Texas Hail Bill Is Already Affecting Insurance Litigation
Co-Author, Your Digital World: What’s Happening and Using Metadata, State Bar of Texas Advanced Medical Torts CLE
Hurricane Harvey's Aftermath: Anticipated Coverage Issues Following Natural Disasters
Death, Drugs & Rock-n-Roll: Unique Seller Disclosure Laws
Preparing For Art-Related Claims After Hurricane Harvey
Steps That Associates Should Take to Handle Their First Hearing Successfully
The Future of Collective Arbitration: Reconciling the FAA with the NLRA, FLSA, & Other Federal Rights, 22 TEX. J. ON C.L. & C.R. (Spring 2017) Co-Author
A Deposition Is Not A “Take Home Examination”: Resolving the Ambiguity of Texas Rule of Civil Procedure 203.1, 69 BAYLOR L. REV. 217.
Storage Woes - A Cautionary Tale of Stolen Art & Subrogation Rights
Are We There Yet: Paving The Way for Autonomous Vehicle Claims
Prying Eyes: Protecting the Confidentiality of Defense and Claim Files
Isaac Asimov's laws and the rise of self driving cars
Employment Law – A Union’s Duty of Fair Representation in Pilot Seniority Negotiations, 81 J. AIR L. & COM. 95 (2016).
Michael S. Cedillo, et al., Avoiding Imputed Disqualification, 8 Southern Journal of Business and Ethics (2016)
It’s The End Of the [Automobile Insurance] World as We Know It
You Don't Want to "Shoot a Missed Approach" from Your Adjuster's Desk
Long Road Ahead for Autonomous Vehicle Laws
Admissibility of Social Media
Managing Engineering Liability and Risk
Fine Art Insurance—a Horse of a Different Color
Don’t You (Forget About Me): The Purpose, Force, and Effect of Insurance Policy Conditions (Notice, Voluntary Payments, and Cooperation) and Case Law Updates
Diversity Does Not Happen Without a Purposely Prepared Plan
Interlocutory Appeals in Texas: A History, 48 St. Mary's L.J. 65
Buckle Up or Else: Texas Supreme Court Holds Plaintiffs Responsible for Failure to Wear Seat Belts
Can Dr. Jekyll Sign for Mr. Hyde?: Examining The Rights of Individuals Suffering from Dissociative Identity Disorder in Civil Contexts, 24 S. Cal. Rev. L. & Soc. Just. 239 (2015).
Texas Insurance Agent Liability in Light of the Elusive ‘Special Relationship’
U.S. Supreme Court Update, The College Bulletin, Texas Bar College (Fall 2015).
Employee Handbooks are in the Crosshairs of the NLRB
Ebola Coverage: A Primer (Journal of Texas Insurance Law, Spring 2015)
Electricity And Natural Gas In India: An Opportunity For India’s National Oil Companies, 37 HOUS. J. INT’L. L. 893
Handling UM/UIM Claims: An Update
This Case is Rigged: Defending Oil and Gas Casualty Claims
Mixed Causes of Action Get Mixed Anti-SLAPP Results, Los Angeles Daily Journal
"Additional Insured and Contractual Liability Coverage," Chapter 6 of "Thirteen Things Every Insurance Agent & Broker Should Know," Chapter 8 of “E&O Exposure by Lines of Business,” AgentsofAmerica.org eBooks (co-author, 2014 and 2010 editions)
Mapping the Matrix: Defining the Balance Between Executive Action and Legislative Regulation in the New Battlefield of Cyberspace
Litigation Issues Affecting Common Interest Developments, DRI Professional Liability Seminar (co-author)
A Cautionary Tale: Regarding Arbitration Agreements in Professional Liability Retainers
Potential Conflicts in the Tripartite Relationship: The Use of Billing Guidelines and the Right to Independent Counsel
Stop Assuming: The Limitations of C.P.R.C. Chapter 38 In Recovering Attorney’s Fees
When the Hammer May Not be a Tool for Settlement
International Child Abduction—Second Circuit Finds Federal Right of Action for Visitation Rights Under Federal Law Implementing the Hague Convention on Civil Aspects of International Child Abduction, 67 SMU. L. REV. 195 (2014).
I Am America (And So Can You!): Incentives, Consequences, and Reforms of the False Claims Act
Close Enough for Jazz: Statistical Extrapolation in Complex Litigation
H.B. 1869: The Impact of the Subrogation Reform Bill Upon Third-Party Liability Claims
New Approaches to Loss Allocation
Lawyer; Heal Thyself: A Cross-Industry Disection of Today's Professional
Superstorm Sandy: Lessons Insurers Can Learn From Gulf Coast Hurricanes
Appraisals, Breach of Contract and Bad Faith: Is There a Connection?, "Insurance Journal" Texas/South Central edition
Are Your Independent Contractors Truly Independent?
Fair Housing Compliance
Insurance Binders and Certificates of Insurance
Contractual Liability Exclusion in Commercial General Liability Policy, 28 DAYL Dicta 7 (August 2011)
Dib Waldrib & Sara Berkeley, “What Happened?”: Confronting Confrontation in the Wake of Bullcoming, Bryant, and Crawford, 43 ST. MARY’S L.J. 1 (2011).
The Changing Face of Arbitration
Sara Berkeley, Comment, The BAPCPA’s Restriction on Attorney-Client Speech in the Fifth and Eighth Circuits: Worth Saving or Destroying?, 41 ST. MARY’S L.J . 351 (2010).
Texas Insurance and Tort Law Update 2009: Tort Law Update
Texas Insurance and Tort Law Update 2009: Investigating, Evaluating, and Defending Catastrophic Claim
Implications of Anti-Concurrent Causation Clauses in Gulf Coast Hurricane Claims
Labor & Employment Law Alert - COBRA Premium Changes
Summary Judgments Largely Eliminated Under the New ADA Amendments
Fifth Circuit Increases the Threat of Punitive Damages in Discrimination Cases
"Getting Stiffed No Longer Needs To Be a Cost of Doing Business: Texas Prompt Pay Provisions" Baylor University Medical Center Proceedings
Punitive Damages Coverage in Texas - Where Are We Now and Where Are We Going
Supreme Court Affirms Alternative Retaliation Remedy
U. S. Supreme Court Holds Employers Bear the Burden of Production and Proof on ADEA RFOA Defense
A New Wave of FLSA Claims: Employees Using BlackBerrys From Home for Work-Related Purposes
Suggestions for Insurance Agents Responding to Questions Regarding Mold
Doing it Right the First Time
“The Government Contractor Defense and the Duty to Warn” Co-author; Harris Martin Seminar
A Victory for Employees Under the FLSA: Attorney’s Fees can Be Recovered Even When the Wages Owed Are Nominal
The Texas Prompt Payment of Claims Statute and its Application to the Duty to Defend
Summary of New Texas Margin Tax
Construction Defect Update: What's Building Up in Texas?
Construction Defect Coverage: What's Covered, What's Not?
Wage & Hour Retaliation Suits: Calculating Damages For Employees Making More Money After They Leave
New Federal Rules Address “Electronically-Stored Information"
The “Reasonableness” of a Neutral Absence Control Policy
Preparation and Strategy Considerations in Filing and Prosecuting Coverage Litigation
The Current State of Benzene Litigation, Thompson Coe seminar: The Future and Science of Benzene Litigation
Voir Dire in Texas After the Cortez and Hyundai Decisions
The When, Where and Why's of Litigation Coverage: Strategies for DJ Actions
The 2007 Texas Legislature - Legal Storm Clouds on the Horizon?
The Rubic's Cube: Allocation of Coverage
The Role of the Insurance Adjuster and Corporate Representative at Trial
Protecting Your Insured from Enforcement of a Judgment During an Appeal
Minor Changes to Returning Employee’s Job Duties Do Not Violate FMLA
Employers Have Duty to Monitor Employees’ Electronic Communications to Prevent Harm to Non-Employees
Can I Come Along for the Ride? Piggybacking Employment Discrimination Claims
Only Willful Absences or Tardiness Deductions Allowed with Fluctuating Workweek
DOL’s Advisory Memorandum On “Donning And Doffing” Specialized Gear
Seniority System Prevails Over Requested ADA Accommodation
Recent Developments in Homeowners Insurance
Duty to Defend Could Be Triggered by Extrinsic Evidence
Indemnifying Your Surety: What Have You Done?
Employers Must Comply with State and Federal Document Disposal Rules
Pages from the Opposition’s Playbook: The EEOC Revises its Compliance Manual
Arbitration Agreements in Employee Handbooks: Are they Enforceable?
DOL Opinions: Timekeeping Policies and Pay Deductions for Exempt Employees
USERRA Claims are Subject to Binding Arbitration
The Application Process: How to Avoid Hiring the Bad Employee
Employees Can’t Use FMLA Leave for Unscheduled Workplace Breaks
Contingent Payment Clauses, Revisited
Personality Testing: Do Your Pre-Employment Tests Violate the ADA?
Construction Defect Coverage Revisited — With A Twist: Lennar Corp. v. Great Am. Ins. Co.
Fifth Circuit Analyzes CGL Auto Use Exclusion: EMCASCO v. American International
Texas Supreme Court Weighs In On An Insurer’s Right To Intervene In A Liability Lawsuit
Confidentiality: But At What Cost?
Congress Extends the Terrorism Risk Insurance Act
The Right to Reimbursement Appears to be Anything But Settled: Frank's Casing
“Sufficiently Definite” Contract is Close Enough — Owner Qualifies as Additional Insured
The Texas Supreme Court Hears Oral Arguments in the Lamar Homes Case
Employees Must Be Compensated For “Donning & Doffing” Specialized Gear
Internet Recruiting: Who is an Applicant?
TWFC Accepts Retaliation Charges Regarding Emergency Evacuations
Job Coach May Be A “Reasonable Accommodation”
Texas Legislature Applies New Standard To Non-Subscribers Seeking to Obtain Post-Injury Claim Waiver
Department of Labor Issues Final Rules Regarding Military Service
Texas Workers’ Compensation Commission Abolished
Court Confirms Akin Not Limited to UM
Insurers’ Right to Reimbursement: Frank’s Casing
Texas Supreme Court Weighs in on Business Pursuits Exclusion in Homeowner Policies
Picking and Choosing: Getting On, or Staying Off a Jury Panel: How Cortez v. HCCI- San Antonio Impac
Wind Versus Flood - Gulf Coast Hurricanes Spark the Debate
Lamar Homes, Inc. v. Mid Continent Casualty Company, 2005 WL 2432029 (5th Cir. Tex., Oct. 3, 2005)
Asbestos-Related Disease: Not a “Bodily Injury by Accident”
Court Denies Rehearing; 21.55 Analysis Stands: TIG Insurance Company v. Dallas Basketball, Ltd.
Claimant Has No Justiciable Controversy Against Insurer
EEOC Revises its Compliance Manual Regarding Charge Filing Deadlines
Courts Lessen Employee’s Burden for Proving Retaliation Claim
EEOC Issues New Disability Guidance Regarding Cancer
IRS Authorizes Grace Periods for Employer-Sponsored FSA Accounts
Untimely Medical Certification Bars FMLA Claim
Employers Have New USERRA Obligations
Employers May Utilize Electronic I-9 Forms
Jury Waiver Agreements Revisited
Texas Supreme Court Narrows The Gap On Emotional Distress Claims
Employers Can Require Separate Bargaining Units for Staffing Agency Employees
Another Four Years: Employees Have More Time to Sue Employers For Racial Discrimination Claims
Insurer's Duty to Defend is Not Triggered Until Insured Tenders its Defense
Meaning of “Claim” Addressed in Mex-Tex
The Unqualified Defense Under Traver and Davalos
Loss to Royalty Interest Not “Property Damage”
Must a Homeowner’s Carrier Defend Everything?
Punitive Damages in Texas - Where Do We Stand?
2004 In Review - What a Year!
What is a “Motor Vehicle Accident”?
Texas County Mutuals: Still Alive and Kicking
Out With The Old And In With The New: TWC Takes Over Administration Of The Texas Commission On Human
Supreme Court Extends Ellerth/Faragher Affirmative Defense To Certain Constructive Discharge Cases
Non-Unionized Employees do not have Weingarten Rights
Negotiation, Collaboration and Settlement: Ethical and Malpractice Considerations
DOL’s Long-Awaited “FairPay” Overtime Regulations Will Soon Take Effect
Employers May Discriminate in Favor of Their Most Senior Employees
Federal Recordkeeping Requirements: Who Is A “Job Applicant”?
Coverage for Copyright Infringement in the Marketing of Computer Software: The Insurer's Perspective
Workplace Misconduct Investigations Now Excluded from the Fair Credit Reporting Act
Exempt Employees May Receive Overtime Pay
School District's Consideration of Late Grievance Waives Timelessness Defect
Steering Clear of the Runaway Jury
Supreme Court Rules on “Diminished Value”
What is a “Temporary Substitute” Vehicle?
Court Finds No Coverage for Encroachment on Easement
Insurer Granted Summary Judgment in Defective Construction Coverage Case
Strategy and Ethics in Declaratory Judgment Actions
Good News for State Employers: Court Raises Employee's Burden of Proof in Whistleblower Lawsuits
OSHA Issues New Whistleblower Regulations: Defending a Sarbanes-Oxley Whistleblower Charge
Plaintiffs find a Litigation Oasis in the Desert | Court Makes it Easier for Employees to Prove Discrimination
Does an Insurer Have a Duty to Prosecute an Appeal on Behalf of its Insured?
How Many Times Can A Claim Be Denied?
Punctured Pipes, Terminal Trenches and Slippery Scaffolds: Is Worksite Safety a “Professional” Matte
Mold Not Covered: Fiess v. State Farm Lloyds
U.S. Supreme Court Clarifies ADA's Definition of 'Employee'
State Employees Can Recover Money Damages for FMLA Violations
Avoiding Document Destruction Claims
Employers May File Counter-Claims Against Plaintiff-Employees
The Perfect Texas Insurance Storm Emergency Orders and Ad Hoc Rulemaking
Statutory Insurance Requirements, MCS-90 Endorsement and Other Minimum Coverage Requirements
Does a Social Security Mis-Match Letter Obligate an Employer to Re-Verify an Employee's Employment
$760,000: The High Price of an Office Romance Gone Bad
Employees Gain Legal Ground: US Supreme Court Authorizes Recovery for Untimely Discriminatory Acts
Texas Supreme Court Opens Door to Article 21.21 Liability for Improper Handling of Third-Party Claim
Texas Supreme Court Decides There Can Be An 'Occurrence' as to the Insured with Regard to the Intent
Notice Provisions in Claims-Made Policies: Can the Insured Make a Coverage Determination Before Givin
Pollution Law Update
Mid-Century Ins. Co. of Texas vs. Boyte: Texas Supreme Court Decides Duty of Good Faith Ends
Illegal Aliens Can’t Recover Backpay for ULP’s
FMLA Leave: To Designate or Not Designate--That Was the Question
Texas Supreme Court Narrows Scope of State’s Whistleblower Statute
U.S. Supreme Court Eases Filing Burdensfor Employment Discrimination Claimants
Texas Supreme Court Embraces Binding Arbitration in Employment Disputes
Beware of Social Security Mis-Match Letters
Punitive Damages Are Not Recoverable in Dram Shop Cases
“Completed Operations” Exclusion
Unsolicited Faxes Raise Coverage Issues
Mold Updates - TDI Authorizes State Farm to Sell Homeowner's Policy Limiting Mold Coverage
When is Misconduct Professional?
EEOC Not Bound By Arbitration Agreements
Dressing on the Employer’s Time
Applicants for Re-Hire are “Employees” Under FMLA’s Anti-Retaliation Prohibition
U.S. Supreme Court Narrows Reach of Disability Law
When Johnny Comes Marching Home Again...What are Employers to Do?
Where Angels Fear to Shred
Federal Appellate Court Affirms Non-Unionized Employees' Rights to Co-worker Representation During I
OFCCP Requires Federal Contractors to Submit Equal Opportunity Surveys
Three Federal Agencies Issue Joint Statement Against Employment Discrimination Following September 1
Responding to a Charge of Discrimination
State Farm Lloyds vs. Mireles
“Unfair Discrimination” Under Article 21.21-8 Takes on New Meaning
The Dilemma of Extrinsic Evidence
In Re Trinity Universal: Severance of Article 21.55 Claims
When Does Good Faith End?
King v. Dallas Fire Insurance Company: Is There Coverage for Intentional Acts?
Business Interruption Coverage - A Quick Refresher
Texas Enacts Contraceptive Equity Law
Failure to Provide Birth Control in Health Plans Constitutes Sex Discrimination
Front Pay Not Subject to Damage Caps
Toxic Mold - Lawsuits Mushroom
Recent Trends in Plumbing Leak / Foundation Damage Claims Under Commercial Property Policies
A Valid Insurance Claim is a Prerequisite to Liability Under Article 21.55
A Rose by Any Other Name: When Does a Pleading Allege an Offense?
Texas Supreme Court Recognizes Right of Reimbursement with Consent Requirement
Insurability of Punitive Damages: Who Really Gets Punished
Employees Can Be Forced to Arbitrate Workplace Disputes
What's In Your Future?
High Court Raises Bar for Employee Retaliation Claims
Disabled Employees Can Now Sue for Workplace Harassment
Handling EEOC Discrimination Charges
Avoiding Malpractice: Conflicts of Interest in Bankruptcy Representations
Recent Developments in Personal and Advertising Injury Coverage
Injured Employees: You’ll Be Back WHEN?!?!
Age Discrimination Claimants: Go On-Take the Money & Run!
Viagra: The Ups and Downs
Gear Up Your Company’s Non-Compete Agreements
Notice of Electronic Monitoring Act: 1984 Revisited?
Do Your Employee Benefit Plans Comply with Federal Discrimination Laws?
Is Your Workplace Mother Friendly? The Answer May Surprise You!
Title VII Damage Caps: Calculating Your Maximum Exposure
Employers Potentially Liable for Harassing Postings on Electronic Bulletin Boards
Texas County Mutuals: Their Tradition and Their Future
To Sever or Not to Sever? Is the Decision to Sever Bad Faith Claims from Contractual Claims Always w
Preserving Summary Judgment Error for Appeal
Component Suppliers: Drawing Common Sense Boundaries for Liability
Common Liability Exclusions | The Good, The Bad and The Ugly
Certain Evidence In Age Discrimination Cases Found Improper by Court of Appeals
No Duty Of Good Faith And Fair Dealing In The Employment Context
Sexual Harassment - The Roadmap to Avoid Liability
Non-Unionized Employees Entitled To Representation During Disciplinary Meetings
The Truth Shall Set You Free, But Fib and You May Fail