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COVID-19 – Practical Business Tips

This summary provides an overview of some novel business issues our clients are experiencing amidst the Coronavirus (COVID-19) pandemic. The following information is for illustration purposes and not legal advice. If you need more specific guidance on one of the issues discussed in this presentation, please do not hesitate to contact us.

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Corona Virus – Interim Guidance for Businesses and Employers

Plan, Prepare and Respond to Coronavirus Disease 2019 Older adults and people who have severe underlying chronic medical conditions like heart or lung disease or diabetes seem to be at higher risk for developing more serious complications from COVID-19 illness. Find more information here. This interim guidance is based on what is currently known about the coronavirus disease 2019 (COVID-19). The Centers for Disease Control and Prevention (CDC) will update this interim guidance as needed and as additional information becomes available.

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Anadarko Change of Control Separation Benefits Representation

The Anadarko Change of Control has left many of its legacy employees questioning next steps. Many of these employees have found the transition to Occidental to be bumpy—having had their positions reduced and their duties transferred away. Many of these employees want to know their options and determine their eligibility for Change of Control Separation Benefits so that they can terminate employment and move forward. Alison Wills can assist with this transition. Alison is familiar with this Change of Control and how it impacts legacy Anadarko employees. If you need a thorough review of Change of Control documents, an analysis of your eligibility for Good Reason termination and entitlement to Separation Benefits, and representation in releasing claims, please contact Alison at or by telephone at (832) 764-7203.

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Advantages and Disadvantages to CMBS Loans: Best Tips for Negotiating a CMBS Loan.

While a bank loan and a commercial mortgage backed security (CMBS) loan are similar in many ways, they are not created equal and come with some disadvantage to the Borrower. Traditionally, the CMBS loans have enticed commercial real estate borrowers by offering lower interest rates (not always the case), higher loan-to-value (LTV) ratios, and a seemingly endless availability of capital. If you are contemplating a CMBS loan, you should be aware of the disadvantages and some ways that you can mitigate those disadvantages.

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Recent Federal Tort Claims Act (FTCA) Victory

Leger Ketchum & Cohoon’s litigation group successfully prosecuted a Federal Torts Claims Act (“FTCA”) case against the United States of America. Attorneys J. Patrick Cohoon and Alison R. Wills represented F.E.I. Company in the United States District Court for the Middle District of Pennsylvania before the Honorable Yvette Kane. F.E.I. owned and operated a cold storage warehouse and stored amenable meat and poultry products for its customers’ supply chain needs. The United States Department of Agriculture (“USDA”), as part of its regulatory powers, detained products in F.E.I.’s warehouse. Leger Ketchum & Cohoon established that the USDA was negligent in failing to remove the detention order in a timely manner and in violation of the USDA’s own policies and regulations. As a result of this unlawful extended detention period, F.E.I suffered harm, for which it was compensated. FTCA claims are complicated legal matters that require careful exhaustion of administrative remedies and litigation in federal courts. Contact Leger Ketchum & Cohoon to discuss your litigation needs and strategies.

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Recent Appellate Victory

Patrick Cohoon with Leger Ketchum & Cohoon recently secured a Firm client’s trial court victory in an appeal made to Texas’ Fifth Court of Appeals in Dallas. In the underlying suit, the client’s principal was personally targeted for liability under commercial leases. Mr. Cohoon obtained dismissal of the suit in Travis County’s 201st District Court based on special appearance. Plaintiff appealed based on an undisclosed-principal theory. After briefing and oral arguments, the court agreed with the Firm’s client and upheld the trial court’s dismissal with prejudice.

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Self-Storage Market Saturation?

There has been a lot of buzz about the self-storage market in the U.S., but you have to ask yourself when will the market be saturated? Only 8% of the U.S. population use self-storage and that is expected to conservatively grow to 9%. I have watched 3 new properties be built close to my home and it was amazing to see them go up so quickly and I often wonder how quickly they fill up.

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3M Combat Earplugs Caused Hearing Injuries

In July of 2018, the United States Department of Justice announced that 3M had agreed to pay $9.1 million in order to resolve allegations that they knowingly sold the Dual-Ended Combat Arms™ Earplugs, Version 2 to the U.S. military without disclosing defects that hampered the effectiveness of the hearing protection device. The ear plugs were originally manufactured by Aearo Technologies, which was acquired by 3M in 2008.

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Texas Rising Stars 2019: Alison R. Wills

We are pleased to announce that Alison R. Wills has been selected as a 2019 Texas Rising Star. Membership to this list is reserved for those who are under 40 years of age or have been practicing for 10 years or less, and who exhibit excellence in their work. Only 2.5% of attorneys in Texas receive this distinction. Alison and Leger Ketchum & Cohoon, PLLC are excited to continue providing our clients top-notch legal representation for all of their labor and employment needs. Please contact attorney Alison Wills at for a free, confidential case evaluation.

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