Updates and commentary on legal issues that are important to us and our clients.
If a party wants to challenge the final administrative decision of a state agency, they may have the ability to appeal that decision to a district court (typically in Travis County, then the Third Court of Appeals, then the Supreme Court). For any appeal to be successful, there must be a basis for overturning or…
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…
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…
Among the many considerations one should have in the sale of a business are the liabilities that can result subsequent to the sale. Both buyers and sellers should be aware of the tax obligations for the business. This blog specifically addresses the statute pertaining to successor liability under the Texas Tax Code (the “Tax Code”)…
In the devastating aftermath of Hurricane Harvey, many families have to rebuild or repair the damage to their homes. Consumers and general contractors should be aware of the laws that are set out to protect consumers amidst their recovery. While rebuilding or repairing this damage is an arduous process, the Texas Legislature has created standards…
House Bill 1774 (“H.B. 1774”)—passed this year by the 85th Texas Legislature—went into effect on September 1, 2017. Consumers and insurance companies should be aware that this new law only changes the rules surrounding a lawsuit against an insurance company; it does not affect the claims process for consumers filing an insurance claim in the…
Negligent misrepresentation is an interesting cause of action that allows third parties to sue professionals outside privity of contract. Privity of contract exists between the actual parties to a transaction. While the law requires that parties have privity of contract for liability to be possible under claims like breach of contract, contractual privity is not…
While we all hope that in the process of buying or selling a home no problems arise, issues may often come up subsequent to a sale. It is important for the seller to understand the liability he or she faces, and the same time, it is important for the buyer to be aware of how…
Believe it or not, general contractors are not licensed or regulated in the State of Texas. That’s right: while HVAC technicians, electricians and plumbers are required to maintain licenses, home builders and general contractors are not. Individuals’ most prized possessions are usually their homes, where they raise their families and feel a sense of security…
In the world of health insurance regulation, there is a wide array of document requirements and mandated disclosures. Among these requirements is a written instrument governing the operation of an ERISA plan (known as the “Plan Document”) as well as a Summary Plan Description (“SPD”) summarizing what the ERISA plan entails. The Plan Document and…