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What happens when a big four accounting firm is given permission to own and operate a private law firm? We are about to find out. For decades, only lawyers could own law firms. The American Bar Association drafted Model Rule 5.4 providing that, “a lawyer or law firm shall not share legal fees with a nonlawyer…,” and that, “a lawyer shall not form a partnership with a nonlawyer if any of the activities of the partnership consist of the practice of law.” The rule was intended to protect the sanctity of the third branch of government by maintaining lawyers’ independence and preventin

What happens when a plaintiff mistakenly dismisses his lawsuit, but then seeks to reopen it later? The U.S. Supreme Court recently visited this issue and held that a court can reopen a dismissed proceeding under certain circumstances. In Waetzig v. Halliburton Energy Services, Inc., Gary Waetzig filed a lawsuit in the federal court in the U.S. District Court of the District of Colorado against his former employer Halliburton Energy Services, Inc. arguing that he was terminated illegally on the basis of his age. Specifically, Waetzig alleged his termination was in violation of the Age Discrimin

The Texas Legislature went into Session on January 14th until June 2nd.  There are numerous bills filed which have a general interest such as ad valorum tax revisions and school finance.  This review of recently filed bills will focus on potential legislation which could be of interest to the construction industry. Administrative Law  HB 606 – De Novo Review and Interpretation of State Laws and Agency Rules by Reviewing Court Judges Summary: HB 606, filed by Rep. Brian Harrison (R – Midlothian), would require a judge or administrative law judge (ALJ) to interpret a statute, rule, or ot

What if you or your company are arbitrating a dispute and the need arises to join parties or individuals who are not parties to the contract that got you into arbitration in the first place or have downstream contracts without arbitration provisions or otherwise conflicting dispute resolution provisions? Texas courts have addressed exactly how to join a non-signatory to an arbitration, though the likelihood of success depends. Generally, only the signatories to an arbitration agreement are bound by the agreement. A corporate relationship is generally not enough to bind a non-signatory to an ar

The California fires and the tariffs imposed by the Trump Administration, both occurring in the first quarter of 2025, will have profound impacts on the construction industry. How can you brace for the coming storm of highly variable costs for labor and materials? As Hurricane Katrina and the COVID-19 pandemic taught us, natural disasters can cause immense disruptions to the construction supply chains. In 2005, Katrina caused significant disruptions in the supply of petroleum-based products, drywall, and other construction materials. And, during the COVID-19 pandemic, a reduced work force and

In the ongoing interpretation of the Monroe factors that allow, under limited circumstances,  extrinsic evidence to be introduced in determining whether an insurer owes a duty to defend, yet another court has determined that such evidence was inadmissible under the specific facts of the case. In Hudson Excess Insurance Company v. Flipp Oilfield Services, LLC and Joshua Galatas, the United States District Court for the Southern District of Texas held that extrinsic evidence was not admissible in determining whether an insurer owed a duty to defend its insured in a lawsuit brought by the insure

Under the Corporate Transparency Act (CTA), which went into effect on January 1, 2024, many U.S. business owners are required to file corporate transparency reports with beneficial ownership information. But the CTA is currently on hold. Why and what impact does the pause have on you? The CTA, enacted by Congress in 2021, requires many companies formed or operating in the United States to report information about their beneficial owners to Treasury’s Financial Crimes Enforcement Network (FinCEN), which will store this sensitive information in a secure, confidential database. The Department