Jackson Walker Fast Takes

For guidance on business entities in Texas and Delaware, look no further than Jackson Walker's resident expert, Byron Egan, who literally wrote the book on choice of entity. The third edition of his treatise, EGAN ON ENTITIES: Corporations, Partnerships and Limited Liability Companies in Texas, will be available through LexisNexis in November, and while the last update was released just two years ago, practically every page was updated to include changes in legislation and court decisions. 

In this Fast Takes episode, Byron addresses some of those updates, including one of Texas' favorite company's recent board liability, and how the decision of where you choose to incorporate makes a significant difference in liability exposure. Byron also discusses how corporate statutes allowed for reasonable actions by the corporations even under the pressures of the pandemic and the social justice issues seen in 2020.

For additional JW Fast Take podcasts and webinars, visit JW.com/Fast. Follow Jackson Walker LLP on LinkedIn, Twitter, Facebook, and Instagram.

The music is by Eve Searls.

This podcast is made available by Jackson Walker for informational purposes only, does not constitute legal advice, and is not a substitute for legal advice from qualified counsel. Your use of this podcast does not create an attorney-client relationship between you and Jackson Walker. The facts and results of each case will vary, and no particular result can be guaranteed.

When it comes to government contracts and procurement issues, even the savviest of businesses can need help navigating the applicable laws and the often-complicated regulations. From the initial request for proposal (RFP) process to the winning or losing of those bids, and all the way through the performance of the government contract, there are pitfalls businesses need to understand.  Jackson Walker Government Procurement and Contracts Partners John Edwards and William Stowe discuss the common issues they see when businesses seek to procure government contracts. 

For additional JW Fast Take podcasts and webinars, visit JW.com/Fast. Follow Jackson Walker LLP on LinkedIn, Twitter, Facebook, and Instagram.

The music is by Eve Searls.

This podcast is made available by Jackson Walker for informational purposes only, does not constitute legal advice, and is not a substitute for legal advice from qualified counsel. Your use of this podcast does not create an attorney-client relationship between you and Jackson Walker. The facts and results of each case will vary, and no particular result can be guaranteed.

The recent temporary halt on residential evictions by the Center for Disease Control (CDC) raises a number of legal and logistical questions. Jackson Walker partner Brad Nitschke, who leads the Firm's COVID-19 Task Force, and governmental affairs consultant Kate Goodrich discuss how these issues affect both landlords and tenants and what the order does and does not cover. In this episode, Kate explains how this is not an automatic protection for tenants, and that this is not a waiver on rent or fees owed, while Brad discusses three legal arguments that landlords may bring against the federal government challenging the CDC director's authorization to issue such a moratorium. 

Check out "Federal Eviction Moratorium Broadened and Extended Through the End of 2020" for more information about the federal eviction moratorium.

For additional JW Fast Take podcasts and webinars, visit JW.com/Fast. Follow Jackson Walker LLP on LinkedIn, Twitter, Facebook, and Instagram.

The music is by Eve Searls.

This podcast is made available by Jackson Walker for informational purposes only, does not constitute legal advice, and is not a substitute for legal advice from qualified counsel. Your use of this podcast does not create an attorney-client relationship between you and Jackson Walker. The facts and results of each case will vary, and no particular result can be guaranteed.

While Texas is considered pro-employer, the state has seen a significant increase in Fair Labor Standards Act employment litigation so far in 2020. Labor & Employment partner Jamila Brinson joins to explain the rise in litigation cases – particularly in the Southern District of Texas. Of course, the COVID-19 pandemic has played a significant role in the rise, but employees are finding creative approaches to bringing their lawsuits, which employers should understand in order to reduce their overall risk to these suits.

To learn more about the rise in FLSA lawsuits, check out The Texas Lawbook article "Wage and Hour Litigation Back on the Rise in Midst of COVID-19" (subscription required), which features Jamila discussing the U.S. Supreme Court ruling in Epic Systems Corp. v. Lewis that arbitration provisions can be included in employment contracts with respect to collective action claims.

For additional JW Fast Take podcasts and webinars, visit JW.com/Fast. Follow Jackson Walker LLP on LinkedIn, Twitter, Facebook, and Instagram.

The music is by Eve Searls.

This podcast is made available by Jackson Walker for informational purposes only, does not constitute legal advice, and is not a substitute for legal advice from qualified counsel. Your use of this podcast does not create an attorney-client relationship between you and Jackson Walker. The facts and results of each case will vary, and no particular result can be guaranteed.

Cybersecurity and data privacy regulations were complicated well before the global pandemic. Since COVID-19 swept the world, Brazil has delayed enacting its new general data protection law, California's CCPA has gone through enforcement changes, and businesses in the U.S. are in limbo after the European Union Court of Justice overturned a Privacy Shield commonly used to satisfy US/EU data transfers. John Jackson, who chairs Jackson Walker's Cybersecurity Litigation group, provides an update on the current status of the alphabet soup of data security regulations involving Brazil's LGPD, the European Union's GDPR, and California's CCPA. 

Note: There was an update to the Brazilian LGPD on August 26th. The podcast was updated on August 27th to adjust for the change in enactment dates.

For additional JW Fast Take podcasts and webinars, visit JW.com/Fast. Follow Jackson Walker LLP on LinkedIn, Twitter, Facebook, and Instagram.

The music is by Eve Searls.

This podcast is made available by Jackson Walker for informational purposes only, does not constitute legal advice, and is not a substitute for legal advice from qualified counsel. Your use of this podcast does not create an attorney-client relationship between you and Jackson Walker. The facts and results of each case will vary, and no particular result can be guaranteed.

Not all bankruptcy plans need to be drawn-out or costly affairs. Jackson Walker attorney Veronica Polnick explains how a bankruptcy prepack plan speeds up the time it takes to emerge from bankruptcy proceedings. One such example is Jackson Walker's representation of Mood Media Corp. and its 17 affiliates in filing a prepackaged reorganization plan and emerging from bankruptcy in just over 30 hours—a record for the Southern District of Texas.

For additional JW Fast Take podcasts and webinars, visit JW.com/Fast. Follow Jackson Walker LLP on LinkedIn, Twitter, Facebook, and Instagram.

The music is by Eve Searls.

This podcast is made available by Jackson Walker for informational purposes only, does not constitute legal advice, and is not a substitute for legal advice from qualified counsel. Your use of this podcast does not create an attorney-client relationship between you and Jackson Walker. The facts and results of each case will vary, and no particular result can be guaranteed.

Nonprofits are some of the best providers of necessary services in the United States. However, many run on shoestring budgets and require a mix of paid staff, volunteers, and internships to fulfill their missions, and there are still labor and employment laws, rules, and regulations they must follow. We discuss some of the issues around staff classification and benefits with Jackson Walker Labor & Employment attorney Brooke Leondar and Kenesha Starling, a third-year South Texas College of Law student and 2020 summer associate at Jackson Walker.

For additional JW Fast Take podcasts and webinars, visit JW.com/Fast. Follow Jackson Walker LLP on LinkedIn, Twitter, Facebook, and Instagram.

The music is by Eve Searls.

This podcast is made available by Jackson Walker for informational purposes only, does not constitute legal advice, and is not a substitute for legal advice from qualified counsel. Your use of this podcast does not create an attorney-client relationship between you and Jackson Walker. The facts and results of each case will vary, and no particular result can be guaranteed.

Schools across the country are announcing their reopening plans. For some, this means students will physically return to the classroom; for others, it means online classes or a hybrid operation. For working parents, what the schools decide may determine whether they need to take leave from work if their children remain at home. Jackson Walker Labor & Employment attorney Judy Garner walks through some of the issues that both employers and employees are facing right now regarding employee leave eligibility made available through the Families First Coronavirus Response Act (FFCRA) or the Family Medical Leave Act (FMLA).

Employers should understand how they are affected by the FFCRA when it comes to their employee's benefits for emergency paid sick leave, and expanded family and medical leave. Different states have different requirements, and employers should know how these rules across different jurisdictions come into play and adjust their employee policies accordingly. 

For additional JW Fast Take podcasts and webinars, visit JW.com/Fast. Follow Jackson Walker LLP on LinkedIn, Twitter, Facebook, and Instagram.

The music is by Eve Searls.

This podcast is made available by Jackson Walker for informational purposes only, does not constitute legal advice, and is not a substitute for legal advice from qualified counsel. Your use of this podcast does not create an attorney-client relationship between you and Jackson Walker. The facts and results of each case will vary, and no particular result can be guaranteed.

While many undergraduates across the U.S. aspire to have a career in the legal profession, the path to law school requires more than a good transcript and desire. Navigating the law school admission process, preparing for the LSAT, and handling the workload of law school classes can be daunting—especially for first-generation, low-income, and minority students. Designed to help members of underrepresented groups in the legal profession, the University of Houston Law Center's Pre-Law Pipeline Program provides crucial support, including LSAT training, introductory classes, internships, and professional development workshops, to help talented students become familiar with the processes of getting in and succeeding in law school.

UHLC Dean and Professor of Law Leonard Baynes, program mentor and Jackson Walker partner Luke Gilman, and student participant and JW summer intern Jordyn Simmons discuss the pipeline program's mission and the value of attracting diverse talent to law schools. As Dean Baynes puts it, the pipeline program is "diversifying the legal profession, one student at a time."

Jackson Walker is a proud supporter of the UHLC Pre-Law Pipeline Project. To explore the Firm's commitment to developing a pipeline of diverse talent through initiatives such as the UHLC program, visit JW.com/Diversity.

For additional JW Fast Take podcasts and webinars, visit JW.com/Fast. Follow Jackson Walker LLP on LinkedIn, Twitter, Facebook, and Instagram.

The music is by Eve Searls.

This podcast is made available by Jackson Walker for informational purposes only, does not constitute legal advice, and is not a substitute for legal advice from qualified counsel. Your use of this podcast does not create an attorney-client relationship between you and Jackson Walker. The facts and results of each case will vary, and no particular result can be guaranteed.

Many of us have a basic understanding of U.S. bankruptcy filings under chapters 7, 11, and 13, but we may not know very much about chapter 15. Jackson Walker Bankruptcy, Restructuring, & Recovery attorneys Kristhy Peguero and Jennifer Wertz discuss chapter 15's cross-border insolvency and its invocation of the jurisdiction of the U.S. bankruptcy court to assist in the administration of foreign insolvency and restructuring proceedings. With chapter 15 filings, you'll see novel orders between domestic and foreign courts in an attempt to create harmony for international debtors. Typically, this is to address issues related to property located inside the United States.

The issues of jurisdiction and venue are important within the context of chapter 15 filings. Where the debtor has a main interest, or comity, this is traditionally where the proceedings are held. However, it could also be where the debtor's headquarters is located. There are some interesting twists with how the debtor may be able to shift the comity in anticipation of a filing. Separate from jurisdiction, the debtor may also seek a venue recognition within the United States, depending upon their operations here. To make it even more interesting, the debtor may have their choice between several different venues within the United States. Texas bankruptcy courts, especially the Southern District of Texas, have become more popular recently with its connection to international commerce, technology advancements, sophistication, and consistency of judges.

For additional JW Fast Take podcasts and webinars, visit JW.com/Fast. Follow Jackson Walker LLP on LinkedIn, Twitter, Facebook, and Instagram.

The music is by Eve Searls.

This podcast is made available by Jackson Walker for informational purposes only, does not constitute legal advice, and is not a substitute for legal advice from qualified counsel. Your use of this podcast does not create an attorney-client relationship between you and Jackson Walker. The facts and results of each case will vary, and no particular result can be guaranteed.