Prior to June 2018, states and municipalities were only permitted to impose sales taxes on sellers of goods and services when the sellers had a physical presence in the state or municipality. Many brick-and-mortar businesses and local businesses believed this gave an advantage to the burgeoning online retailers, as people could buy save money by […]
Leveling the Playing Field for Local Retailers – Taxing Online Sales
The Invisible Slip and Fall: The Importance of Record Keeping
Most defense attorneys will agree that more often than not, there are no witnesses to the personal injury claims we investigate and litigate. In fact, there is often no record at all about the incident or occurrence that provides any helpful facts about what happened. This lack of investigative documentation leaves clients and attorneys both […]
The Evolving World of Incident Scene Video: The Retailers Friend or Foe?
As defense counsel to multiple retail clients across the United States, one of the most common things we encounter in personal injury claims is the presence (or oftentimes the absence) of video of “the incident.” In today’s world where the general populace expects and anticipates near constant surveillance in the public arena, the general perception […]
Place Your Bets (or Don’t): Legal Sports Gambling in Texas Not Likely Anytime Soon
The recent decision of the United States Supreme Court in Murphy v. National Collegiate Athletic Association, is expected to have far-reaching effects on the sports betting landscape in the United States. The case was the appeal of a lawsuit in which the National Collegiate Athletic Association (“NCAA”) and four professional sports leagues sued the State […]
Discoverability of Settlement Agreements in Multiparty Cases
Retailers, restauranteurs, and hoteliers sometimes find themselves involved in litigation involving multiple parties. Often, when multiple parties are involved, a settlement is reached with one or more parties but not with others. In those cases, business owners and operators should be aware of a new Texas court decision concerning the confidentiality of settlement agreements. A […]
Shaken and Stirred: Federal Court Declares Texas Alcohol Laws Unconstitutional
On Tuesday, United States District Judge Robert Pittman issued a fifty-page order that will likely have a profound impact on retailers that currently sell or are looking to sell alcoholic beverages in Texas. The lawsuit, brought in 2015 by Wal-Mart Stores, Inc., along with three of its subsidiaries, challenged the constitutionality of four Texas statutes […]
Overview Of Alcohol Liability In Texas – Part III (Sale To Minors)
This is the third article in a series of posts addressing alcohol or dram shop liability in Texas. You can find the first post here , and the second post here. In our previous blog posts, we have discussed potential liability for the over-service of alcohol to an adult. In this post, we address liability for providing […]
May I See Your ID?
On January 1, 2018, a new Texas law went into effect permitting a merchant to request a government-issued photo identification to verify the identity of a credit or debit card user – and decline the transaction if the buyer refuses to show it. The new law is not mandatory. The law does not require a […]
Proposed DOL Tip Pool Regulations: Good News (or not?)
Tip pooling in the hospitality industry has long been a method of increasing pay to certain employees and to allow the employer to pay lower “wages” than would otherwise be required. Under the Fair Labor Standards Act (“FLSA”), an employer may pay tipped employees a cash wage as little as $2.13 per hour (instead of […]
Sticks and Bricks may not bother Amazon, but the Words “Exclusive Use” Can Hurt Them
It is no secret that the advent of online commerce has eroded the value of retail properties for landlords and tenants alike. Brick and mortar – or stick and brick – retailers have been steadily losing market share to online giants such as the ubiquitous Amazon.com, amongst others, who are able to leverage lower overhead, […]