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Widespread scrutiny of the Paycheck Protection Program (PPP) has prompted a flood of PPP loan fraud investigations by the US Department of Justice (DOJ) in coordination with a number of other federal investigative agencies, such as the IRS and FBI. At the same time, the U.S. Small Business Administration (SBA) has announced that borrowers who received $2 million or more in PPP funds will automatically be subject to an audit, as will some borrowers who received smaller loans, as part of an ongoing effort to identify any potential abuses of the federal loan program. If you are a small business o

What happens when the scotch is poured before the mediated settlement agreement is signed? Apparently, nothing good. Our story begins with Asyntria, a for-profit company that provides training and accreditation to pharmacy technicians.  Asyntria was founded and owned by Wendy Meigs, her then-husband, Jody Meigs, and Michael Johnston.  Management disputes arose between the three, and martial problems arose between Wendy and Jody. Wendy filed a petition for divorce against Jody. In her petition, Wendy asserted shareholder oppression claims against Jody and Michael, alleging the two had conspir

With the impending issuance of regulations from the Department of Labor mandating employees of large employers and all federal contractors receive one of the approved COVID-19 vaccines, one particularly thorny question is how to determine whether an employee is subject to a religious exemption to the mandate. Must the liturgy of the employee’s religion expressly disavow all vaccines or will an individual’s idiosyncratic religious beliefs suffice?  And, who makes the decision whether the employee’s religion is an “accepted” one?  The recently filed case by a professor and student at

With the passing of HB 2237 in the past Legislative session, impactful changes to Texas mechanics’ lien laws, found in Chapter 53 of the Texas Property Code, will go into effect for construction contracts entered into on or after January 1, 2022. Below are some, but not all, of the revisions to Chapter 53. § 53.003 If the deadline for providing statutory notice falls on a Saturday, Sunday or legal holiday, the period now extends to the next day that is not a Saturday, Sunday, or legal holiday. § 53.021 Removes the requirement that an architect, engineer or surveyor provide services “u

Due to the complexity of construction and the specialized knowledge required to determine the cause for alleged damages, construction litigation is driven in part by experts. An expert’s testimony is crucial as it assists the trier of fact in understanding the alleged defects or delays and the causation theories being advanced by parties. Because of the high deference that triers of fact give to expert testimony, related evidence is highly scrutinized and held to a very high standard. In West Inland Energy, Inc. v. Rockwater Energy Solutions, Inc., the Eastland Court of Appeals reviewed a di