Fraud is, unfortunately, something that affects many businesses and individuals on a fairly regular basis. One type of fraud that has become more prevalent over the years is the Ponzi scheme. The most well-known example in recent memory is the 2008 arrest of Bernie Madoff for operating one of the largest private Ponzi schemes in history, estimated at $64.8 billion.
When a breach of fiduciary duty occurs, it can be devastating for those involved. This is because fiduciary and beneficiary relationships require a great amount of trust in order to be successful. Recently, an Estee Lauder employee filed a lawsuit against the company after the security of her 401(k) account was breached occurred. The employee accused the business of breaching its fiduciary duty to her after they failed to report the security breach.
Many Houstonians enjoy Tex-Mex eatery El Real for its food and its easily recognizable location in Montrose is a neighborhood landmark. Recently though, after eight years in business, the restaurant closed its doors for good, leaving many patrons questioning why.
For many Houstonians, Hurricane Harvey proved to be a storm like no other. Over 27 trillion gallons of rain washed over our city, resulting in 50 inches of rainfall. The rainfall was so heavy, in fact, the National Weather Service had to update the colors used to showcase the severity of the rainfall on its weather charts to properly account for it. As to be expected after a storm like Harvey, many insurance claims for property damage were subsequently filed with insurance companies. Unfortunately, however, many Texans believe both insurance proceeds and local and federal funds designated to help pay these claims were mishandled, some even suggesting an investigation should take place.
Today, we are fortunate to have access to many different testing options that screen for various diseases and infections we otherwise may not know about. Genetic testing in particular is utilized to identify changes within the DNA sequence or chromosome structure and measures the results of these changes. For several unsuspecting seniors, however, recommended genetic testing was found unnecessary after a massive fraud scam against the U.S. Medicare program was revealed.
Cases of workplace discrimination seem to appear in the news nearly every week. Unfortunately, this trend is nothing new, as a study from the Equal Employment Opportunity Commission (EEOC) shows the agency received 1,889,631 discrimination complaints from 1997 to 2018. In 2017, a majority of these complaints were based on retaliation, race, disability, or sex. […]
For many, the idea of their hometown or city having a localized theme park to go to with family and friends seems simple enough. However, this has been a topic of contention for many Houstonians, since the beloved AstroWorld closed its gates for good in 2005 and was eventually demolished to make room for additional […]
Bonds can often play a major role when it comes to raising money. Government entities and corporations often issue bonds when they want to raise a certain amount of funding. When purchasing a bond, the issuer of the bond will receive a loan and agree to pay back the face value of that loan by […]
As many know, mergers and acquisitions (M&A) are common practices between corporations. The concept of mergers and acquisitions describes the consolidation of businesses and/or their assets through various types of financial transactions. If and when these transactions go awry, it can put the process into question. Recently, AT&T and its CEO had their acquisition tactics […]
While some view competition among businesses as a negative, competition among corporations is good for both consumers and businesses, often helping with different aspects of the economy. This can sometimes be a difficult line to tread for those involved in acquiring other businesses, as the size of the merger could have an overall impact on […]
First Amendment rights are a concept most Americans hold in high regard. It can be difficult to imagine not having these certain rights, especially when it comes to advocating for something you believe in. Unfortunately, the San Antonio Professional Firefighters Association (SAPFA) has faced many hardships involving the city of San Antonio in the last […]
As unfortunate as it seems, age discrimination is becoming more and more prevalent in the workforce as of late. According to a 2017 survey, more than six in ten workers aged 45 and older have seen or experienced age discrimination in the workplace. It’s not just your average corporations either; recently, Google settled an age […]
While unfortunate, fraud can occur in nearly any business. Funds designated for specific business use can be misappropriated and unnoticed for months or even years given the circumstances. Not even the higher-ups in Silicon Valley are immune to fraudulent activity, as recent Securities and Exchange Commission (SEC) findings in a case against a former venture […]
Wrongful termination claims, though fairly common, can sometimes be complex when it comes to determining their validity. This is because each situation is unique and often requires an experienced eye to see the varying details of the claims being disputed. This was the case for a former Texas Alcoholic Beverage Commission (TABC) employee who filed a wrongful termination claim over a conflict of interest with her employer.
Nearly everyone understands the concept of copyright. Individuals can obtain copyright protection for books, songs, computer software, and photos, among many other things. Once a copyright is obtained, the holder can seek compensation from individuals that unlawfully use the copyrighted work. This fairly straightforward legal concept was turned on its head recently when a photographer filed a lawsuit against The University of Houston System not for infringing upon his copyright, but alleging the university’s use of his photograph constituted a violation of his Fourth Amendment rights.
Elon Musk is known for many things, including founding Paypal and serving as the CEO of Tesla Motors. In addition to making cars, building spaceships, and investing in a wide variety of technology start ups, Musk is also known for his prolific tweeting. Unfortunately, not everyone likes Musk’s use of the social media platform Twitter, and his tweets have not only created controversy, but they have also led to legal troubles with the U.S. Securities and Exchange Commission (SEC). Now, the SEC wants clearer guidelines how social media usage can violate federal law.
The Harborwalk in Hitchcock is a well known Galveston hot spot. Home to a marina, boat launch, restaurant, and even a swimming pool, it should be a bustling location. Instead, the entire area has been boarded up amidst a dispute among the location’s owner, the Flamingo Isles Municipal Utility District, and the Harborwalk Property Owners Association.
Picture this: you have a really important print job, but as you stand in front of your office printer it starts making strange noises. Before you know it, the printer is jammed and your print job isn’t happening anytime soon. This is a common scenario for anyone that works in an office, which can become incredibly frustrating, particularly if the printer is brand new and fails to operate properly at all. This was the case for a local Houston law firm who became so fed up with printer problems that they filed a lawsuit against HP, Inc. alleging breach of contract, fraud, negligent misrepresentation, and breach of express warranty. While it’s unclear how this office drama will play out, it does serve as an important reminder to business owners about warranties.
When Felix Stehling opened the first Taco Cabana restaurants in 1979, he likely didn’t anticipate how quickly the restaurant would grow. While Stehling had a number of successful restaurants and businesses before Taco Cabana, the little taco shack would be the one that cemented him in the culinary history books. Sadly, the current status of the Taco Cabana empire is nowhere near what it used to be, and Stehling’s stepson alleges that’s due to a breach of fiduciary duty.
Houston is an unusual city for many reasons, but one of the most visibly apparent reasons is that there are no zoning requirements. This means that grocery stores can go up next to houses, but it also places a higher burden on homeowners and condo owners associations. Because there are no zoning requirements, these organizations are often the only thing standing in between a new development and residents. This is the case for the condominium owners association at the Cosmopolitan apartment complex, which is fighting the development of a 39-story building.
It’s not uncommon for airlines to reschedule or cancel flights. For Southwest Airlines, however, some of the cancellation and rescheduled flights over the past six years stem from a dispute between the company and its Aircraft Mechanics Fraternal Association. The contentious fight between Southwest and its mechanic’s union appears to be nearing its end according to both parties who have reached a tentative agreement.
The Houston Independent School District has been subject to much criticism and controversy regarding the school board’s handling of underperforming schools. Texas Governor Greg Abbott has stated the school board needs to be taken over to replace ineffective leadership – and a 2015 state law could allow this to happen.
The Texas Open Meetings Act (“TOMA”) is included in Chapter 551 of the Government Code. It states that governmental bodies must hold open meetings unless there is an authorized reason for a closed session. Public access to the proceedings and decision-making processes of both local and state governmental entities is an essential element of a properly functioning democracy. […]
Due to the close proximity of businesses, entertainment venues, residential areas, and hotels in a metropolitan area, noise complaints are a common occurrence in a big city. Without clear and defined regulations in place for noise levels – including specific hours of operation for music and entertainment venues – these complaints can be a constant source of friction between business owners and those living in or visiting a city.
It’s been over three months since Houston voters approved pay parity between firefighters and police officers and Houston City Council is getting ready to begin implementation. As the legal representatives who helped the Houston Professional Firefighters Association get Proposition B on the ballot, our entire team is very proud to see the measure come to fruition.
Just one week after Catholic Dioceses across Texas released the names of priests credibly accused of sexual abuse, an investigation by the Houston Chronicle and the San Antonio Express-News revealed 380 Southern Baptist church leaders and volunteers across the country have been accused of sexual misconduct. Over 220 of these individuals have been charged with sex crimes. Nonetheless the Southern Baptist Convention has refused to act and implement protocols that could prevent much of this abuse, and now victims want answers.
Insurance is typically a good thing. Policyholders can pay a small premium and receive financial compensation if they end up filing a claim. Without insurance, many people would be unable to pay for car repairs after an accident, a new roof after a storm, or necessary medical treatment. Unfortunately, insurance companies are first and foremost a business, and they sometimes put their own financial interests above their contractual obligations to policyholders.
Many individuals and businesses choose to create partnerships. Partnerships can help grow a business, combine resources, and bring together intelligent minds. As beneficial as partnerships can be, there can also be partnership disputes. Partnership disputes are common with businesses of all sizes, and some of the country’s largest beer companies are heading to court over one such dispute.
A fiduciary duty is the highest duty imposed by law, and while there are many types of fiduciary relationships, the definition is very broad. Generally speaking, a fiduciary duty exists between a fiduciary and a trustee. The fiduciary is expected to act in the best interest of the trustee. This relationship applies to lawyers and clients, doctors and patients, and legal guardians and their wards. However, these are all very different relationships, so a one size fits all approach to the handling of a fiduciary duty can often lead to litigation. But, the definition of fiduciary duty could see some changes in the near future when it’s applied to brokers and investors.
Workplaces can be extremely tense environments. While these environments can be shaped into more positive atmospheres, tense work environments are usually the basis of employment litigation. Many people think employment discrimination is just discriminating based on the color of someone’s skin, but there are many types of employment discrimination that create hostile work environments, prevent growth of hardworking employees, and lead to extensive litigation.
Ridesharing services like Uber and Lyft have hit the transportation industry by storm. These convenient rides are popular all over the country, but many are wondering if these services do enough to protect women from violence. Several high profile cases, including one in Houston, have left many women with the impression that ridesharing services just aren’t safe for them.
Houston firefighters have been fighting for Prop B to make it onto the November ballot. Mayor Sylvester Turner strongly opposed the proposition despite Houston firefighters obtaining more than enough signatures to get it on the ballot per the city’s election laws. With the help of Feldman & Feldman, Prop B successfully made it onto the ballot, so voters get to decide whether or not firefighters deserve pay parity with police officers. This long fought battle took a somber tone when an Anti-Prop B sign was placed just 25 yards from the site of the deadly Southwest Inn fire that claimed the lives of five firefighters and injured dozens more.
Texas early voting starts this week, and Houstonians have a lot of important decisions to make. In addition to voting for candidates, Houstonians will be voting on a number of propositions that will have huge implications for the city. Feldman & Feldman has proudly assisted the Houston Professional Firefighters Association (HPFFA) in its effort to get its “Proposition B” pay initiative on the November ballot.
Running a business is no small feat. Whether you own a small mom and pop company or employ thousands of employees, you are going to face legal issues that can jeopardize your business. In addition to a wide variety of business litigation issues, companies can also face employment litigation. Employment litigation can be damaging in many ways. Not only can it be expensive, but it can also tarnish a company’s reputation and take a serious blow at the morale of current employees. However, there are many steps companies can take to prevent employment litigation.
People are often unaware of all of the rights they possess. An important, but often overlooked, right is a citizen’s right to petition their government. Very few individuals exercise this right, but it is available to everyone and can make a significant impact on communities.
Feldman & Feldman is representing the San Antonio Professional Firefighters Association (SAPFA) with regard to the San Antonio First Initiative, successfully gaining placement for the initiative on the November ballot. Recently, the city had restricted SAPFA’s free speech in promoting the initiative, but despite this, SAPFA was successful in getting the initiative in front of voters this fall. On August 16th, 2018, the San Antonio City Council voted to put the San Antonio First Initiative on the November ballot for voters to decide its fate.
While many people learn about the U.S. Constitution in school, few give it much thought outside of school, and even fewer give the Texas Constitution any thought at all. While the U.S. Constitution applies to the federal government with the states being subordinate, the Texas Constitution (and all state constitutions) sets in writing what the state government can and cannot do with the counties being subordinate.
Cris Feldman of Feldman & Feldman has successfully obtained a restraining order against Mayor Sylvester Turner on behalf of the Houston Professional Firefighters Association (HPFFA). Feldman & Feldman filed a lawsuit alleging a violation of Texas Election Law and the misuse of public funds for political advertising.
This past April, members of the San Antonio Professional Firefighters Association (SAPFA) had a special delivery for the city clerk’s office. SAPFA members and their president delivered over 100,000 signatures in support of several petitions they named the “San Antonio First Initiative.” Unfortunately, the city violated citizens’ first amendment rights by restricting SAPFA from exercising its constitutional right to free speech. Feldman & Feldman has filed a lawsuit on behalf of SAPFA to protect their free speech rights under the Texas Constitution.
If you want to buy a house, you’re going to need title insurance, but very few homeowners know what title insurance is or how it works. This is a shame because while title insurance is very rarely needed, it can protect homeowners from huge financial losses.
There are few things in life as violating as a sexual assault. Victims not only suffer physical injuries, but also suffer from extreme mental turmoil. Emotions and memories from the event can haunt victims for the rest of their lives and affect every relationship they have or try to establish. While nothing can take away the physical and emotional pain from the assault, victims can pursue compensation in a civil lawsuit, allowing them to take back control of their lives.
Feldman & Feldman is currently representing Dallas firefighters and law enforcement officers in a lawsuit regarding cuts to Dallas police and firefighters’ pension program. We have fiercely advocated for these heroes in court proceedings for many years, and now the Texas Supreme Court will hear their case.
As a government employee, what do you do if you discover your employer, a government agency or organization, is breaking the law? While you might feel compelled to report your employer to the authorities, you may be equally worried it could cost you your job. Fortunately, government employees who alert authorities to wrongdoings by their employers are offered numerous protections under the Texas Whistleblower Act.
As Texans, we have the right to know what is going on with governmental entities. This not only helps ensure a system of checks and balances, but also serves to keep officials and appointees accountable. However, many Texans are completely unaware of their rights and do not exercise them.
With a deadline fast approaching, the Houston Professional Fire Fighters Association is pressuring City Hall to verify the thousands of petition signatures it gathered in support of putting equal pay with police officers on the November election ballot.
Oyster-fishing businesses have brought their battle with a Galveston Bay navigation district to federal court, alleging that the governmental body violated their constitutional rights by issuing a 23,000-acre oyster-bed lease to a single fishing company.
In the firms 12th story conference room, Houston Attorney Cris Feldman focuses on the rest of the battle after a major victory in the historic legal battle over oyster rights in Galveston Bay. Feldman used state records over several decades old to prove fishing rights belong to all Texans.
A rancorous two-year feud over control of the oyster business in Galveston Bay began on a summer day in 2014 when Michael “Misho” Ivic, owner of Misho’s Oyster Co. in San Leon, paid a visit to an old friend and fellow oyster dealer.
For the first time, we are hearing publicly from HISD’s former internal audit executive. Richard Patton said the district retaliated against him after he reported possible corruption by putting him on leave for five months during an investigation, just to bring him back for several weeks and then fire him by not renewing his contract.
The chief audit executive of the Houston Independent School District has sued his employer, claiming that he was unfairly suspended. According to the seven-page lawsuit filed by Richard Patton, he was suspended with pay for nearly five months after he went to the district’s police chief and the FBI to report several violations within the district. Patton claimed that his suspension was retaliation for those actions.
Houston’s school board removed its chief auditor after he reported potential violations of state law to police, shared information with the FBI and called out a board member for breaking competitive bidding rules, newly obtained documents and interviews show.
In an unusual and head-spinning twist, prosecutors in the criminal case against Texas Attorney General Ken Paxton sued the attorney general’s office Thursday to block the release of sensitive case information that could hinder Paxton’s defense but that his own agency ordered to be turned over to a Texas newspaper.
In a bizarre scenario, the special prosecutors in Texas Attorney General Ken Paxton’s case have sued Paxton over his office’s open records ruling that ordered the prosecutors to hand over their criminal discovery to a newspaper under the Texas Public Information Act.
In an unusual and head-spinning twist, prosecutors in the criminal case against Texas Attorney General Ken Paxton sued the attorney general’s office Thursday to block the release of sensitive case information that could hinder Paxton’s defense but that his own agency ordered to be turned over to a Texas newspaper.
A rancorous two-year feud over control of the oyster business in Galveston Bay began on a summer day in 2014 when Michael “Misho” Ivic, owner of Misho’s Oyster Co. in San Leon, paid a visit to an old friend and fellow oyster dealer.
Galveston Bay has been a hub for shrimpers, fishermen and oyster harvesters for decades. The area accounts for an estimated income of $1 billion per year, which is one-third of the state’s commercial fishing revenue.
The timing of Feldman’s resignation will enable him to testify at next month’s trial over the Houston Equal Rights Ordinance. Feldman said he made the decision to resign some time ago, but the trial date of Jan. 19 led him to make it effective Jan. 16.
Just over two years ago, Joyce Smith was almost arrested for doing her job. Smith says she was forced over her desk, and then nearly handcuffed and arrested at Harris County Writ Towing and Storage in north Houston, because she wouldn’t release an impounded car to Liberty County Precinct 1 Constable Timothy Allison. A car Allison believed was unlawfully towed.
Originally Published by Click2Houston Things can get heated when someone’s vehicle gets towed. Employees at the Harris County Writ Wrecker Yard tell Local 2 that’s exactly what happened when a Liberty County constable went to pick up his truck. The accusations include a threat and a confrontation and now the whole ordeal is the focus […]
A family is suing two popular Houston churches, accusing them of failing to protect their daughter from a sexual predator working as a youth minister. Second Baptist Church and Community of Faith were named in the lawsuit filed in a Harris County court earlier this week.
The parents of a teenage girl are suing two well-known Houston churches, claiming the organizations were negligent by employing a youth pastor who was convicted of sexually soliciting their daughter while working there.
Trial partners, Cris Feldman and Rusty Hardin, win Texas’ largest verdict in 2010. A $2.8 million breach of contract verdict won by attorneys from Houston’s Rusty Hardin & Associates, P.C., against Stewart Title Guaranty Co. has been named as Texas’ top business law verdict of 2010.
Download Rusty Hardin Trial Win Named Texas’ Top 2010 Business Law Verdict (PDF)Ending an 18-year saga, a Harris County civil court jury has ruled that Houston does not owe a California absentee landlord $120,000. The Nov. 18 verdict in Harris County Court at Law No. 4 involved a former apartment complex at 8525 Pitner Road, which the city demolished in late 1992 at public expense.
Originally Published in the Houston Chronicle
Tom DeLay and his supporters have blamed his troubles on former Travis County District Attorney Ronnie Early, who won DeLay’s indictment but retired during the five years it took to bring the former U.S. House majority leader to trial.
