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Signed, Sealed and Delivered – Documents in the Information Age

The world has been immersed in the Information Age (a/k/a the Digital Age) for decades now.  By way of example, the Texas Uniform Electronic Transactions Act governing electronic contracts passed legislation in 2001 (effective 2002) and received little attention at the time.  The purpose of such legislation was to encourage and facilitate commerce by validating Read More

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Probate: 5 Tools for Avoiding Probate in Texas

Texas has created a quick and (relatively speaking) inexpensive probate process that can be utilized in the majority of estates arising in Texas.  While there is no substitute for the planning and protections that can be achieved with the proper will or trust, there are limited circumstances in which the value of those protections may Read More

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The Local Impact of Sport: It’s Not Just the Dollars

From professional franchises that are valued in the billions (the Dallas Cowboys are valued by Forbes at $4 billion) down to local youth sports, there is no arguing the major impact of sport on global, regional and local societies. The direct economic impact from just a single sporting event can be significant and easy to Read More

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What’s Good for the Goose… Part 3b – Stock Purchase, the Buyer’s Perspective

In Part 3b of our series “The Components of a Business Purchase and Sale from the buyer’s and seller’s perspective” we will discuss both disadvantages and advantages of a stock sale from the buyer’s perspective.  As previously discussed, in a stock sale or a membership interest sale (in this article both called a “stock sale”), Read More

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Arbitration Provisions – Do I Want One?

This is a question posed to me quite frequently by clients.  Typically it starts with, “What does that provision really mean?” and is quickly followed by “Well, do I want that or not?”  Like so many questions in the legal profession, the answer is “It depends.” Arbitration is an out-of-court process for settling a dispute Read More

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Steps Landlords Should Take to Protect against a Tenant’s Mechanics Liens

  Most commercial landowners are aware that contractors, subcontractors and suppliers that provide work, tools or materials in connection with constructing an improvement have a right to place a lien on the property until they are paid.  This type of lien is often referred to as a Mechanic’s Lien and is authorized by statute[1] and Read More

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Don’t Underestimate the Power of Mediation

When I recommend mediation to my clients, they often react with surprise, assuming the process will be nothing more than an expensive waste of time.  They believe that the inability of the parties to settle a case on their own with the assistance of competent counsel means that dedicating any time and resources to a Read More

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What’s Good for the Goose… Part 3a – Stock Purchase, the Seller’s Perspective

  In Part 3a of our series “The Components of a Business Purchase and Sale from the Buyer’s and Seller’s Perspective” we will discuss the advantages and potential disadvantages of a stock sale from the buyer’s perspective.  In a stock sale (or in the event of a limited liability company, a membership interest sale (both Read More

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Can Patience with Your Clients Cost You Money?

For many business owners, a willingness to work with clients regarding any outstanding invoices comes naturally.  But some clients, either because of financial hardship or because they are not happy with some aspect of the work or services performed, or the cost associated with it, take advantage of complacent business owners—sometimes to the point of Read More

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What’s Good for the Goose… Part 2a – Asset Sale, the Seller’s Perspective- Obligated to Keep Certain Assets and Liabilities.

In Part 2b of our series “The Pros and Cons of Components of a Business Purchase and Sale from the Buyer’s and Seller’s perspective” we will look at the potential disadvantages a seller could face if the sale of his or her business is structured as an asset purchase as opposed to a stock (in Read More

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