The Long Road to a CBS and Viacom Corporate Merger

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The merging of two companies is a fairly common business practice. Mergers and acquisitions can consolidate company funds or assets, help stimulate growth, bring about a competitive advantage, or increase market share. Though a corporate merger is usually beneficial for both parties involved, it’s important to be aware of the amount of time the process can potentially take. In fact, the recent merger between CBS and Viacom has been brewing for nearly 20 years.


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Embattled Riot Games Settles Discrimination Claims for $10 Million

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When discrimination occurs in the workplace, it makes employees feel uncomfortable. Employment discrimination happens when an employee or an applicant is treated unfairly due to his or her race, skin color, national origin, gender, disability, religion, or age. Earlier this month, it was announced that Riot Games would pay nearly $10 million in a legal settlement after accusations of gender discrimination and sexual harassment came to light.


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Google Acquires Fitbit in a Massive $2.1 Billion Deal

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Mergers and acquisitions are common business occurrences involving the consolidation of companies or assets through various types of financial transactions. Mergers, acquisitions, consolidations, tender offers, and more can all dramatically change the face of a well-known business. In fact, Google recently acquired Fitbit in its largest acquisition to date for about $2.1 billion. This comes as the search engine giant aims to grow its presence in the smartwatch and fitness technology industries.


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Florida Real Estate Fraudster is Sentenced for $1.3 Billion Ponzi Scheme

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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.


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Employee Alleges Breach of Fiduciary Duty Over Security Breach

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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.


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Two Texas Counties Allege Mishandling of Hurricane Harvey Claims

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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.


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$2.1 Billion in Gene Testing Fraud Billed to US Medicare Program

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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.


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Dell Technologies Will Pay $7 Million to Settle Discrimination Lawsuit

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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. […]


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What Questionable Acquisition Tactics Mean for AT&T & CEO Moving Forward

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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 […]


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FTC Seeks to Block $1.2 Billion Stewart Title & Fidelity Deal Over Competition Claims

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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 […]


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San Antonio Professional Firefighters Association Faces More Challenges

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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 […]


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Class Action Age Discrimination Lawsuit Against Google Brings Up New Training Policies

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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 […]


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Former Silicon Valley Executive Misappropriated $19 Million in Investor Funds According to SEC

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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 […]


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Former TABC Employee Claims She Was Fired For Whistleblowing

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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.


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Texas Appeals Court Finds Copyright Infringement By Government Does Not Constitute a Taking

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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.


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SEC Wants Clearer Guidelines After Elon Musk’s Tweets

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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.


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Pastor Charged With Clergy Abuse Appears In Court

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We trust our religious leaders to help guide us in our faith. Most of them do, but there are some pastors and priests that violate this trust and sexually abuse parishioners. For victims, coming forward about the abuse is incredibly difficult, which means justice is almost never obtained. Justice will be served, however, for one victim after a pastor confessed to sexually abusing a minor.


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A Multimillion Dollar Website and Breach of Contract

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Almost every business needs a website. For some businesses, website functionality is crucial to generating revenue; and, most types of marketing (websites included) are expensive endeavors. But what if you paid $32 million for a website that didn’t meet your expectations? That’s exactly what happened to car rental giant Hertz, which is suing its former marketing company, Accenture LLP, for breach of contract.


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As Texas Fights Clergy Abuse The Catholic Diocese of Dallas Is Subjected To Police Search

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Earlier this year, Catholic dioceses across Texas released the names of priests credibly accused of sexually abusing parishioners, many of whom were children. This list was released after public outcry when police arrested Father Manuel LaRosa-Lopez, a Conroe priest, for four counts of indecency with a child in September 2018. The release of names led to an investigation by Dallas police, which conducted a thorough search of a church and several offices just last week.


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Houston Law Firm Files Lawsuit Over Faulty Printer: Here’s What You Need To Know About Warranties

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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.


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Was There A Breach In Fiduciary Duty In The Taco Cabana Empire?

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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.


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New Apartments Fighting Condo Owners Associations

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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.


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Neiman Marcus Facing Creditors In Court

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The cost of litigation is a huge challenge for businesses of all sizes. Large companies can threaten litigation in an effort to force opposing parties to drop claims against them. This is not only an extremely unfair practice, but it is against Texas law. Retailer Neiman Marcus has been accused by creditors of filing frivolous lawsuits in an attempt to stifle legitimate claims made by creditors.


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Southwest and Mechanic’s Union Nearing End of Six Year Long Negotiation Battle

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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.


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Texas Open Meetings Act Provision Struck Down by Texas Court

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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. […]


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Austin, The Live Music Capital of the World, Struggles With Noise Complaints

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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.


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City Council Gets Ready To Implement Prop B

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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.


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Investigation Reveals Over 300 Sexually Abusive Southern Baptist Church Leaders

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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.


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Catholic Archdiocese of Galveston-Houston Release List Of Sexually Abusive Priests

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Feldman & Feldman has an established history helping victims of sexual abuse involving the church. Indeed, growing pressure from civil lawsuits such as those filed by Feldman & Feldman, as well as criminal investigations nationally, have forced religious institutions throughout the country to be more forthcoming. As a result, in response to growing public concerns of sexual abuse among clergy, the Archdiocese of Galveston-Houston has released today a list of clergy with credible sexual abuse allegations dating as far back as the 1940s. There are in excess of 300 clergy members on the list. To see the full list, click here.


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Health Insurance Giant Slammed With $25 Million Verdict For Bad Faith Denial

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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.


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Feldman & Feldman Give Back This Holiday Season

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Feldman & Feldman is happy to announce its charity campaign benefitting the Animal Justice League. The entire legal team at Feldman & Feldman is honored to serve the Houston community, and we are proud to show our appreciation by giving back to a cause we care about. We will be donating money for every post reaction and share we received on our Animal Justice League related Facebook posts. By engaging with the post, users showed their support for this amazing charity. For every post reaction, Feldman & Feldman will donate $1 and for every post share, we will donate $3, up to a total of $1,000, which we were able to hit within 48 hours of launching our holiday charity campaign.


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Beer Companies Pabst and MillerCoors Go To Court Over Partnership Dispute

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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.


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Fiduciary Duty Could Change With New SEC Rules

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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.


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Types of Employment Discrimination

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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.


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Are Ridesharing Services Safe For Women?

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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.


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Anti-Prop B Signs Placed Near Site of Fatal Fire

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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.


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Feldman & Feldman Is Proud To Support Houston Firefighters On Proposition B

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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.


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Five Ways To Prevent Employment Litigation

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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.


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Mechanic’s Liens In Texas

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On any construction site or project, there are a lot of moving parts. Projects can quickly fall to pieces when parties aren’t properly paid. Luckily, people working in the construction industry have specific legal actions they can take to help obtain their rightful paychecks. Mechanic’s liens are the most powerful legal tool contractors and other parties in the construction industry can use to receive the money they’ve earned on projects. Unfortunately, mechanic’s liens can be very complicated; and, if not filed correctly, a mechanic’s lien could invalidate the lien.


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San Antonio Firefighters Win Placement for Ballot Initiative

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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.


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Differences On Texas & U.S. Constitution | Feldman & Feldman

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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.


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Attorney Spotlight: Cris Feldman

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Cris Feldman founded Feldman & Feldman with his father, David Feldman, focused on the idea that the public needs to be protected from corruption, injustice, and fraud at the highest levels. Cris helps individuals and business owners protect their rights from those who would infringe upon them. Cris has proudly represented a wide variety of clients, including assault victims, whistleblowers, and oyster fishermen, among others. All of Cris’s clients have come to know him for his dedication and passion to their cause.


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Feldman & Feldman File Lawsuit On Behalf Of San Antonio Firefighters

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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.


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Why Sexual Assault Victims Should File A Civil Lawsuit

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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.


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What Type Of Business Should I Form?

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Starting a business is incredibly exciting, but few people understand how the type of entity they form can affect them later on. Deciding what entity to form can have beneficial or catastrophic consequences for not only your business, but for your own personal finances. While there are many types of business entities, the business lawyers at Feldman & Feldman see the following most often.


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Everything You Need To Know About The Texas Whistleblower Act

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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.


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Feldman Demands Whistleblower Report

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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.


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Feldman & Feldman Files Watchdog Suit against HISD After Retaliation

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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.


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Houston Woman Announces Lawsuit Against Liberty County Constable

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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.


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Constable Sued For Towing Confrontation

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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 […]


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Rusty Hardin Trial Win Named Texas’ Top 2010 Business Law Verdict

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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)

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The Perils of Loser Pays

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Originally Published in Texas Lawyer

For a run-of-the-mill car accident case, Andrade v. Ankur contains an important lesson about one of the many controversial tort-reform provisions the Texas Legislature put into place a year ago with House Bill 4. And, for a change, the case shows how the reforms that were supposed to curb frivolous suits had a negative effect on a defendant.


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