Dallas Gerstle Snelson, LLP Austin

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When Expert Testimony is Too Little, Too Late

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
Vial with liquid drug as vaccine dose flu shot along with syringe for injection treatment on medical table. Vaccination or immunization care concept background.

Covid Executive Order For Federal Contractors and Large Companies

On September 9, 2021, President Biden ramped up COVID-related safety protocol in two areas by requesting that: 1.   The Safer Federal Workforce Task Force (“Task Force”) prepare increased safety protocols for federal contractors which should include mandatory vaccinations; and 2.   The Department of Labor issue temporary rules that will require employers of 100 or more employees to require vaccinations. The Task Force was created in July 2021 to provide oversight to the development and implementation of COVID-19 workplace safety plans across the federal government.  In the brief time si
Coronavirus and medical research

Lessons From the Elizabeth Holmes Trial

With start-up businesses or any endeavor in its beginning phases, the phrase “fake it till you make it” is often used as a phrase of encouragement. This phrase is taking on a new meaning as the trial begins of Elizabeth Holmes, a person at the center of Silicon Valley’s biggest scandal in recent history. Holmes, once the world’s youngest, self-made, female billionaire and former CEO of Theranos, faces charges for ten counts of wire fraud and two counts of conspiracy to commit wire fraud, up to twenty years in prison, and payment of potential fines and restitution. The charges are based
Covid-19 vaccination record card with syringe and vial

Vaccine Mandates for Federal Contractors

In July, President Biden issued Executive Order 13991, creating the Safer Federal Workforce Task Force to oversee the development and implementation of agency COVID-19 workplace safety plans across the federal government. The Task Force has created protocol for federal employees, contractors and visitors working inside federal buildings or on federal lands or controlled areas that seemingly implicate construction contractors and subcontractors. After the Food and Drug Administration (FDA) gave full approval of the Pfizer COVID-19 vaccine, President Biden’s administration took additional step
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Kickbacks Get Kicked Down

Recently, an attorney in South Texas voluntarily resigned from the practice of law rather than face a disciplinary hearing alleging his criminal conduct violated the laws he was sworn to protect. The former lawyer plead guilty to bribing a Texas state district court judge to make favorable rulings in court. The attorney pleaded guilty to conspiracy to commit bribery, obstruction of justice, three counts of Travel Act violations, and three counts of federal-program bribery. Bribing or attempting to bribe an official in any capacity is a bad idea. The gravity of the situation is exacerbated if a