FMLA Fraud and Abuse

The Family and Medical Leave Act (FMLA) provides a great benefit to employees.  It allows qualified employees to take up to twelve weeks off of work unpaid to care for the employee or a family member suffering from a serious health condition. Some employees who suffer from medical conditions that arise without notice and sporadically […]

Johnston Tobey Baruch Attorneys Earn 2019 Texas Super Lawyers Honors: Chad Baruch among Top 100 Lawyers in Texas & Dallas area

All five shareholders in the trial and appellate firm Johnston Tobey Baruch were selected to the 2019 Texas Super Lawyers list, with firm shareholder Chad Baruch earning honors as one of the Top 100 lawyers in Texas and in Dallas-Fort Worth. A recognized constitutional scholar Mr. Baruch was selected for his appellate work. The firm’s […]

TranscriptPad: A Tool Every Trial Lawyer Needs

TranscriptPad is an iPad App developed by Lit Software. It is an application developed specifically for lawyers to review transcripts. Overall, TranscriptPad is a well designed and affordable tool that every trial lawyer should have in his or her arsenal. First review value – All civil trial lawyers review transcripts. Often, transcripts are first reviewed […]

All Attorneys With Johnston Tobey Baruch Named to Best Lawyers in America

All five shareholders in the trial and appellate firm Johnston Tobey Baruch are recognized in the 2020 edition of The Best Lawyers in America, and three earned the distinction of being selected Lawyers of the Year for Dallas-Fort Worth. Firm managing shareholder Randy Johnston’s work with plaintiffs in professional malpractice solidified his selection as Lawyer […]

4 Tips To Avoid Malpractice For The Estate Planner

Estate Planning should documented down to the last detail. With these simple steps below, you can help prevent a future case for malpractice. Make sure the scope of the representation is clean, clear, and correct. All too often lawyers are less than precise with the language used to define the scope of the representation. Many […]

New Relief for Tax Fraud Whistleblowers

  Sometimes employees get gifts from the most surprising sources.  Here, it is President Trump and Congress. On July 1, 2019, President Trump signed the Taxpayer First Act into law. With this, Congress added protection for employees who blow the whistle on tax fraud similar to the whistleblower protections in the Sarbanes-Oxley Act and False […]

Rohrmoos Requires Proof of Reasonableness in Sanctions Awards

In my last blog, I discussed the Texas Supreme Court’s decision in Rohrmoos Venture, et. al. v. UTSW DVA Healthcare, LLP clarifying the proper method for proving up attorney’s fees under the lodestar method using the eight factors from Arthur Andersen v. Perry Equipment Corporation, 945 S.W. 2d 812 (Tex. 1997) to calculate the base […]

Be A SEAL

I recently prepared a presentation for a group of lawyers on a case I had concluded representing a retired Navy SEAL, and—was trying to think of what value it might have to them other than just hearing a war story. I came up with two objectives for myself. First: My wish for them—and for every […]

Lawyers Beware: When Your Contract Finding May Bar Your Quantum Meruit Recovery

Lawyers frequently plead and litigate breach-of-contract cases on alternate claims for breach and for quantum meruit. Often, they submit questions on both claims to the jury. And there may be good reasons to do so. But lawyers (and their clients) should be mindful of the circumstances under which the jury’s findings on the contract claim […]