Dallas Gerstle Snelson, LLP Austin

selective focus photo of paycheck protection program borrower application form revised, on a background of United States flag. paycheck protection program new round.

PPP Fraud

Widespread scrutiny of the Paycheck Protection Program (PPP) has prompted a flood of PPP loan fraud investigations by the US Department of Justice (DOJ) in coordination with a number of other federal investigative agencies, such as the IRS and FBI. At the same time, the U.S. Small Business Administration (SBA) has announced that borrowers who received $2 million or more in PPP funds will automatically be subject to an audit, as will some borrowers who received smaller loans, as part of an ongoing effort to identify any potential abuses of the federal loan program. If you are a small business o
Hot Strawberry Toaster Pastry

Not Enough Strawberry! Lawsuits Filed Over the Lack of Strawberries in Pop-Tarts

We have all been there. You take a bite of your favorite pastry and think to yourself, “this needs more filling” or “this really does not taste like it should.” Well, at least two people went to enjoy their strawberry Pop Tarts and decided enough was enough. In August, an Illinois consumer, Ms. Anita Harris, filed a class action lawsuit in federal court styled Harris v. Kellogg Sales Co. regarding her “Frosted Strawberry” Pop-Tart. More recently, a New York consumer, Ms. Elizabeth Russett, filed a class action lawsuit in federal court styled Russett v. Kellogg Sales Co. regarding h
Night view from a bridge in Sao Paulo downtown

Texas’ Share of the 2021 Federal Infrastructure Act

On November 15, 2021, President Joe Biden signed into law the infrastructure Investment and Jobs Act. The Act will provide approximately $1.2 trillion of funding for infrastructure projects across the country with the goal of modernizing the country’s outdated transportation, utilities, and broadband systems. The funding is expected to be disbursed over a five-year period, with the majority after 2022. The Act allocates the following amounts for infrastructure projects, with infrastructure defined loosely to capture more than the typical road and bridge projects. Roads, bridges, major pro
Businessman and lawyer discuss the contract document. Treaty of the law. Sign a contract business.

Mediating Under the Influence: Meigs v. Zucker

What happens when the scotch is poured before the mediated settlement agreement is signed? Apparently, nothing good. Our story begins with Asyntria, a for-profit company that provides training and accreditation to pharmacy technicians.  Asyntria was founded and owned by Wendy Meigs, her then-husband, Jody Meigs, and Michael Johnston.  Management disputes arose between the three, and martial problems arose between Wendy and Jody. Wendy filed a petition for divorce against Jody. In her petition, Wendy asserted shareholder oppression claims against Jody and Michael, alleging the two had conspir
Mature man taking a vaccine from his doctor

Osha Vaccine Mandate for Employers With More Than 100 Employees

On November 5, 2021, the Department of Labor’s Occupational Safety and Health Administration (OSHA) issued Emergency Temporary Standards (ETS) mandating that employers with 100 or more employees ensure each of their workers is fully vaccinated or tests for COVID-19 on at least a weekly basis (every 7 days). The ETS requires compliance by January 4, 2022 with important disclosures required in early December 2021.  Notably, the United States Court of Appeals for the Fifth Circuit issued an order over the weekend staying the ETS until further briefing is submitted and arguments heard. The ETS
Getting plugged in

3D Printing in Construction has Come to Austin

In a decade, 3D printing has already innovated several industries, from medical implants to engineering, to aviation. The technology is achieving the unthinkable in construction such as 3D printing a house in under 24 hours. In Austin, two 3D-printed homes at the East 17th Street Residences development were sold in March and the two others in the development are on the market. The 3D industry is projected to grow to over a $30 billion annually by 2024, with much of that boom projected to be in construction.  While much of the past growth of 3D printing has not been in large commercial const
Texas State Capitol Building Cowyboy Austin Texas

Voting on Eight Amendments to the Texas Constitution

Texans are scheduled to vote on November 2, 2021 on whether to pass or reject 8 proposed amendments to the Texas Constitution. The Texas Constitution was originally drafted in 1876 and has been amended 507 times over the years.  During this past 2021 Legislative session, 218 constitutional amendments were proposed of which 8 obtained the necessary support to be placed on the November 2nd ballot for public voting.  To be placed on the ballot, each proposed amendment was required to secure the approval of two-thirds of both the Texas House and Texas Senate. To become amendments to the Texas Co