rules relating to pregnancy discrimination issued by the Equal Employment Opportunity Commission.  It appears tha...
Why A Privately-Held Company May Have To Disclose That It Might Be Sold
Gray Reed & McGraw Legal Alert
July 25, 2014 - Why A Privately-Held Company May Have To Disclose That It Might Be Sold By Mark D. Wigder The Case: Finnerty v. Stiefel Laboratories, Inc., No. 12-13947 (11th Cir. June 30, 2014) The...
Houston Civil Rights Ordinance Criminalizes Discrimination
Gray Reed & McGraw Legal Alert
July 14, 2014 - By Marcus Fettinger In Houston, it is now a crime (Houston Ordinance No. 2014-530, known as the “Houston Equal Rights Ordinance”) for employers with 50 or more employees to discriminate against indi...
U.S. Supreme Court Recognizes that Certain For-Profit Corporations may Exercise Religious Beliefs
Gray Reed & McGraw Legal Alert
July 14, 2014 - By Pat Souter On June 30, 2014, the U.S. Supreme Court issued its historic 5-4 ruling that a closely-held corporation may refuse to offer its employees insurance coverage for certain contraceptive me...
Texas Supreme Court Significantly Limits the Minority Shareholder Oppression Doctrine
Gray Reed & McGraw Legal Alert
July 7, 2014 - In Ritchie v. Rupe No. 11 – 0447 (June 20, 2014), the Texas Supreme Court, over a vigorous dissent, delivered a fatal blow to the Texas common-law cause of action for minority shareholder oppressio...
Language Changes for Borrowers and Guarantors of Secured Real Estate Loans
Gray Reed & McGraw Legal Alert
July 2, 2014 - In an important development this June, the Supreme Court of Texas handed down an opinion that will affect borrowers and guarantors of secured real estate loans. In Moayedi v. Interstate 35/Chisam R...
Seasonal Workers & Obamacare
June 27, 2014 - by Jason Luter This summer, many of you will be adding temporary employees to assist with your business operations as seasonal demands increase. This year, particularly, we want to make you aware of...
“Made in America” Creates M&A Opportunities in U.S. Manufacturing Industry
June 2014
Travel Time
Gray Reed's Employer Handbook
May 30, 2014 - With this month’s topic, we are for some reason reminded of the lyrics to a Clint Black song: “. . . no time to kill, but time to change the kind of hurry I’ve been in . . .” For many employers, tra...
Does Your Property Tax Bill Seem Like a Shock and Awe Campaign?
Gray Reed & McGraw Legal Alert
May 15, 2014 - by Jim Reed Gray Reed & McGraw enjoys extensive property tax and property valuation experience, having prosecuted ad valorem disputes for clients for more than 25 years.  Of course, our commercial...
Child and Spousal Support
Gray Reed's Employer Handbook
April 30, 2014 - One of my friends, and a good client, called recently with an employee standing in her office.  The employee was demanding that the company stop deducting for child support and pointing to an order ...
Delaware Supreme Court Affirms Availability of Business Judgment Rule in Controlling Stockholder Mergers
April 30, 2014
Infographic: The Rules for Taking Images From the Web for Your Own Use
April 21, 2014 - by Travis Crabtree - It is very easy to point, click and save images from the web, but are you using them legally? This infographic provides you with a handy reference guide to ensure the pictures yo...
Trade Secrets in Wellogix v. Accenture
Gray Reed & McGraw Legal Alert
April 1, 2014 - The court battle between Wellogix and Accenture regarding stolen and misappropriated Wellogix trade secrets carries on with the U.S. Supreme Court being asked to review the judge’s role in assessin...
Bonuses
Gray Reed's Employer Handbook
March 27, 2014 - Contemplating how to open this month’s edition yesterday evening, I was interrupted by an especially loud commercial for a magical car scratch kit.  At the end of the commercial came the customary, i...
Commercial Lease Review (Tenant)
Gray Reed & McGraw Legal Alert
March 19, 2014 - Commercial Leasing 101 Planning for a successful start to your commercial office or retail lease By Lindsey Postula The Process A typical lease review begins with the attorney...
Age Discrimination
Gray Reed's Employer Handbook
February 27, 2014 - Age discrimination claims are on the rise.  With the down economy from 2008 – 2012 (or even 2013), many 50-somethings found themselves downsized.  Statistically it has been difficult for them to find...
Tackling Partnership Structures and Exit Events
Texas Business Journals
February 2014
I-9 Forms
Gray Reed's Employer Handbook
January 31, 2014 - If you’ve hired someone, you are familiar with the USCIS form I-9 (and if you’re not, maybe you should give me a call).  You probably have a good grasp on how to fill it out as well.  But what if you...
Preserve Your Right to a Payroll Tax Refund
Gray Reed & McGraw Legal Alert
January 28, 2014 - By Jason Luter A disagreement between two federal appeals courts regarding whether payroll taxes must be paid on severance payments made to laid-off workers has landed the issue in front of the U....
Texas Groundwater Rights and Immunities: From East to Day and Beyond
5 Texas Water Journal 59
2014
The Toughest Bar in Texas: The Alamo Bar Association
Journal of the Texas Supreme Court Historical Society
2014
E-Filing Tips, Traps, and Workarounds
Texas Court of Appeals websites
December 19, 2013
E-Filing Tips, Traps, and Workarounds
Texas Court of Appeals websites
December 19, 2013
Holiday Parties
Gray Reed's Employer Handbook
November 22, 2013 - I know I’m getting old now.  I am wondering where the year has gone.  The last time I looked up it was summer and – whoosh – its November.  The malls are starting to get crowded and the holiday lig...
Obamacare and Seasonal Workers
Gray Reed & McGraw Legal Alert
November 7, 2013 - By Jason Luter During the holiday season, many employers bring on additional workers, or “seasonal employees,” to assist with increased customer demands.  This year, employers should take note of ...
Structuring Strategic Alliances
Straightline
November 2013
Employee Terminations
Gray Reed's Employer Handbook
October 30, 2013 - Unless you run the happiest company in America, terminations are an unfortunate by-product of having employees.  They are unpleasant not just for the person being let go, but often for the person giv...
Background Checks
Gray Reed's Employer Handbook
October 1, 2013 - Have you ever “Googled” a prospective employee?  Is that a good idea?  What about requiring a prospect to share their Facebook password so you can check what they have posted?  Are these legal?  Are...
Nathan Hecht’s 25 Year Record in Texas Supreme Court
Texas Lawbook
September 30, 2013
SEC Eliminates the Ban on General Solicitation and Disqualifies Participation by “Bad Actors” in Certain Private Securities Offerings
Gray Reed & McGraw Legal Alert
September 26, 2013 - By Mark Wigder The Securities and Exchange Commission (SEC) adopted new rules under the Jumpstart Our Business Startups Act (JOBS Act) to permit general solicitation and advertising of certain priva...
Same-Sex Marriage Impacts Texas Retirement Plans
Gray Reed & McGraw Legal Alert
September 9, 2013 - By Jason Luter On June 26, 2013, the United States Supreme Court issued a decision in the case of Windsor v. United States holding the Federal Defense of Marriage Act (“DOMA”) unconstitutional...
Texas Citation Writ Large[r]: Consequential Necessity or “Tyranny of the Inconsequential”?
26 Appellate Advocate 24
Fall 2013
Equal Pay Act
Gray Reed's Employer Handbook
August 28, 2013 - This June marked the 50 th anniversary of the Kennedy Administration’s Equal Pay Act, a law designed to help equalize wages between men and women.  According to statistics quoted around the time of ...
Workplace Investigations
Gray Reed's Employer Handbook
August 2, 2013 - Ever wonder what it is like to be the detective investigating a crime?  Television makes it look like such a glamorous and exciting job.  You get to question the key witness until they crack under pr...
Your Business and the 83rd Legislature
Gray Reed & McGraw Legal Alert
July 11, 2013 - By Stephen Cooney Our friends in the Texas Legislature recently adjourned its regular legislative session for the 83 rd time.  They filed 5,868 bills and passed around 1,400.  Below is a summar...
Board-Adopted Forum Selection Bylaws Upheld by Delaware Court of Chancery
July 2, 2013
Protect Your Trade Secrets – TUTSA
Gray Reed & McGraw Legal Alert
May 30, 2013 - On May 2, 2013, Texas Governor Rick Perry signed into law the Texas Uniform Trade Secrets Act (TUTSA). The statute takes effect September 1, 2013, making Texas the 47 th state to adopt the UTSA. Onl...
Tips
Gray Reed's Employer Handbook
May 28, 2013 -  For the first time, we have focused on a topic that might not apply to everyone.  We received a special request for an edition on tips.   So, here it is!  For those outside the tip arena, this edit...
At-Will Employment
Gray Reed's Employer Handbook
April 29, 2013 - What does “at-will” employment mean?  The general assumption is that “at-will” means an employee can quit for any reason and can be fired for any reason.  But is that really true?  Well . . . maybe n...
Recordkeeping - Part 2
Gray Reed's Employer Handbook
March 27, 2013 - In keeping with our promise, we return this month with the second half of our recordkeeping discussion to cover the remaining requirements and pass on what might be a simpler set of rules to follow. ...
Recordkeeping - Part 1
Gray Reed's Employer Handbook
February 27, 2013 - Many employment laws have posting requirements and recordkeeping requirements.  While most businesses easily meet their posting requirements by purchasing a new Texas and Federal Employment law poste...
IRS Temporarily Expands Eligibility for Misclassified Worker Settlement Program
Gray Reed & McGraw Legal Alert
February 25, 2013 - By Jason Luter Multiple factors are used to determine if an individual worker is an employee or an independent contractor.  The determination generally is made based on whether the enterprise for ...
Should LLCs Convert to S Corporations?
Gray Reed & McGraw Legal Alert
February 22, 2013 - By Jennifer Gurevitz and Tom Rhodus For the past ten years, the limited liability company (“LLC”) was the entity of choice for most businesses due to the ease of administration, flexibility and cr...
Opportunity For Retroactive 2012 Gift From IRA To Charity
Gray Reed & McGraw Legal Alert
January 25, 2013 - Opportunity for Retroactive 2012 Gift from IRA to Charity: But You Must Act Before February 1, 2013   By Norm Lofgren and Jennifer Gurevitz The American Taxpayer Relief Act of 2012 (“TR...
Smoking Discrimination
Gray Reed's Employer Handbook
January 25, 2013 - Whether you are a smoker or a business owner that hates smoking, you should know the rules about smoking at work.  Seriously?  Is smoking another “protected class” like race, sex, national origin, et...
The Supreme Court Blesses Arbitration Clauses in Non-Competes
Gray Reed & McGraw Legal Alert
December 19, 2012 - Litigants Can Arbitrate Non-Competes under the Federal Arbitration Act But is it Always a Good Idea? By Joe Virene and Jonathan Hyman , Gray Reed & McGraw Non-competes are governed ...
Unpaid Interns, Volunteers and Trainees
Gray Reed's Employer Handbook
December 19, 2012 - About a month ago, my wife made me watch the movie, The Devil Wears Prada and it made me wonder how many other businesses are out there taking advantage of free labor from “interns”.  As it turns o...
Act Now to Avoid Paying More Taxes
Gray Reed & McGraw Legal Alert
December 6, 2012 - By Jason Luter One of the implications of the so-called “fiscal cliff” is higher income taxes beginning January 1st, 2013.  Of course, no one knows what Congress and the President will ultimatel...
Workers’ Compensation Retaliation
Gray Reed's Employer Handbook
November 6, 2012 - Whether you are a subscriber to workers’ compensation or not, an employee’s claim of injury is not just sad for the employee, but it interferes with an employer’s ability to conduct business.  You ne...
Are You Prepared for a Software Audit? You Better Be
Gray Reed & McGraw Legal Alert
October 16, 2012 - It is a little ironic that in the high tech software world, your liability sometimes comes down to whether you saved the receipt. If you face an audit and don't have the records to support all of the...
Discriminatory Use of Criminal Background Checks
Gray Reed's Employer Handbook
September 26, 2012 - This spring Pepsi got "popped" for a $3.1 million dollar settlement with the EEOC over its refusal to hire anyone with an arrest or conviction record. Following the settlement, the EEOC released upda...
The WARN Act
Gray Reed's Employer Handbook
August 27, 2012 - In this continuing tough economy, employers that have avoided layoffs are finding it hard to maintain efficiency. To slim down and become more efficient, many are finally laying off large numbers of ...
Catch 2260: Suits Against the State Under Government Code Chapter 2260
14 Texas Tech Administrative Law Journal 93
Fall 2012
IRS Unsuccessful in Attack on Gifts of Family Limited Partnership Interests
Gray Reed & McGraw Legal Alert
July 19, 2012 - The United States Tax Court recently established new parameters for qualifying gifts as annual exclusion gifts. Under current law, a person has a right to give away up to $13,000 of assets each year,...
Q&A on the U.S. Supreme Court's Decision on Healthcare Reform
July 12, 2012 - On June 28, 2012, the U.S. Supreme Court issued its long-awaited ruling on the constitutionality of President Obama's health care reform legislation (see Supreme Court Issues Landmark Decision on He...
The Dangers of Misclassifying Landmen: Is the Government's New Settlement Program Too Good to Pass Up?
Gray Reed & McGraw Legal Alert
July 5, 2012 - The days of the lone landman driving around the back roads taking leases and visiting courthouses have become a thing of the past. Though there are still a few independent landmen that fit this mold,...
Supreme Court Issues Landmark Decision on Healthcare Reform
Gray Reed & McGraw Legal Alert
June 28, 2012 - In a long-awaited decision, the Supreme Court upheld the constitutionality of the Affordable Care Act. The debate centered on the constitutionality of two provisions of the ACA: the highly-publicized...
Hiring Children
Gray Reed's Employer Handbook
June 25, 2012 - This month's piece is written for both your business and personal interest. Maybe your close friend is trying to get you to hire her 14 year old to get him out of the house for the summer. Or, perh...
Hiring
Gray Reed's Employer Handbook
May 30, 2012 - In this day and age it is very tempting to "google" your prospective hires to see what you can learn about them on the internet. Some companies have even started demanding to look at a prospective em...
Deductions from Pay
Gray Reed's Employer Handbook
April 30, 2012 - One of your employees damages a piece of work equipment. Can you deduct the repair from their wages? What if it takes them below minimum wage for the week? Do you need their written consent before do...
Job Descriptions
Gray Reed's Employer Handbook
March 29, 2012 - How does Hooters ™ get away with hiring all young female waitstaff? Well, the company got sued over it, but wised up afterward and created a job description that makes it a "bona fide occupational q...
Genetic Information Nondiscrimination Act (GINA)
Gray Reed's Employer Handbook
March 5, 2012 - Fast forward twenty years. Everybody is genetically tested to find out what health issues have been passed to them from their parents. To protect the citizenry from the prying eyes of insurance compa...
Uniformed Services Employment and Reemployment Rights Act (USERRA)
Gray Reed's Employer Handbook
January 31, 2012 - Atten-Hut: This month we focus on the Uniformed Services Employment and Reemployment Rights Act ("USERRA"). The name may be a mouthful but most employers seem to have no clue about this law or its re...
Year End Brings Fiduciary Liability Risk for 401(k) Plans
Gray Reed & McGraw Legal Alert
December 14, 2011 - By Terry Sabom As a result of new U.S. Department of Labor requirements, employers sponsoring 401(k) plans will be receiving communications from their "service providers" (mutual funds, investment...
Covenants Not to Compete
Gray Reed's Employer Handbook
December 12, 2011 - Last month we covered trade secrets and confidentiality. Now, it is time to give you the most commonly used weapon to combat employees taking your secrets across the street to a competitor. Behold, t...
Trade Secrets and Confidentiality
Gray Reed's Employer Handbook
November 3, 2011 - What is the recipe for Coke? Can you tell me Colonel Sanders 11 herbs and spices? I couldn't tell you, but there are probably some employees of those companies who can. If you thought about it long e...
Polygraph Protection
Gray Reed's Employer Handbook
September 29, 2011 - Before 1988, businesses could essentially break out a polygraph machine to test employees anytime they liked and rely on the results in all business decisions.  After Congress passed the EPPA, use of...
Privacy in the Workplace
Gray Reed's Employer Handbook
August 11, 2011 - Can you rifle through an employee's purse at work? Can you listen to their phone calls or read their e-mail? Some of you are reacting to these questions as individuals who want their privacy protecte...
Maintenance of Effort Requirements Ensure Health Insurance During Tough Economic Times
Missouri Budget Project
August 4, 2011
Rate Review Requirements in Health Care Reform: Increased Information May Improve Consumer Decision-Making
Missouri Budget Project
July 29, 2011
Not All Pension Plans Are Created Equal
July 25, 2011 - As a series of high-profile states, cities, and large corporations across the country are being forced to shut down their traditional pension plans, the opposite trend is occurring in retirement plan...
Exempt vs Non-Exempt Employees
Gray Reed's Employer Handbook
June 18, 2011 - Last we covered the basics of overtime. This month, you get the other half - exempt vs non-exempt employees. As if there were not enough potential for trouble with just calculating overtime, there ar...
Is It Really "Loser Pays" in Texas? The Latest Tort Reform Law Explained in Plain English
Gray Reed & McGraw Legal Alert
June 16, 2011 - By Tamara Wall There was a lot of press and hand-wringing over the passage of the Texas Legislature's latest version of tort reform. Like many contentious issues, a lot of misinformation accompanied...
Employee Overtime
Gray Reed's Employer Handbook
May 19, 2011 - Of all the employment issues out there, overtime is relatively simple, right? Just hand it off to the payroll company and voilà, it's done. Of course, the payroll company does not decide whether empl...
Sexual Harassment: How to Avoid an EEOC Claim and Lawsuit
Gray Reed's Employer Handbook
April 29, 2011 - Television and movies have done a lot to form our opinions about what is and is not permissible in the workplace. Everyone has seen the boss\secretary affair, and most people realize it is not approp...
Take Action Now to Prevent Your Website Being Associated with a Porn Site
Gray Reed & McGraw Legal Alert
April 4, 2011 - After much debate, the international body in charge of governing domain names, ICANN, has authorized pornography-based websites to register with a top-level domain of .xxx as opposed to the more comm...
Employee Drug Testing
Gray Reed's Employer Handbook
February 25, 2011 - The need to test an employee for drugs doesn't come up very often, but when it does, employers tend not to act. They have the desire, but employers just don't know if it is legal. Erring on the side ...
Pacific Lumber and Philadelphia Newspapers: The Eradication of a Carefully Constructed Statutory Regime Through Misinterpretation of Section 1129(b)(2)(A) of the Bankruptcy Code
The American Bankruptcy Law Journal
February 1, 2011
Does the Family Medical Leave Act Apply to My Business?
Gray Reed's Employer Handbook
January 19, 2011 - The Family Medical Leave Act or "FMLA" provides sweeping benefits to employees allowing them to take up to twelve weeks a year in unpaid time off and keep their job. Most business owners are aware of...
The Differences Between Independent Contractors and Employees
Gray Reed's Employer Handbook
January 4, 2011 - Uncle Sam needs tax dollars in a down economy and he knows independent contractors often forget to report all or a portion of their income. That is why the Department of Labor and IRS have recently t...
How Can an Employer Successfully Handle Social Networking?
Gray Reed's Employer Handbook
December 10, 2010 - "Social Networking" wasn't even a recognized concept ten years ago when I went into private practice. Now it is vying for a place in Webster's and so pervasive that business owners have to consider h...
In Defense of Confidential Votes on Petitions for Review at the Texas Supreme Court
23 Appellate Advocate 34
Fall 2010
Recent Amendments to the FCA
Gray Reed & McGraw Legal Alert
August 25, 2010 - Health Care Reform Places Affirmative Duty on Providers to Refund Overpayments From Federal Health Care Programs Health care reform raises many difficult issues for health care providers. Risks that...
The Problem of Proximate Cause: Assigning Restitution Under 18 U.S.C. § 2259: In re Amy, 591 F.3d 792 (5th Cir. Dec. 29, 2009)
42 Tex. Tech L. Rev – 5th Cir. Highlights 61
Fall 2010
Health Care Reform Places Affirmative Duty on Providers to Refund Overpayments from Federal Health Care Programs
July 2010 - Health care reform raises many difficult issues for health care providers. Risks that now accompany a failure to make timely repayment of overpayments place particularly difficult burdens upon provid...
Restructuring Debts In and Out of Court
June 30, 2010 - There are many reasons why a company may become financially distressed. Once it reaches a point of insolvency, however, management may consider a restructuring of the company's financial obligations ...
What Does Health Care Reform Mean For Physicians?
April 19, 2010 - Last month we saw historic changes made to our nation's health care system when President Obama signed into law the Patient Protection and Affordable Care Act of 2010, as amended by the Health Care a...
Offshore Anti-Abuse and Foreign Provisions in the HIRE Act
March 31, 2010 - The President recently signed into law the "Hiring Incentives to Restore Employment Act of 2010" (the HIRE Act, P.L. 111-47). The HIRE Act includes a comprehensive set of measures to reduce offshore ...
SEC Adopts Enhanced Proxy Disclosure Rules for the 2010 Proxy Season
March 9, 2010 - By Mark Wigder and Paul Leitner, Gray Reed & McGraw As companies begin preparing their 2010 proxy statements and other periodic reports, they should be aware that the SEC has recently adopted amen...
Who Pays for the Well After the Lease Terminates? Wagner & Brown v. Sheppard - The Rest of the Story
December 11, 2009 - By Charlie Sartain and Josh Weaver, Gray Reed & McGraw Wagner & Brown, Ltd. v. Sheppard* is well-known for its holding that termination of an oil and gas lease for land that was part of pooled uni...
Do You Own Your Company Name (and Can You Even Use It)?
August 29, 2009 - Imagine After significant planning and exhaustive efforts to gather seed money, you are finally ready to start up your new business in Texas. You have come up with a clever name for your company, an...
IRS Announces "Quiet Disclosures" No Longer Accepted
August 28, 2009 - Voluntary disclosures have been with us for many, many years. It is a procedure by which a person who has committed a tax crime, either failure to file tax returns or income tax evasion, or any of th...
A Guide to Buying Distressed Assets
August 18, 2009 - Many people are looking for companies, real estate, and assets that, for any number of reasons, are "distressed," which normally means priced at less than market value. However, how do you determine ...
Researcher, "Hospital Negligence: Legal and Administrative Issues"
Thomson Reuters
2009
Document Retention: The 800 lb. Gorilla
June 10, 2009 - Document retention is a matter of growing importance for both lawyers and clients, but could be characterized as an 800 lb gorilla in the corner of the room that no one wants to talk about. Lawyers a...
Oil and Gas Operator Liability Addressed in Recent Texas Supreme Court Rulings
April 27, 2009 - The Texas Supreme Court has issued two important and related opinions affecting mineral owners and their lessees. In Exxon Corporation v. Emerald Oil & Gas Co., L.C.,2  the Court held that a private ...
2009 Changes to COBRA: What Employers Need to Know
March 19, 2009 - Whether you think the federal stimulus package is a great idea or a bad one, the American Recovery and Reinvestment Act of 2009 became law on February 17, 2009.  Of the many changes made by the Recov...
Alert Regarding "Compliance Services" Solicitation
March 9, 2009 - Recently, an entity calling itself “Compliance Services” with an address in Austin, Texas, mailed solicitations entitled “Annual Minutes Requirement Statement” to numerous Texas business entities. Th...
About Face: Significant Changes to the Americans with Disabilities Act that Affect Your Business Right Now
March 4, 2009 - In the fall of 2008, President Bush signed into law the Americans with Disabilities Act Amendment Act (the “Amendments”) which became effective January 1, 2009, and make changes to the Americans with...
A-Rod v. Employee Drug Testing?
March 2, 2009 - You are in your office before the day starts reading an article in the paper about Alex Rodriguez’ impressive baseball career when your assistant bursts in announces that an employee you sent out to ...
A Guide to Employee Terminations
February 26, 2009 - By Brent Dyer and Cleve Clinton, Gray Reed & McGraw Most employers know that Texas is an “employment at-will” state, meaning that—unless there is an employment agreement guaranteeing employment fo...
Dallas County Ordinance Targets Apartment Complexes
February 9, 2009 - In January 14, 2009, the Dallas City Council passed Ordinance Number 275481 to amend certain provisions of the Dallas City Code pertaining to apartment complexes.  The ordinance links crime rates to ...
Justice Dept Challenges Offshore Private Banking
December 3, 2008 - Federal prosecutors and the Internal Revenue Service are getting serious about pursuing Americans who have parked money in offshore bank accounts.  Last month, the government disclosed the indictment...
Weblinks
71 Texas Bar Journal 364
May 2008
Foreign Corrupt Practices Act of 1977
December 17, 2007
The Rejectability of Arbitration Clauses: Part II
American Bankruptcy Institute Journal
June 1, 2007
The Rejectability of Arbitration Clauses
American Bankruptcy Institute Journal
April 1, 2007
Citation Writ Large
20 Appellate Advocate 89
Winter 2007
A Vote By Any Other Name: The (Abbreviated) History of the Dissent from Denial of Review at the Texas Supreme Court
Appellate Advocate
Spring 2006
Workers’ Comp. Whirlwind
Texas Lawyer
December 19, 2005
The Rule of Capture—Still So Misunderstood After All These Years
37 Texas Tech Law Review 1
Winter 2004
Co-author, Statistical Analysis of the 2001-02 Puerto Rico Supreme Court Term
Puerto Rico Law Review, Volume 72, Number 3
2003
The Accountability of a Producing Co-Tenant
Natural Resources State Bar Section Report
February 1976
"The Duties of Operator in Marketing Non-Operators Production"
Buying and Selling Gas, Chapter 2, Executive Enterprises Publications Co., Inc.
1990