NewsWire

Corporate America Can’t Afford to be Lactating Intolerant
It turns out that some of the more successful women in America aren’t covered by a new portion of the Fair Labor Standards Act mandating that companies provide time and space for nursing moms to express breast milk at work. And Audrey Mross, who heads the Labor and Employment practice at Dallas’ Munck Carter, wonders if that’s a good idea. The new rules apply to non-exempt employees only, meaning executive and professional women may be on their own, unless mandated state law covers them. “No matter the law, companies need to ask themselves whether they really want to risk angering some of the more powerful, successful women in the building,” Mross says. “I don’t know if that’s a policy they want to follow.” For more information, contact Mark Annick at 800-559-4534 or mark@androvett.com.

Feds Eyeing Potential Fraud in BP Oil Disaster Aid
The Department of Justice and local U.S. Attorneys have promised to “closely monitor” compensation distributed from a $20 billion fund established by BP to pay victims of the Gulf disaster. Houston criminal defense attorney Dan Cogdell, who represented people accused of defrauding FEMA after Gulf Coast hurricanes, says the way prosecutors vigorously pursued the storm cases provides a blueprint for what could happen next. “Federal prosecutors filed charges over even a few thousand dollars thought to have been grabbed improperly,” says Cogdell of Cogdell & Ardoin. “Victims who feel massively wronged by what happened need to be careful to document everything in support of their claims, and not let the injustice of the situation lead them to bend rules and potentially wind up facing criminal charges.” For more information, contact Mary Flood at 800-559-4534 or mary@androvett.com.

Arcane Maritime Laws Compounding Injury for Offshore Victims
In the wake of the Deepwater Horizon disaster, the often arcane and outdated area of maritime law is under new scrutiny, says maritime attorney Kurt Arnold of Houston’s Arnold & Itkin LLP. “Lost amidst the discussion of gushing oil and economic damages is the fact that workers who are killed on offshore rigs don’t have the same legal rights as someone killed on land,” says Arnold, who represents several workers injured or killed in the Deepwater Horizon explosion. “The SPILL Act and the Fairness in Admiralty and Maritime Law Act would provide a more level playing field, and would go a long way in securing the safety of maritime workers across the country.” For more information, contact Alan Bentrup at 800-559-4534 or alan@androvett.com.

Financial Reform Brings Big Bounties for Whistleblowers
Under the new financial reform package, whistleblowers can reap potentially huge cash rewards for reporting violations to the federal government, creating what one prominent white-collar crime attorney calls “the wrong kind of incentive.” The law allows the SEC to pay cash rewards of between 10 and 30 percent of any monetary sanctions of more than $1 million recovered by government prosecutors. “We've preached to companies that it’s critical to have a strong, proactive compliance program with anti-bribery policies at all levels and real-time methods for employees to report suspected violations,” says Vivienne Schiffer of the Houston office of Thompson & Knight. “But this changes the landscape dramatically. Unfortunately, instead of employees working with the company to improve anti-corruption standards, I can see employees looking the other way until they find just the right economic advantage for themselves.” For more information, contact Bruce Vincent at 800-559-4534 or bruce@androvett.com.

Financial Overhaul May Signal Slump for Arbitrations
Arbitration may soon be something you see less frequently in disputes involving securities firms and their investor-clients -- which may be a good thing, says attorney Mike Richardson of Rose Walker in Dallas. A portion of the financial regulation overhaul package recently signed into law authorizes the SEC to modify rules on how securities firms use mandatory arbitration agreements, meaning more disputes could find their way into court. “No matter what kind of litigation, the problem with arbitration is that too often you end up with a ‘split the baby’ solution, where the arbitrator decides not to decide, and instead gives each side a bit of what they want,” Richardson says. “If the lawyers do their jobs, you shouldn’t worry about putting your case in front of a jury.” For more information, contact Mark Annick at 800-559-4534 or mark@androvett.com.

Another City Victory in Battle Over Hotel Occupancy Taxes
The latest battle in the nationwide litigation between U.S. cities and online travel companies has ended with a $21.2 million win for the City of San Diego. Attorneys from the Dallas office of McKool Smith represented San Diego in an administrative hearing and showed how the online travel companies failed to remit appropriate hotel occupancy taxes after buying rooms at wholesale prices. The team representing San Diego was led by McKool Smith’s Gary Cruciani, who also helped the City of Anaheim win a $21 million hotel tax award last year before securing a $20 million federal verdict for the City of San Antonio. For more information, contact Bruce Vincent at 800-559-4534 or bruce@androvett.com.

Legal Journalist Mary Flood Joins Androvett Legal Media & Marketing
Androvett Legal Media & Marketing is expanding the firm’s Houston operations with the addition of award-winning legal journalist and attorney Mary Flood. She joins the firm after more than 13 years working as a legal journalist for the Houston Chronicle and The Wall Street Journal. A graduate of Harvard Law School, Flood formerly practiced with the national law firm of Morrison Foerster. “As a reporter and a lawyer, I’ve seen the two worlds misunderstand each other, usually to the detriment of both,” she says. “I’ve watched the Androvett firm with admiration for years, and they understand the needs on both sides of the reporter-attorney equation. This is a team I’m proud to join.” For more information, contact Mike Androvett at 800-559-4534 or mike@androvett.com.