Planning Ahead – Four Essential Documents in Estate Planning

Planning Ahead – Four Essential Documents in Estate Planning

Planning Ahead – Four Essential Documents in Estate Planning Planning ahead is an essential part of life. Although death and incapacity are certainly not topics we like to contemplate, it is important for family and friends to know our wishes upon the occurrence of these events. In order to prevent potential problems and ensure that…

Texas Supreme Court Summary: “Fraudulent Inducement to a Contract” Examined

Texas Supreme Court Summary: "Fraudulent Inducement to a Contract" Examined

While contracting parties typically envision that their agreement will proceed smoothly, allegations of fraudulent inducement can arise when a party believes they were intentionally misled by the other party to the contract. The elements of a claim for fraudulent inducement to a contract are: (1) a material misrepresentation, (2) made with knowledge of its falsity…

Follow up on Successor Liability under the Texas Tax Code – An Important Consideration in the Sale of a Business

Follow up on Successor Liability under the Texas Tax Code – An Important Consideration in the Sale of a Business

As a follow up to my blog on successor liability, there are further considerations regarding what a “successor” entails. For quick context, my previous blog on successor liability discussed § 111.020 of the Texas Tax Code (“Tax Code”), explaining that when a buyer purchases a business or stock of goods, any pending tax obligations of…

Tips to Keep in Mind When Considering a Non-Competition Covenant

Tips to Keep in Mind When Considering a Non-Competition Covenant

Many employment and service contracts contain covenants not to compete so that businesses can have some assurance that their valuable employees or contractors, upon separation, do not dilute the businesses’ marketability in their established area. However, noncompetition language is not enforceable simply by virtue of being in a contract. It must follow applicable laws to…

What is the Unauthorized Practice of Law

What is the Unauthorized Practice of Law

What is the Unauthorized Practice of Law? Texas’ statutes prohibit people from “practicing law” when unauthorized and even provide penalties for doing so. But what does it mean to violate these statutes and possibly open oneself up to legal penalties for such conduct? Texas Government Code Section 81.101 This statute reads in part: (a)  In…

Hector De Leon Featured in Texas Monthly!

Hector De Leon Featured in Texas Monthly!

We are excited to see Hector De Leon, our founder and chairman of the board, featured in the Texas Monthly December 2018 Power Issue for his contributions as co-chair of the Associated Republicans of Texas. Read more about Hector’s efforts at the link below. Here is an excerpt: When Senator John Tower started the Associated Republicans of Texas,…

What Qualifies as a “Rule” Under Texas Administrative Law?

What Qualifies as a “Rule” Under Texas Administrative Law?

Texas state agencies have a great deal of authority over governmental executive and licensing decisions across the state, including such ubiquitous activities as the issuance of drivers licenses and the regulation of multiple licensed professionals, such as doctors, attorneys, nurses, hairdressers, insurance agents, electricians, and plumbers. How are state agencies defined? Texas Government Code Section…

The Importance of Owner’s Title Insurance

The Importance of Owner's Title Insurance

Owner’s Title Insurance (Form T-1 for commercial property and undeveloped land; Form T-1R for most residential property) is the most essential aspect of real estate ownership; it protects owners against loss due to title defects (see “Covered Risks” in paragraph immediately below), liens, claims of ownership by other parties, and losses from problems that arose…

Regulations D—Highlighting Differences between Rules 506(b) and 506(c)

Regulations D—Highlighting Differences between Rules 506(b) and 506(c)

One highly utilized exemption under the SEC is Regulation D. This blog addresses two aspects of Regulation D: Rules 506(b) and 506(c), both of which provide a federal preemption from state registration of the security and have no offering cap. Rule 506(b) of Regulation D Looking first at Rule 506(b) (“506(b)”), this exemption creates limitations…