Dallas Austin

On January 3, 2022, after seven days of deliberation, a California jury found Elizabeth Holmes guilty of 4 of 11 counts related to her industry-disrupting blood testing technology and her company, Theranos.  The jury found her not guilty for defrauding patients, but guilty of more than half of the counts relating to defrauding investors.  Holmes is now subject to a sentence of up to 20 years in federal prison and a sizable fine. As a quick recap, Holmes started Theranos when she was 19 years old, after dropping out of Stanford. Her stated goal was to disrupt the conventional blood testing in

Between November 30, 2021 and December 22, 2021, four federal courts enjoined President Biden’s order that would have required federal contractors to have all their employees vaccinated against COVID-19.  One of the injunctions, issued by a Georgia federal court, applies to all 50 states, including Texas.  While further appeals are likely, for the time being, the vaccination requirement is not enforceable. The Seminal Questions The federal courts that have addressed the vaccine mandate have grappled with three very thorny questions: Did President Biden have the authority to issue the ma

Separate and aside from the legal travails of the vaccine mandate for federal contractors, the vaccine mandate for employers with 100 or more employees has been subject to numerous legal challenges, too.  For the time being, the vaccine mandate is in effect, though the US Supreme Court is scheduled to hear arguments later this month on its enforceability and constitutionality. At President Biden’s request, in November 2021, the Department of Labor’s Occupational Safety and Health Administration (OSHA) issued Emergency Temporary Standards (ETS), requiring employers with 100 or more employe

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

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

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

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