In this series on defining wins in litigation, we’ve talked about defining the goals and strategies at the outset, clear and open communication, and the benefits of resolving a dispute both financially and reputationally. ...more
If your business provides consumer-oriented goods or services, your reputation is very important to you. When I use the term “consumer-oriented,” I mean goods or services that are primarily used for personal or household...more
Last month we talked about how establishing goals for litigation “wins” requires taking emotion out of litigation, and clear communication between lawyer and client. We also talked about the need to re-evaluate litigation...more
Last month I talked about how litigation “wins” don’t always require a jury finding in your favor. This month we continue talking about reaching litigation “wins” through early communication and objectivity....more
Does a “win” in litigation require a final judgment in your favor? Not necessarily. Litigation “wins” are defined by the circumstances facing a party at the outset of litigation, and how those circumstances change as...more
Now that the 86th Texas Legislative Session is over, it’s time to review what happened to proposed legislation we highlighted earlier this year related to civil litigation that may affect your business....more
My last article pointed out a situation where parties conflate contractual indemnity and damages clauses. The standard language in Dunce’s Caps’ contract provided for an indemnification of “any and all losses arising from...more
Nifty Counsel, Dunce’s Caps in-house lawyer, came up with what he thought was a brilliant way to minimize the company’s liability to its customers. ...more
In recent months we have discussed litigation funding, specifically covering what litigation funding entails, whether such agreements were legal in different jurisdictions and the ethical issues surrounding litigation funding...more
The 86th Texas Legislative Session has been in swing for almost two months, so we thought now would be a good time to highlight some proposed legislation relating to civil litigation that may affect your business....more
This is the third installment in a series on litigation funding. The first article provided an overview of litigation funding. Last month’s installment focused on the legality of litigation funding. ...more
Last month, this blog provided an overview of litigation funding, and identified a number of issues which we planned to cover over the next several months. This month’s installment focuses on the legality of litigation...more
Earlier this year we covered how Jim Duncey, the majority owner and face of Duncey’s Caps, Inc., was involved in a car accident and arrested for DWI. While the company survived the initial PR crisis, its bottom line did not....more
Mark Eting is one of Duncey’s Caps top outside sales agents. Because the company is based in Texas, but Mark lives in Cleveland and sells for the company in the northeast, Mark purchased a personal computer and a laptop to...more
10/31/2018
/ Bring Your Own Device (BYOD) ,
Cell Phones ,
Confidential Information ,
Cybersecurity ,
Data Protection ,
Employee Handbooks ,
Employer Liability Issues ,
Employment Policies ,
Hackers ,
Mobile Devices ,
Popular ,
Proprietary Information
As summer ends and the cooler weather of fall arrives, Tripp Freeley yearned for the days of sun, sand and surf. So Tripp began planning his family’s vacation for next summer. A hotel would not work for Tripp, his wife and...more
9/28/2018
/ AirBnB ,
Local Ordinance ,
Municipalities ,
Real Estate Market ,
Regulatory Oversight ,
Rental Property ,
Sharing Economy ,
Short-Term Lease ,
State and Local Government ,
Tourism ,
Vacation Rentals ,
VRBO.com
Last month, Jim Duncey, the majority owner and face of Duncey’s Caps, Inc., was involved in a car accident and arrested for DWI. Facing a PR crisis Duncey’s board of directors called an emergency meeting. ...more
Jim Duncey is more than just the majority owner of Duncey’s Caps, Inc. – he’s the face of the Company, appearing on billboards, in television and radio ads, and on the home page of the company’s website. He is one of the...more
Before Duncey’s Caps, Inc. hired Bud Dunop as its new human resources manager in 2018, all of Duncey’s human resources issues were handled by Dot Uris. One of Dot’s responsibilities was to have all new employees complete...more
Duncey’s Caps, Inc. hired Bud Dunop as its new human resources manager for 2018. Bud quickly determined that Duncey’s needed a formal employee policy handbook. Included within the handbook was an arbitration agreement...more
Last month’s back-and-forth between the United States and China resulted in a flurry of proclamations establishing tariffs on imports from the respective countries. We’re here to help boil it down so you know whether your...more
4/27/2018
/ Aluminum Sales ,
China ,
Global Market ,
Imports ,
Infrastructure ,
Manufacturers ,
National Security ,
Steel Industry ,
Tariffs ,
Trump Administration ,
US Trade Policies
N. O. Smelz, owner of Smelz Rug and Carpet Cleaning, learns that Brite Bank has submitted a request for proposal to clean the carpets at their 15 branches in the DFW area. ...more
After setting up new locations in Texas, N. O. Smelz, owner of Smelz Rug Cleaning, obtained a hazardous waste permit from the Texas Commission on Environmental Quality for the disposal of the company’s cleaning chemicals...more
2/28/2018
/ Contaminated Properties ,
Corporate Management ,
Environmental Policies ,
Hazardous Waste ,
Personal Liability ,
Risk Management ,
Statutory Violations ,
Strict Compliance ,
Summary Judgment ,
TX Supreme Court ,
Water
After not meeting his 2017 sales goals, Ollie B. Celling knows he might get fired from Duncey’s Caps, Inc. if he doesn’t get his numbers up in 2018. Celling begins marketing Duncey’s through his personal Facebook, Instagram...more
Frustrated with the high number of employees that did not show up for work in the fall and winter last year, Jim Duncey, the owner of Duncey’s Caps, Inc., issues a memo to all employees that they must provide proof that they...more
Jim Duncey, the owner of Duncey’s Caps, Inc., decides to hold an employee/significant other holiday party this year with live music and an open cash bar managed by a third-party bartending service. Each employee will get...more