On January 11, 2002, President Bush signed the “Small Business Liability Relief and Brownfields Revitalization Act” (the “Act”). As its name suggests, the Act provides relief to small businesses and funding for Brownfields (“real property, the expansion, re-development, or re-use of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant”) ...
On January 9, 2002, in Chao v. Mallard Bay Drilling, Inc., the United States Supreme Court concluded that the Occupational Safety and Health Administration's ("OSHA") authority to maintain workplace safety for "uninspected" vessels (such as offshore drilling rigs) is not pre-empted by the Coast Guard's power to control maritime operations ...
Scope of Article Declaratory judgment and interpleader actions can be very useful in insurance disputes. Declaratory judgment may be used to resolve issues such as whether a policy was validly issued or otherwise is in effect, the meaning of policy provisions, and the duties of the parties under the policy. See generally Long, Rowland H., The Law of Liability Insurance, Vol. 3, Matthew Bender 1993 ...
TABLE OF CONTENTS I. The Basic Anatomy of an Insurance Policy A. The Declarations Page B. The Insuring Agreement 1. Duty to Defend 2. Duty to Indemnify C. Definitions D. Exclusions E. Conditions F. Endorsements II. The Difference between First Party and Third Party Coverage III. Duties of the Policyholder A. Duty to Provide Notice 1. Occurrence Policies 2. “Claims Made” and “Claims Made and Reported” Policies B ...
If you are a building owner planning any renovation or demolition, under a new Texas law, you must demonstrate that you have an asbestos survey before your city will issue a building permit for the project. Asbestos surveys by licensed asbestos inspectors have been a requirement for public buildings for some time; the new statute is intended to publicize and enforce that requirement. Each city has its own requirements for what must be shown to get a permit ...
Introduction Today--more than ever--corporate management is under attack. In the wake of the Enron debacle, corporate decisions are more carefully scrutinized, and the conduct of the company’s directors and officers are now constantly under the watchful eyes of investors, creditors, and government regulators ...
1. APPLICATIONS FOR THE MACT HAMMER PERMIT DUE MAY 15, 2002 Section 112(j) of the federal Clean Air Act requires that major sources of hazardous air pollutants (HAP) submit an application for a Title V Operating Permit Revision if the source is a member of a source category for which the federal Environmental Protection Agency (EPA) has not adopted a Maximum Achievable Control Technology (MACT) standard within 18 months after the deadline for development of that standard ...
State Bar of Texas Insurance Law Section Annual CLE Program Introduction For the last several years, a dark cloud has hung over Texas policyholders seeking coverage for claims made against them for negligence but arising from the intentional conduct of others. Perhaps no other group has endured this storm more than employers who by their “deep pocket” status have routinely been hailed into court for the intentional acts of those they employ ...
Dallas Bar Association Franchise and Distribution Law Section A publication and corresponding Powerpoint presentation covering the following: The Franchisor-Franchisee Relationship Shifts Certain Liability Risks from the Franchisor to the Franchisee Insurance Is Typically A Contractually-Negotiated Element of the Franchisor-Franchisee Relationship The Difference between First Party and Third Party Coverage The Basic Anatomy of an Insurance Policy What You Should Know About Comm
North Texas Global Telecommunications Society Fourth Annual Latin American Telecommunications Conference A Powerpoint presentation covering the following: Overview Chronology No General Rules (Reglamento) Issued, Only Rules for Specific Services Sector Statistics Recent Legal Developments E-Mexico Basics of Regulatory System Comparison of Current Mexican Telecommunications Law with Draft Bill Concessions Same Basic Regulation in Current Law and Draft
Dallas Bar Association Tort and Insurance Practice Section Today-more than ever-corporate management is under attack. In the wake of the Enron debacle, corporate decisions are more carefully scrutinized, and the conduct of the company’s directors and officers are now constantly under the watchful eyes of investors, creditors, and government regulators ...
The Entrepreneurship Institute President's Forum This term sheet provides an example of a typical "Angel" round investment in preferred stock. It is not intended as specific legal advice or a final legal document and is provided for general educational purposes only ...
In our October 22, 2002 Alert, we discussed the importance of the new compliance history rules of the Texas Commission on Environmental Quality (“TCEQ”). Basically, a company’s compliance history will affect permitting, availability of innovative programs, and enforcement, including unannounced inspections. Be alert that the TCEQ compliance history rules ignore traditional distinctions between mergers and assets acquisitions involving successor liability ...
In our October 22, 2002 Alert, we discussed the importance of the new compliance history rules of the Texas Commission on Environmental Quality (“TCEQ”). Basically, a company’s compliance history will affect permitting, availability of innovative programs, and enforcement, including unannounced inspections. Be alert that the TCEQ compliance history rules ignore traditional distinctions between mergers and assets acquisitions involving successor liability ...
"This [provision of the Sarbanes Oxley Act] is about making sure those lawyers. . . don’t violate the law and, in fact, more importantly, ensure that the law is being followed." -- Senator John Edwards, July 10, 2002 On November 21, 2002, the SEC proposed a new Rule 205 entitled “Standards of Professional Conduct for Attorneys Appearing and Practicing Before the Commission in the Representation of an Issuer” (the “Standards”) ...
Today – more than ever – corporate management is under attack. In the wake of the Enron debacle, corporate decisions are more carefully scrutinized, and the conduct of the company’s directors and officers are now constantly under the watchful eyes of investors, creditors, and government regulators ...
SEC Adopts New Rules Governing Disclosure of Non-GAAP Financial Measures and Amendments to Form 8-K Relating to Earnings Releases and Other Financial Disclosures
The U.S. Environmental Protection Agency and the Corps of Engineers recently issued an Advance Notice of Proposed Rulemaking regarding the definition of “waters of the United States,” which was published in the Federal Register on January 15, 2003. EPA and the Corps will be accepting comments that the agencies will use in developing rules clarifying what waters are subject to regulation under the Clean Water Act ...
The U.S. Environmental Protection Agency (“EPA”) recently issued a proposed rule and a notice of future of rulemaking under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) regarding standards for “all appropriate inquiry,” which are important to a variety of businesses, especially those engaged in real estate transactions ...
We have identified various venture capital deal terms which have become more onerous as a result of the current state of the venture capital and technology industry. Understanding the impact of those terms is important to angels in structuring their initial investment as well as situations where they have made an investment and then solicit subsequent professional venture capital funding for the portfolio company ...
Capital Committed to VC Funds in the US ($) and Return Importance of Angel Investors • 80% of recent Inc. 500 bootstrapped initial capital using non-traditional source of funding1 • 5% raised initial capital from venture capital1 • 1996 - $30 billion angel funding $10 billion venture capital2 1. Angel Profile • Do’s for Entrepreneurs ...
As seen in the Houston Business Journal
Project financing in emerging markets has been in use for some time, primarily for financing large new projects without any prior track record or operating history — greenfield projects. Emerging markets are in instant need of project financing as an effective instrument for economic investments. It facilitates attracting new investments by structuring the financing around the project's own operating cash flow and assets, without the additional guarantees of sponsors ...
Chemical manufacturers, processors, and distributors, petroleum refiners and distributors, and other manufacturers are potentially affected by a “policy clarification and reporting guidance” issued by the United States Environmental Protection Agency (EPA) on June 3rd, 2003, relating to § 8(e) of the Toxic Substances Control Act (TSCA) ...
Related Practice Groups Environmental During the 78th Legislative Session, the Texas Legislature passed a massive tort reform bill, H.B. 4, that will result in sweeping changes not only to tort cases but also to litigation generally. Several changes critically impact environmental cases. The purpose of this memorandum is to alert you to some of these changes ...
