By Wendy Lambie | Published February 15, 2017 | Posted in Uncategorized | Leave a comment
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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
Read MoreSteps 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
Read MoreDon’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
Read MoreWhat’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
Read MoreFired Up: Avoid These Mistakes When Terminating “At Will” Employees
If you own a small business, you likely do not have the luxury of employing a designated human resource manager, leaving you with the unpleasant task of terminating employees. Avoiding several key mistakes can make the situation less stressful, and help avoid future unemployment claims. Texas is an “at will” employment state which means you Read More
Read MoreEstate Planning for Life – Not an Oxymoron
When most people think of estate planning they typically think wills, trusts and death. However, the actuality is that one of the major focuses of good estate planning is for incapacity during a client’s lifetime. I take a very educational approach to my consultations and I am always pleased when we reach the end of Read More
Read MoreEstate Planning: Planning to Protect Inherited Retirement Accounts
For many years, people that inherited their parent’s retirement accounts believed those funds would be protected from creditor claims just like their own retirement accounts are protected from creditor claims. However, the U.S. Supreme Court rejected that concept in 2014.[1] In Clark v. Rameker, the Supreme Court ruled that the beneficiary’s inherited IRA was subject Read More
Read MoreCan 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
Read MoreADA Compliance in the Digital Age – Is Your Business Safe?
At the time of the American’s with Disabilities Act (ADA) passage in 1990, no one could contemplate the volume of commerce that would eventually be conducted online. For most people, Title III of the ADA brings to mind things like lack of wheelchair access, acceptance of service animals, and accommodations for individuals with hearing and Read More
Read MoreWhat’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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