In a recent decision, the Fifth Circuit has suggested an odd practice. In Bunker v. Dow Chemical, No. 24-20046 (%th Cir. 8/7/2024), Ms. Bunker filed her EEOC charge, but she did not check the block at the top for “FEPA.” It is important to check that block to indicate you, as the Charging Party

There has been much talk about Project 2025, a book published by the Heritage Foundation. Many of the authors were major players in the last Trump administration. So, we can expect the contents of the almost 900 page book to fuel many policy proposals in a new Trump administration, if there is one. The book

In what industry are both white collar and blue collar managers and leaders trained for each level of promotion? In the military. In the military services, NCO’s and officers receive training for each level of promotion. For decades, the U.S. military has required attendance and graduation from schools designed to train leaders at every rank.

The Federal Trade Commission has voted 3-2 to ban non-compete agreements. NCA’s affect 18% of the work force, or about 30 million workers. They have been used for fast food workers and CEO’s alike. Perhaps as recently as 20 years ago, they were only used for senior executives. But, their use has since grown in

Donald Trump has sued or been sued some 4,000 times. He ought to know more than many lawyers how to win a lawsuit. Yet, he and his lawyers consistently violate every guideline regarding successful lawsuits. There are only guidelines, because a litigant can do everything right and still lose. Just like a litigant can do

Many discrimination cases lose on motions for summary judgment. In Gutierrez v. City of Converse, No. 17-CV-01233-JKP (W.D. Tex. Jan. 10, 2020), the Western District denied in part and granted in part the City of Converse’s Motion for Summary Judgment. Ms. Gutierrez worked for the Converse Fire Department for eight years when she was

Arbitration agreements are very common in the Texas work force. Increasingly common is the onboarding process in which new employees sign everything online. That leads to issues. The arbitration agreement provision is very routine. Will the employer get around to signing every arbitration agreement? In Hi Tech Luxury Imports v. Morgan, No. No. 03-19-00021-CV

There are folks with disabilities who test websites to see if those websites are ADA compliant. I previously wrote about one tester, Deborah Laufer here. In Laufer v. Acheson Hotels, 50 F.4th 259 (2022), the First Circuit ruled that Ms. Laufer as a tester did have standing for her ADA lawsuit. Some of

I have written about the Trump election lawyers, including Rudy Giuliani here and here. I expressed amazement that so many lawyers were willing to risk their law licenses advocating frivolous election claims. And, now the other shoe has dropped. A Washington D.C. attorney Bar committee has recommended that Rudy Giuliani be disbarred. It is

The crime fraud exception to the attorney-client privilege was instituted in reaction to the Watergate scandal of the 1970’s. Observers at the time were shocked how many attorneys were involved in the Watergate mess. It was also surprising at the time how often illegal plans were funneled through lawyers, simply because it was presumed the