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The Keys to Success

Everybody wants to be a part of the “next big thing.” Today’s consumer-driven economy pushes out new retail market concepts daily and they fail just as often. If timed correctly, an entrepreneur can ride the wave of a new retail concept to a very profitable and sustainable franchise-based business. Some franchise concepts last what seems Read More

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Estate Planning: Planning for the Fabulously Middle Class

Most people recognize the value proposition that estate planning offers to the wealthy because the proper plan can be used to reduce or eliminate estate taxes.  However, estate planning also offers a value proposition to those of modest or moderate means.  An estate plan can be used to reduce the costs, expenses and effort of Read More

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How to Avoid Having Undue Influence Invalidate Your Parent’s Will

If your elderly parent has no will, for whatever reason, it can be difficult to make them understand why they need one. Without a will, the estate passes according to the state’s laws of inheritance. This means certain types of property may be treated differently than others, which can result in certain loved ones being Read More

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When a Texas Business is Required to Register in a Different State

The use of social media and e-commerce has allowed even the smallest of small business retailers to market and sell goods outside of their home state.  In fact, many “one-person shop” retailers that rely solely on distribution through popular e-commerce platforms such as eBay and Etsy attribute the majority of total annual revenue to sales Read More

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Arbitration: Hoskins’ Choice

Courts have historically been protective of arbitration awards and reluctant to overturn them.  However, the level of deference to arbitration awards was significantly increased by the Texas Supreme Court’s recent decision in Hoskins v. Hoskins.[1]  In Hoskins the Court expressly overruled two common law basis for challenging arbitration rulings[2], and found that an arbitrator’s ruling Read More

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Personal Guarantees for Commercial Leases – a Negotiation inside a Negotiation.

In times when the economy is down, it is no surprise that commercial tenant defaults increase.  During those periods, it is also not surprising to see landlords become more firm about requiring personal guarantees of commercial leases.  Typically, the individual signing a commercial lease is doing so on behalf of their capacity as an officer Read More

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Vote! More (Not Less) Of Us Need to Be Shaping the Future

In the midst of the U.S. presidential election period, it seems like a very simple task for each of us to take the time to get educated and vote. Each time we step into a voting booth, we honor the sacrifice of those that made our democracy possible, so when the polls open on Nov. Read More

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Properly Terminating an Entity

Failing to properly terminate or “wind down” an inactive corporation or LLC is a potentially costly mistake many Texas business owners make.  While the steps involved in terminating an entity are relatively straight forward, the potential legal ramifications for failing to properly do so can be significant. While most small business owners are aware that Read More

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Estate Planning: One Size Doesn’t Fit All – Part II (Under Planning)

In Part 1 of this series we discussed the potential for older documents to involve too much estate planning (i.e. over planning) when considered in light of current tax legislation.  In this installment we will look at the dangers of a “one size fits all” plan that does not provide enough planning (i.e. under planning).  Read More

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Residential “Short Term” Rentals

Residential “Short Term” Rentals The term “Short Term Rentals” is used to define a residential leasing, which has various definitions of time but is generally less than ninety (90) days.  The term has become synonymous with companies like airbnb or vrbo, that manage websites used to market and book residential properties for short term stays.  Read More

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