The Texas Supreme Court issued an opinion in Rodriguez v. Safeco Ins. Co. of Ind. addressing the certified question from the U.S. Court of Appeals for the Fifth Circuit: In an action under Chapter 542A of the Texas Prompt Payment of Claims Act, does an insurer’s payment of the full appraisal award plus any possible statutory interest preclude recovery of attorney’s fees? The Court ruled in the affirmative, barring recovery of attorney’s fees in Chapter 542A suits where the carrier has paid the appraisal award and any possible interest. In the following analysis, I review the fee ..read more

28 U.S.C. § 1782 (Section 1782) permits production of documents and testimony in the United States for use in foreign litigation. Once granted, Section 1782 subpoenas have the full scope and authority of domestic discovery, providing a powerful tool in foreign litigation. While the statute is seemingly straightforward, navigating the legal landscape of Section 1782 can be challenging. Recent decisions denying Section 1782 applications show the pitfalls applicants often get tripped up on. This article lays out legal hurdles and how to overcome them. The Statute Explained Section 1782 is a ..read more

Meister Seelig & Fein’s Matrimonial Team: The Big Picture of Family Law By Caitlin Keniston Some legal disciplines are by nature quite focused. Day in and day out, the lawyer provides the same services over and over with little variation. On the opposite end of the spectrum are practices like family law where the lawyer must serve as a maestro in a full orchestra of overlapping legal problems – family law, real estate, estate planning, commercial and corporate, tax, criminal and more. In this practice, not only must the lawyer have insight into a variety of areas, but collab ..read more

Whether mandated by legislation or as a result of market pressure, minimum wage increases are a reality that many businesses must contend with to remain legally compliant and competitive. While the federal minimum wage has gone unchanged since reaching $7.25 in 2009, state, city and county minimum wages increase more frequently, with 22 states effecting minimum wage increases in 2024. With the presidential election on the horizon, the stagnant federal minimum wage has once again been brought to the minds of minimum wage workers and businesses alike, with revivals of movements such as “The Figh ..read more

In a recent courtroom showdown that could rival the plot twists of a legal thriller, the Los Angeles County Superior Court sent shockwaves through the legal community by disregarding a cornerstone of democracy: attorney-client privilege. Just a few weeks ago, an LA judge made an unprecedented demand, requiring an attorney to share confidential emails exchanged with their investigator. This move stripped away the protective cloak of secrecy and strategic planning that typically shields legal maneuvers and evidence. And the case? A personal injury lawsuit. Just one in a flood of cases inundating ..read more

Attorney at Law Magazine sat down with Injury RX Founder Dave Francolini to discuss the solution he has created for personal injury clients and law firms. Through Injury RX, patients can receive immediate telemedicine care as well as pharmacy solution, bridging the treatment gap and helping to support their injury claim.  AALM: What first interested you in the medical field? How did that bring you to the intersection of medical and legal? DF: Over the years I’ve developed many companies in the healthcare sector. Different healthcare software solutions, a national telemedicine network, and ..read more

The Corporate Transparency Act (CTA), which went into effect January 1, 2024, represents a significant shift in the regulatory landscape for small businesses – including law firms – in the United States. Enacted as part of the National Defense Authorization Act for Fiscal Year 2021, the CTA mandates the reporting of beneficial ownership information to the Financial Crimes Enforcement Network (FinCEN), in an effort to make it more difficult for individuals to use complex corporate structures to facilitate illegal activities, evade taxes, or launder money. The days of anonymity benefits of incor ..read more

Despite the low unemployment rate of 3.8%, millions of American workers are still unemployed and attempting to navigate their state’s unemployment system. In the majority of U.S. jurisdictions, there is a waiting period of one week between the time you file for unemployment and the time you can collect any money. Despite the waiting period, it is best to contact the nearest unemployment office as soon as you lose your job to prevent any delays in claiming benefits. By acting quickly, you can provide all the required information, complete the needed paperwork, and confirm that the agency r ..read more

The word transparency gets tossed around often when it comes to what employees want more of from management. In law firms, associates often feel they are left in the dark only to hear about decisions well after the fact or processes long after they have missed an opportunity. This isn’t a new issue, but with recent layoffs in numerous firms, associates are questioning more than ever what they are being told. Our 2023 Law Firm Culture Survey proved the importance of this as respondents ranked transparency, or the lack of it, in compensation and important decisions as second place among traits t ..read more

As a seasoned attorney with over two decades of experience litigating accident cases, I approach the rapid emergence of autonomous vehicles driving on our public roads with measured skepticism. The premature rollout of immature technology which lacks rigorous safeguards poses deeply concerning and unanswered liability questions. Despite evident technological advancements with self-driving cars, otherwise called autonomous vehicles, the current state of self-driving technology has not yet instilled the confidence needed for me to entrust my own personal safety entirely to a driverless car. I ma ..read more