Author Archive:
Paul Heyburn
How Climate Litigation Is Affecting D&O Liability Insurance
Read more: How Climate Litigation Is Affecting D&O Liability InsuranceAs a result of changes in the climate, various world governments and non-governmental entities have encouraged corporations to reduce carbon emissions. Corporate executives have been increasingly required to disclose information concerning climate change-related risks as some investors are demanding more accountability. Directors who misrepresent or fail to consider climate risks and take appropriate action may…
Tips For Handling Litigious Beneficiaries in Probate Court
Read more: Tips For Handling Litigious Beneficiaries in Probate CourtWhen it comes to families and money or property, some people just cannot seem to be made happy. The unfortunate reality is that probating a will can bring up a lot of family issues, and things can get messy. There are legitimate reasons to challenge a will, and a probate court will consider any valid…
Texas Supreme Court Determines Umbrella Policy Coverage Extends Beyond Service Contract Requirements
Read more: Texas Supreme Court Determines Umbrella Policy Coverage Extends Beyond Service Contract RequirementsThe Texas Supreme Court recently decided an insurance policy interpretation case involving an insurance company’s denial of coverage to a claimant as an additional named insured under an umbrella liability policy. In deciding for the claimant, the Court made it clear the terms of the contract in question will determine what is intended, and those…
Companies Claiming “Carbon Neutral” Status While Using Carbon Offsets Seeing Rise in Lawsuits
Read more: Companies Claiming “Carbon Neutral” Status While Using Carbon Offsets Seeing Rise in LawsuitsYou hear about it a lot these days. Global warming. Climate change. We are turning up the heat on the planet. If we do not address and take steps to resolve the problem, future generations will suffer greatly. The response has been a massive effort worldwide to reduce the carbon emissions released into the atmosphere.…
The Importance of a Strong Terms & Conditions Agreement to Protect Against Liability
Read more: The Importance of a Strong Terms & Conditions Agreement to Protect Against LiabilityA strong terms and conditions agreement is one of the few shields a company has to prevent costly litigation. It allows the business to clearly understand its obligations to its customers while it places customers on notice about their rights when using a product or service. A well-written terms and conditions agreement is the foundation…
Houston’s New Ordinances Regulating BYOB Establishments: What Restaurants Should Know
Read more: Houston’s New Ordinances Regulating BYOB Establishments: What Restaurants Should KnowMany municipalities across the state of Texas and around the United States have adopted some form of regulation regarding “bring your own bottle” (BYOB) service. Recently, the City of Houston passed a sweeping new ordinance that provided more guidance to local restaurants that have offered BYOB service in the past or that are considering adopting…
Distilled Spirits Manufacturers Facing Lawsuits Over Incomplete or Misleading Labels
Read more: Distilled Spirits Manufacturers Facing Lawsuits Over Incomplete or Misleading LabelsFood and beverage manufacturers are under siege these days from lawsuits, some of them with questionable merits. One of the frequent areas in which these manufacturers are sued is product labeling. Plaintiffs’ attorneys are always on the prowl for lawsuits to file against food and drink makers in the hope of scoring a quick and…
Why You Should Have Legal Representation in a FMCSA Compliance Investigation
Read more: Why You Should Have Legal Representation in a FMCSA Compliance InvestigationThe Federal Motor Carrier Safety Administration (FMCSA) is tasked by federal law with regulating trucking companies. The regulator literally has the power to shut down a company. Its investigations can be intensive and feel borderline intrusive. However, trucking companies also have legal rights. Regulators can overstep their bounds and harm the business. Even when your…
Green Materials May Lead to a Rise in Construction Defect Litigation
Read more: Green Materials May Lead to a Rise in Construction Defect LitigationThe green building boom has increased the possibilities available to contractors to construct environmentally friendly projects, both in accordance with new government standards and their customers’ wishes. However, along with progress also comes uncertainty. Some of the newer environmentally advanced construction materials may not have much of a track record for safety. While there are…
What Manufacturers Need to Know About PFAS Liability Exposure
Read more: What Manufacturers Need to Know About PFAS Liability ExposurePerfluoroalkyl and Polyfluoroalkyl substances are a family of substances more commonly known as PFAS. These chemicals include thousands of different substances that are intentionally designed to be long-lasting and to make products more durable. Colloquially, PFAS are referred to as the “forever chemicals.” The problem with PFAS chemicals alleged by Plaintiffs in litigation is that…
How Construction Design Alterations Can Lead to an Increase in Professional Liability
Read more: How Construction Design Alterations Can Lead to an Increase in Professional LiabilityArchitects and engineers could end up with more than they bargained for when a job changes course. Unfortunately, clients do not always follow the initial designs as proposed. It is not uncommon for a client to change aspects of a job and request alterations from architects and engineers prior to and during the course of…
Can Using AI in Hiring Practices Open Your Business Up to a Discrimination Lawsuit?
Read more: Can Using AI in Hiring Practices Open Your Business Up to a Discrimination Lawsuit?As the economy evolves into one that is driven by technology, human resources departments are busier than ever. It is far easier for applicants to apply to hundreds of jobs given the number of online recruiting services. Companies need to sift through potentially thousands of resumes for each job opening. Many employers have turned to…