Labor and Employment Law

Recent Posts

The Practical Catches Up with the Theoretical: The Current Status of Texas Indemnity Law
Posted on 13 May 2010 by Thomas Fox

Today most Texas practitioners understand the need to expressly set out the types of negligence they wish to receive or give indemnity upon to an indemnitee. They also understand, and most generally comply with the requirement for conspicuousness... Read More

Why Did the Lawyer Put This in My Severance Agreement?: The Cooperation Clause
Posted on 18 Oct 2012 by Donna Ballman

This continues my series of posts deconstructing the legal gobbeldy-goop in employment agreements. Today I'll talk about a clause I often see in severance agreements: the cooperation clause. It may look something like this: Employee agrees to cooperate... Read More

A Return to the Classic Analysis of Liquidated Damages Clauses
Posted on 27 Jul 2009 by Dr. John E. Murray, Jr.

The links below may be accessed by lexis.com subscribers. Non-subscribers may obtain research packages by the day, week, or month at lexisONE The classical view enforces liquidated damages clauses constituting a reasonable estimate of damages in the... Read More

Tags: Contracts

Why Did The Lawyer Put This In My Contract?: Confidentiality
Posted on 13 Sep 2012 by Donna Ballman

This will continue my attempt to explain some of the legal mumbo jumbo in your employment contract, and why the lawyers put it there. Today, I'll talk about confidentiality. You may see a sentence or two in your agreement that look something like... Read More

Beware of Losing Benefits of an Indemnity Provision Elsewhere in the Contract
Posted on 23 Jun 2010 by Timothy Murray

Timothy Murray, partner, Murray, Hogue & Lannis, discusses possible drafting pitfalls in creating complex indemnity provisions in contracts designed to manage costs and risks of loss. The author writes: This is a cautionary tale for attorneys... Read More

Georgia Approves Employer-Friendly Amendment Affecting Non-Competition, Non-Solicitation and Non-Disclosure of Confidential Information Covenants
Posted on 11 Nov 2010 by GreenbergTraurig

by David Long-Daniels, Chris Puckett & Todd D. Wozniak On November 2, 2010, Georgia voters approved an amendment to the state constitution that will have a substantial impact on the drafting, negotiation, and enforcement of non-competition, non... Read More

Joint Patent Owners, Although Free to Use Patented Technology Without Regard to the Other, May Vary Their Rights by Contract
Posted on 22 Mar 2010 by Timothy Murray

The interplay between contract and patent law is examined by Timothy Murray, Esq. in the context of Wisconsin Alumni Research Foundation v. Xenon Pharmaceuticals, Inc., 591 F.3d 876 (7th Cir. 2010). NOTE: The links below may be accessed by lexis... Read More

The U.S. Supreme Court's Decision in Rent-A-Center, West, Inc. v. Jackson, 2010 U.S. LEXIS 4981 (2010)
Posted on 20 Jul 2010 by Timothy Murray

The U.S. Supreme Court held in Rent-A-Center, West, Inc. v. Jackson, 2010 U.S. LEXIS 4981 (2010) that a challenge to the validity of an arbitration agreement that contains a provision delegating to the arbitrator exclusive authority to resolve threshold... Read More

Free Webinar: Understanding Contracts Issues and Tools for Drafting to Keep You Up-to-Date with the Market (20 minutes)
Posted on 4 Jan 2010 by LexisNexis Labor & Employment Law Community St

Getting to the bottom of any contract issue before you jump in and begin drafting is an important part of any transactional attorney’s job. And in today’s market, resolving issues before you put pen to paper and having easy access to recent... Read More

Tags: Contracts

Georgia Approves Employer-Friendly Amendment Affecting Non-Competition, Non-Solicitation and Non-Disclosure of Confidential Information Covenants
Posted on 11 Nov 2010 by GreenbergTraurig

by David Long-Daniels, Chris Puckett & Todd D. Wozniak On November 2, 2010, Georgia voters approved an amendment to the state constitution that will have a substantial impact on the drafting, negotiation, and enforcement of non-competition, non... Read More

The Expiration of a Contract and Its Effect on an Arbitration Provision
Posted on 1 Apr 2014 by John Holmquist

In Huffman v. The Hilltop Companies [ an enhanced version of this opinion is available to lexis.com subscribers ], the 6th Circuit addressed an issue of first impression: the application of the strong presumption in favor of arbitration in a post expiration... Read More