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Texas Water Rights

Water has been an integral part of human habitation in Texas for as long as man has been present there.  In modern terms, the right to use water often depends on whether the source of the water originates from above or below ground. Surface Water: In general terms, surface water found in defined watercourses is Read More

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The Carrot Mightier than the Stick – Using Incentives in Your Trust

Frequently people approach estate planning with their most challenging child in mind.  This is a natural and integral approach to constructing estate planning documents.  It allows parents to consider and approve planning that is directed toward their specific circumstances and goals.  However, it is important to remember that many times a positive motivator (i.e. a Read More

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The “Basis” for Good Planning: Using “Stepped-Up” Basis to Reduce Taxes

In recent years, it has become increasingly important to consider the income tax implications of gift giving and not just the estate tax implications.  For the majority of people, estate taxes are a non-issue due to the increase in the exclusion amount for US citizens.  However, income tax continues to impact everyone.  Therefore, an estate Read More

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The Personal Guaranty of a Commercial Lease: A Tenant’s Perspective

For many of our clients entering into a commercial lease as a Tenant, the Landlord will often require that one or more of the principals or owners in the endeavor sign a personal guaranty.  In most cases, unless the company is a large national company with an established track records, Landlords will refuse to lease Read More

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Due Diligence in Commercial Real Estate

Due diligence is the process and efforts a purchaser uses to inspect real property in order to be informed as to the details of the asset being purchased.  Purchasers who fail to undertake a thorough investigation risk purchasing property that does will not serve their best interests or needs.  For example, the property may have Read More

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Boeing Co. v. Paxton – Private Rights Despite Open Government

Adopted in 1973, and codified at Chapter 552 of the Texas Government Code, the Texas Public Information Act (the “Act”) provides public access to certain information possessed by governmental entities in order to allow the general public to remain informed of those entities’ activities.  Because the Act requires the disclosure of all “public information,” which Read More

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Continued Resiliency and Innovation in the Oil Field

If you live in or around Houston, Texas and you cannot help but hear concerns about the effects of lower oil prices over the past several months on local jobs and the economy.  Having worked in the industry since 1985, booms and busts are a part of the fiber of the industry.  More integrated global Read More

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Employers: Do Not Let an Employee’s Smart Phone Outsmart You

Today, with advances in technology, an employee can virtually work from anywhere, the ability to work remotely is becoming common place in our society. Typically, employers will provide an employee with a smart phone or laptop in order to conduct business-related activities. In nearly all corporate-level jobs, an employee is provided access to the Internet. Read More

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The Texas Series LLC: The (Kind of) New Kid on the Block

TEXAS SERIES LLC BACKGROUND On September 1, 2009, Texas joined Delaware, Illinois, Iowa, Nevada, Oklahoma, Tennessee and Utah as the handful of states in the U.S. at the time that permitted the formation of a relatively new entity type known as a Series limited liability companies (a “Series LLC”). While a Series LLC shares many Read More

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Properly Classifying Employees and Independent Contractors

Is your “independent contractor” actually an employee?  While it seems like a relatively simple question, the ramifications are substantial to a business owner.  Misclassifying and paying a worker as a 1099 independent contractor, when in reality he or she should be treated as a W2 employee, can result in a variety of consequences for the Read More

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Page 7 of 13