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Bitcoin / Virtual Currency Regulation:  The State (by State) of Affairs Bitcoin / Virtual Currency Regulation: The State (by State) of Affairs January 23, 2018

Almost every federal financial regulatory agency is closely monitoring virtual currencies, and many have expressed concerns related to the stability and integrity of virtual currency markets.  The federal agencies expressing interest in the regulation of virtual currencies include:  the U.S. Securities and Exchange Commission (SEC), the Commodity Futures Trading Commission (CFTC), the Financial Crimes Enforcement […]

Government Contracts and Bid Protests:  Hope for the best, prepare for the worst. Government Contracts and Bid Protests: Hope for the best, prepare for the worst. January 15, 2018

“Plan for what it is difficult while it is easy, do what is great while it is small.” ― Sun Tzu, The Art of War You and your team have just put in long hours preparing a response to a Request for Proposal from a Texas state agency.  After all that work to prepare your […]

Craft Breweries Not So Hoppy After Court Ruling Craft Breweries Not So Hoppy After Court Ruling December 26, 2017

Historically, craft breweries have been able to sell distribution rights for their beer, allowing them to earn money to grow their business.  In 2013, however, the Texas Legislature passed Senate Bill 639, which prohibited beer manufacturers from selling these distribution rights.  Specifically, beer manufacturers became prohibited from “accept[ing] payment in exchange for an agreement setting […]

Auto Dealer Update:  OCCC investigations in 2017 Auto Dealer Update: OCCC investigations in 2017 December 19, 2017

The Texas Office of Consumer Credit Commissioner (“OCCC”) regulates consumer credit transactions in Texas, including new and used auto dealers that offer financing, or installment payment plans. OCCC recently published its 2017 Fiscal Year Administrative Action Report, detailing common motor vehicle sales violations, and providing a look inside the agency’s priorities. Unsurprisingly, unlicensed activity and […]

Legislative Update: Redacting Confidential Information in Government Contracts Legislative Update: Redacting Confidential Information in Government Contracts July 11, 2017

The recent legislative session did not have the impact on the Texas Public Information Act (“TPIA”) that many people thought it would.  Specifically, efforts to overturn the Texas Supreme Court’s decisions in Boeing and Greater Houston Partnership failed.  Both Boeing and Greater Houston Partnership have helped businesses protect information under the TPIA.  Specifically, Boeing allows businesses to claim the competition or bidding exception under Section […]

Let’s All Be Reasonable: Non-Competition Agreements in Texas Let’s All Be Reasonable: Non-Competition Agreements in Texas July 5, 2017

This is the second post in a two-part series covering the basics of drafting a non-competition agreement in Texas. The Texas Business and Commerce Code mandates that a non-competition agreement be “ancillary to or part of an otherwise enforceable agreement” and “that it contains limitations as to time, geographical area, and scope of activity to […]

For Your Consideration: Ensuring the Enforceability of Non-Compete Agreements For Your Consideration: Ensuring the Enforceability of Non-Compete Agreements June 27, 2017

This article is the first in a two-part series covering the basics of drafting a non-competition agreement in Texas. We have enjoyed strong economic and population growth in recent years in the Lone Star State, particularly in the technology sector. Joel Kotkin, The Valley And The Upstarts: The Cities Creating The Most Tech Jobs, Forbes, https://www.forbes.com/sites/joelkotkin/2015/ 04/14/cities-creating-the-most-tech-jobs-2015/#6c275ea958ef[1] (last […]

Do the New DOL Overtime Rules Mean That I Will Be Getting (or Giving) a Raise? Do the New DOL Overtime Rules Mean That I Will Be Getting (or Giving) a Raise? June 13, 2017

The Fair Labor Standards Act (“FLSA”) is the federal law requiring employers – with certain exceptions – to pay overtime wages to employees that work more than forty hours in a single week.  FLSA overtime litigation has been a major concern for employers with the Department of Labor (“DOL”) reporting more than 20,000 cases with […]

Session is Over and My Bill Died. What Now? Session is Over and My Bill Died. What Now? June 6, 2017

“I’m from Texas, and one of the reasons I like Texas is because there’s no one in control.” -Willie Nelson In 140 quick, but drama-filled days, it has come and gone—the 85th Texas Legislative Session has come to a close.  Out of over 6,600 bills filed in both the Texas House and Texas Senate this session, […]

Gina McCarthy, “You’re Fired!” Gina McCarthy, “You’re Fired!” December 2, 2016

How President Trump Will Rewind the Green Tape of Obamas Environmental Legacy

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