By dholmes | Published March 17, 2013 | Posted in Recent Developments 2013, Trade Secrets | Leave a comment
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Recent Developments 2013
Senate Bill 953: Will Texas Finally Adopt the Uniform Trade Secrets Act?
Senator John Carona of Dallas has introduced Senate Bill 953 in the Texas legislature. SB 953 would adopt the Uniform Trade Secrets Act, which is a standard set of state laws governing trade secrets. At present, Texas is one of only four states that has not adopted the UTSA. The UTSA is not significantly different Read More
Read MoreSenator Grassley Criticizes Proposed New IRS Whistleblower Regulations
The Internal Revenue Code has contained a limited qui tam whistleblower provision for many years. The Tax Relief and Health Care Act of 2006 greatly expanded these provisions. The new provisions are contained in section 7623(b) of the Code. Among other things, a whistleblower can receive an awared equal to 15% to 30% of the Read More
Read MoreCan an At-Will Employee Sue for Fraud Arising from a Termination? The Texas Supreme Court Will Decide.
The Fifth Circuit has certified two interesting questions regarding the at-will employment rule to the Texas Supreme Court. Curiously, the case arises out of a union dispute over which the Texas Supreme Court would normally have no jurisdiction. The plaintiffs are 63 former employees at DuPont’s La Porte, Texas facility. Most of the plaintiffs were union members Read More
Read MoreFifth Circuit: Parking Attendant Applicant Failed to Show Pretext When Denied a Job Based on Graded Interviews
Gonzalez v. City of San Antonio, No. 12-50472 (5th Cir. March 12, 2013) (unpublished), is yet another case that shows the weight that the Fifth Circuit is giving to selection processes that are based on graded interviews. In another case decided just a week ago, the Fifth Circuit rejected race and national origin discrimination claims in Read More
Read MoreFifth Circuit: Indian Respiratory Therapists Failed to Establish Pretext
In Assariathu v. Lone Star Health Management Associates, L.P., No. 12-10730 (5th Cir. March 6, 2013) (unpublished), eight respiratory therapists of Indian ancestry sued the Dallas Regional Medical Center for race and national origin discrimination. As part of a department restructuring, all respiratory therapists were required to re-interview for their jobs. The head of the Read More
Read MoreThe NLRB’s Facebook Decision: What Is Protected and What Is Not?
The impact of social media on the rights of employees has been a hotly debated subject for several years. The NLRB raised the stakes with its recent decision in Hispanics United of Buffalo, Inc., No. 03–CA–027872 (Dec. 14, 2012). This case has been widely discussed in the media, yet the the actual implications of the Read More
Read MoreFirst Court of Appeals Construes an Executive Employment Agreement and Restricted Stock/Stock Option Agreements in Favor of the Employee
Today, the First Court of Appeals issued its decision in Hercules Offshore, Inc. v. Guthrie, No. 01-10-00968-CV (Tex. App. — Houston Feb. 28. 2013). Ms. Guthrie entered into an Executive Employment Agreement. The Agreement provided that, if Ms. Guthrie was terminated other than for cause with 24 months after a change of control for the Read More
Read MoreNLRB: A Houston Employer Violated the NLRA by Firing a Non-Union Employee for Discussing Salary Information with Other Employees
A recent NLRB case provides an excellent illustration of the potential effect of section 7 of the NLRA in a non-union environment. The employer, Jones & Carter, Inc., is a Houston engineering firm. Lynda Teare, who was a training coordinator, discussed salary information with two other employees. She was then terminated. She filed a charge Read More
Read MoreNew Texas Rule of Civil Procedure 169 and Employment Cases
On February 12, 2013, the Texas Supreme Court approved Rule 169 of the Texas Rules of Civil Procedure, which provides for expedited proceedings in cases that involve less than $100,000.00 (including damages, penalties, pre-judgment interest, and attorneys’ fees). The new rule applies only to cases filed on or after March 1, 2013. An accompanying change Read More
Read MoreFirst Court of Appeals: Sovereign Immunity Does Not Bar a Suit for Breach of a Severance Agreement with a Government Unit
Guy Rankin was the CEO of the Harris County Housing Authority. He had a written employment contract with the Authority. In 2012, the Authority agreed to buy out his contract. Rankin and the Authority entered into a new contract providing for a one-time severance payment. The Authority did not make the severance payment, and Rankin Read More
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