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Category Archives: Corporate Defense

Legal5

In Spite Of Department of Justice’s Lenient Approach to Corporate Liability, Texas Supreme Court Upholds Claim against Corporate Officer

By Colvin, Saenz, Rodriguez & Kennamer L.L.P. |

The national Justice Department (DOJ) has repeatedly assured the U.S. business world that they plan to take a hands-off approach when it comes to corporate liability. Specifically, federal prosecutors have implemented leniency with regard to the Foreign Corrupt Practices Act (FCPA), deciding not to prosecute when a corporation voluntarily discloses violation(s) to the government…. Read More »

LaptopGavel

Court Rules That Government Contractors May Be Liable Under CERCLA in Toxic Tort Cases

By Colvin, Saenz, Rodriguez & Kennamer L.L.P. |

A recent decision out of a federal court is important for businesses and insurance companies who could potentially face toxic tort allegations to be aware of. In the case, the Environmental Protection Agency (EPA) contracted with an environmental cleanup firm (“Environmental Restoration, LLC”) to repair draining problems at the Gold King Mine in Colorado,… Read More »

Legal4

Claims Filed Under the Texas Deceptive Trade Practices Act

By Colvin, Saenz, Rodriguez & Kennamer L.L.P. |

This spring, the Physicians Committee for Responsible Medicine (PCRM) filed a legal complaint with the state of Texas against the beef industry, alleging a violation of the Texas Deceptive Trade Practices Act (DTPA) in conjunction with health claims concerning beef products. Specifically, the organization alleged that brochures published by the industry advertising that beef… Read More »

ProductDef

Clarifying Product Liability Law: Manufacturer versus Direct Sales Industries

By Colvin, Saenz, Rodriguez & Kennamer L.L.P. |

When it comes to product liability laws, which companies can be held liable under state statutes largely depends upon how that state law interprets which companies constitute liable manufacturers and those who are immune from such claims. For example, while Texas’s statute defines a products liability action as any action against a manufacturer or… Read More »

Lit2

A Closer Look at Arbitration Clauses in Business Contracts

By Colvin, Saenz, Rodriguez & Kennamer L.L.P. |

Arbitration clauses have long been a regular part of business contracts because they are assumed to make resolving business disputes easier and cheaper—but is that always the case? Below, we discuss both the advantages and drawbacks to including arbitration clauses in business contracts. The Benefits of Arbitration Clauses One of the main benefits of… Read More »

Litigation3

The Joint Employer Rule Is Back: How This Will Affect Corporate Liability

By Colvin, Saenz, Rodriguez & Kennamer L.L.P. |

Recently, the National Labor Relations Board (NLRB) reinstated an Obama-era rule which vastly expanded corporate legal liability; a rule known as the “joint employer” rule. In a nutshell, the rule effectively expands the ability for one business to be held legally liable for the workplace policies at another business, particularly in instances of franchises,… Read More »

ProdLiab2

Strategies for Removing a Product Liability Lawsuits to Federal Court

By Colvin, Saenz, Rodriguez & Kennamer L.L.P. |

It is no secret that plaintiff’s attorneys often engage in blatant forum shopping in the hopes of filing a product liability or other tort claim in a “friendly” jurisdiction more likely to award their client, or clients, a large sum via a jury verdict. As a result, your Brownsville defense team needs to be… Read More »

ElecSign

Understanding How Texas Courts Treat Email in Civil Litigation

By Colvin, Saenz, Rodriguez & Kennamer L.L.P. |

The judicial system in Texas, and across the country, is not typically known for being on the forefront of radical change or cutting-edge technology. A prime example is how the Texas Rules of Civil Procedure treated emails. Prior to 2014, email was not a recognized form of communication under the Texas Rules of Civil… Read More »

Lawsuit

Overview of Collateral Estoppel and How It Can Help in Defending Against a Civil Lawsuit

By Colvin, Saenz, Rodriguez & Kennamer L.L.P. |

Collateral estoppel is a legal term to describe the prohibition against the same two parties litigating the same issue in two separate lawsuits when an issue of ultimate fact has already been addressed and determined by a valid and final judgment.  Objective of Collateral Estoppel If the same parties could file multiple lawsuits against… Read More »

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How to Use a Plaintiff’s FitBit to Bolster Your Defense to a Civil Claim

By Colvin, Saenz, Rodriguez & Kennamer L.L.P. |

You’ve probably seen people wearing mobile devices on their wrists, biceps, and other areas. These devices are known as “wearables” and they are gaining in popularity. In fact,  it has been reported that approximately 1-in-6 consumers in the U.S. have a wearable device like a Fitbit, Apple Watch, and so forth. The concept of… Read More »

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Edinburg, TX 78539

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Colvin, Saenz, Rodriguez & Kennamer L.L.P., represents clients throughout South Texas and the Rio Grande Valley, including people living in Brownsville, Harlingen, McAllen, Edinburg, Laredo, Corpus Christi, San Diego, Alice, Kingsville, Rio Grande City and other communities in Hidalgo County, Duval County, Jim Wells County, Kleberg County, Starr County, Cameron County, Webb County and Nueces County. -Site Map-

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