NewsWire

New Law Limits Family Medical History Questions
Under a new federal law effective Dec. 7, health insurers can no longer request information on an individual's family medical history as part of the enrollment process. The Genetic Information Nondiscrimination Act, or GINA, imposes a host of new restrictions on the use of health risk assessments commonly used by insurance companies to underwrite group plans and target particular conditions. "The law is quite broad in its definitions," says Russell Gully in the Dallas office of Thompson & Knight. "When referring to family members the regulations are not just referring to those covered by the plan, but a wide range of individuals who may not even be full-blood relatives. These risk assessments can be used after enrollment, but any financial incentive or penalty to the employer or the individual is prohibited." To interview Mr. Gully, contact Barry Pound at 800-559-4534 or barry@androvett.com.

Off-The-Clock Work Opens Pandora's Box
In a tight economy, it may not be just retailers who view this Christmas as a make-or-break season. Many salespeople, especially those on commissions, are under intense pressure also. As a result, these workers may be more than willing to skip breaks and work late without being compensated for the extra hours. However, employment attorney Carrie Hoffman of Gardere Wynne Sewell LLP cautions that not keeping an eye on the payroll clock could cost everyone. "It's problematic enough if the employees do it on their own, but worse if it is encouraged," she says. "In a down economy, payroll budgets have been slashed, leaving managers in need of more man-hours than the budget allows. Forcing off-the-clock work is not the answer though. What you may save will come back to cost you in the long run." To interview Ms. Hoffman, contact Rhonda Reddick at 800-559-4534 or rhonda@androvett.com

Protections, Policies Lead to Drop In On-the-Job Violence
Despite the heavily publicized incidents of workplace homicide in recent months, such tragedies are actually on the decline according to federal statistics. "Employers have become increasingly focused on training to recognize and report the potential for violence, while also making investments in electronic security and other safeguards," says Dallas employment attorney Mark Shank of Gruber Hurst Johansen & Hail. While the weak economy has boosted financial anxieties and stress levels, workplace homicides last year were the lowest in 16 years of tracking by the U.S. Labor Department - half the rate seen in the early 1990s - and most did not involve current or former employees. "Reporting concerns about a co-worker typically don't lead to a firing, but rather to counseling and other support programs that companies and insurers have created." To interview Mr. Shank, contact Barry Pound at 800-559-4534 or barry@androvett.com.

Holiday Trips: Make Sure the Kids Are In Safety Seats
Dallas Attorney Angel Reyes of Reyes Bartolomei Browne says that, along with packing the luggage and other essentials into the car for that holiday journey, parents need to make sure they have the appropriate child safety or booster seats. "The seats should be as mobile as your kids. Make sure you move them into any car the children might use for travel," Reyes says. "If the kids are going somewhere with Grandma and Grandpa, it takes just a few minutes to move the seats to that car, and if the kids are a certain age, it's required." Reyes reminds parents that Texas law changed on Sept. 1, and now all children younger than 8 years old must be in child safety seats unless they are taller than 4 feet, 9 inches. To interview Mr. Reyes, contact Mark Annick at 800-559-4534 or mark@androvett.com.

Challenge of Jackson Estate's Executor Selection May Be Too Late
Joe Jackson's attempt to have the administrators of his son's will removed due to conflicts of interest is just the latest twist to the tangled mess that has followed Michael Jackson's death. But Steve Spitzer, head of the Probate Litigation Section at Cowles & Thompson, says the time to challenge the selection of an administrator is before the court appointment. "Prior to the executor being appointed, the claim that they are ‘unsuitable' can be made successfully for any number of reasons, but afterwards, it is very difficult to remove the executor," he says. Under Texas probate code, for example, proof of gross misconduct is among the only reasons a change would be made. "It comes down to the wishes of the deceased. If they knew of the conflict, there are no grounds for removal." To interview Mr. Spitzer, contact Rhonda Reddick at 800-559-4534 or rhonda@androvett.com.

Companies Begin Tapping Into Cuban Oil Reserves
A growing number of non-U.S. energy companies are making significant investments in Cuba, which may have more offshore oil and gas reserves than commonly believed. "The Cuban government has already awarded production-sharing contracts with foreign corporations representing more than $3 billion in capital investments, and more deals are likely," says Scott Schwind of the Houston office of Thompson & Knight. "Some sources estimate that Cuban deep waters may hold as much as 20 billion barrels of recoverable, high-quality oil. Success in developing these resources will depend on Cuba's ability to manage a number of significant challenges, such as legal and economic restrictions, technological deficiencies, environmental concerns and, perhaps most of all, the current U.S. trade embargo." To interview Mr. Schwind, contact Barry Pound at 800-559-4534 or barry@androvett.com.

Tax Tide Turning For Online Hotel Companies
A recent $20 million federal class-action verdict on behalf of 173 Texas cities that were owed hotel occupancy taxes from online travel companies has important tax revenue implications for cities and states across the country, says Steven Wolens of McKool Smith. Texas cities large and small successfully sued hotel retailers including Expedia Inc., Hotels.com, Priceline.com and Travelocity. "This entire industry has systematically withheld taxes for years, and not just in Texas," says Wolens, one of the lead trial attorneys in the case. Since the verdict, the state of Florida has filed similar litigation, while cities, states and counties across the country are considering such action. To interview Mr. Wolens, contact Robert Tharp at 800-559-4534 or robert@androvett.com.

The Lanier Law Firm Tackles Contingency-Fee IP Litigation
The Lanier Law Firm is steadily growing its Palo Alto, Calif., office based in part on a contingency-fee approach to intellectual property cases. Clients pay no fees up front, and the firm gets paid only when it wins. "Many small companies and independent inventors don't have the resources to protect their intellectual property," says Christopher Banys, Managing Attorney of the firm's recently renovated and expanded Palo Alto office. "However, they deserve the same vigorous protections as major corporations, and we're pleased to offer this alternative to our clients." The Lanier Law Firm is one of the few trial firms in the nation handling pure contingency-fee litigation. The firm assumes all expenses for experts and case preparation, allowing many patent owners and inventors to cost-effectively protect their intellectual property. To interview Mr. Banys, contact Alan Bentrup at 800-559-4534 or alan@androvett.com.

Association of Corporate Counsel Honors DFW Chapter
The Dallas-Fort Worth Chapter of the Association of Corporate Counsel recently earned the group's 2009 medium-sized Chapter of the Year honor. "This award is the culmination of years of focused leadership by the outstanding in-house counsel who volunteer to help make the Chapter one of ACC's finest," says Immediate Past President Marcia Stuart Ceplecha of Lockheed Martin Aeronautics Company. Current President Todd Martin of Bank of America adds, "We look forward to achieving even higher levels in serving the community as the face and advocate of in-house counsel." The award recognized the Chapter's networking opportunities, continuing legal education programs and member services. The DFW Chapter has more than 600 members representing more than 255 companies. For information, contact Alan Bentrup at 800-559-4534 or alan@androvett.com.