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Dallas Business Law Attorney Blog

Age Discrimination Lawsuits and How They Work

  • 24
  • February
    2012

Are you or your company facing an age discrimination lawsuit? According to the EEOC, age discrimination lawsuits are on the rise, due in part to the aging workforce. Older workers may feel discriminated against because they were surpassed by younger workers for promotions, were laid off or were given less interesting job assignments.

As Dallas employment dispute attorneys, we have seen multiple meritless age discrimination lawsuits, where older employees simply "felt" discriminated against. None of these lawsuits should be taken lightly, however, especially when the Equal Employment Opportunity Commission (EEOC) is involved.

Avoiding Fraud by Financial Planners

  • 14
  • February
    2012

The Certified Financial Planner Board of Standards, Inc. certifies financial professionals. It has recently published the Guide to Financial Self-Defense to help protect consumers from fraud and mismanagement by financial advisors and financial planners. This booklet describes many "common situations" in which consumers are victimized, identifies "red flags" that warn of trouble, and explains steps you can take to protect yourself.

What Is the Better Business Bureau and Why Does It Matter to You?

  • 09
  • February
    2012

The Better Business Bureau (BBB) is a national organization with chapters across the country, including one here in Dallas, Texas. Consumers turn to the BBB for information about businesses' trustworthiness.

Consumers may also bring complaints about businesses to the BBB, so it can have an impact on businesses' credibility and profitability. Accordingly, as a business owner or executive, being aware of the BBB and its accreditation system can be important.

Sexual Harassment in the Workplace: Learning From the Past

  • 31
  • January
    2012

Claims of sexual harassment or a hostile work environment can expose businesses and employers to the risks of negative publicity and possible liability for damages.

Accordingly, understanding past sexual harassment cases and their practical impact can help Texas employers protect themselves and their organizations from the problems caused by claims of sexual harassment in the workplace. Three U.S. Supreme Court cases are especially instructive.

First, a lesson imparted by the case Burlington Industries, Inc. v. Ellerth is that implementing and following anti-harassment policies can help protect employers from potential liability. Employers can defend against sexual harassment allegations by demonstrating that they have policies established to prevent, investigate and correct sexual harassment in the workplace. Also, employees can hurt their chances of winning a sexual harassment or other employment dispute by not following their employers' policies for reporting concerns.

Preventing Misappropriation of Customer Lists

  • 22
  • November
    2011

One of the most valuable assets a business has is its list of customers. Business owners need to know how to protect that confidential information from misuse and misappropriation by competitors, especially when an employee leaves a company to go work for a competitor. There are steps that business owners can take to ensure that their company lists are protected under trade secrets law.

Texas Trade Secret Law

Under Texas law, in order for a plaintiff to recover under a theory of misappropriation of a trade secret, he or she must prove: (1) a trade secret existed, (2) the trade secret was acquired through a breach of a confidential relationship or was discovered by improper means, (3) the defendant used the trade secret without the plaintiff's authorization, and (4) the plaintiff suffered damages as a result.

Employers and Regulators Still Working Out Social Media Policies

  • 27
  • October
    2011

As millions of people now use social media websites like Facebook and Twitter, employees and employers are attempting to understand what is legally permissible regarding their use and regulation of social media in the employment context.

Increasing use of social media has led to a rise in investigations by the National Labor Relations Board (NLRB) of employers' social media policies and employees' potential violations of those rules. Disagreement, confusion or ignorance concerning employees' rights to make negative statements online about their workplaces has resulted in more than 100 complaints to the NLRB, among other employment disputes.

Texas Supreme Court Holds Attorney's Fee Agreement Ambiguous

  • 21
  • October
    2011

A recent Texas Supreme Court case admonishes a business litigation attorney for failure to properly handle a fee agreement. The case, Anglo-Dutch Petroleum International Inc. v. Greenberg Peden, et al., is a warning to all lawyers to be clear in all of their contracts with clients and to put a client's best interests first.

The business litigation matter involved complicated oil and gas litigation (the "Tenge Field" case). The attorney who took the case was of counsel to Greenberg Peden, P.C. While he stated that he would personally represent the defendant, Anglo-Dutch, he prepared his fee agreement on the law firm's letterhead. Anglo-Dutch responded to that fee agreement by acknowledging an "agreement between Greenberg Peden, P.C., and Anglo-Dutch." Greenberg Peden dissolved while the case was in progress and the attorney continued the case while employed with a different law firm.

Business Contract Disputes and the U.S. Forest Service

  • 14
  • September
    2011

A contract dispute between the U.S. government and a firefighting air tanker company has grounded almost one-half of the U.S. tanker force. Meanwhile, heat-stricken Texas continues to burn under one of the worst brush fires in Texas history, a fire that damaged at least 1,550 houses.

The U.S. Forest Service cancelled its contract with Aero Union after an undisclosed contract dispute involving Aero Union's 15-year maintenance plan. According to the director of the Forest Service's fire and aviation management program, there was a safety issue involved with the contract. "We can't in good conscience maintain an aviation contract where we feel lives may be put at risk due to inadequate safety practices," he said.

Now, due to the contract dispute, the U.S. Forest Service has only 11 tankers, compared with 40 tankers nearly 10 years ago.

Welcome to Our Blog

  • 06
  • June
    2011

At the Dallas-area law firm of Schachter Harris LLP, we identify ourselves, first and foremost, as trial counsel. By assisting businesses and individuals with matters as diverse as contract disputes, securities fraud claims and divorce cases, our attorneys maintain a well-rounded perspective on civil litigation and trial practice.

As part of our commitment to a creative, insightful and prepared approach to legal representation, our lawyers pay close attention to the latest developments in trial law as well as each of our substantive legal practice areas.

We will use this blog to communicate news, information and perspectives that we believe will be useful to our clients, prospective clients and the general public. We hope that you will find our blog entries and the rest of our website interesting and helpful as you decide how to address your or your business's legal challenges.

Every case is unique, and there is no substitute for the advice an experienced attorney can provide after gaining an understanding of your individual circumstances. To schedule an appointment with one of the knowledgeable lawyers at our firm, please call us toll free at 877-900-9458 or e-mail us at our offices in Irving, Texas.

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