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Part One: Who, What, When, Where & Why of Non-Compete Agreements

Non-competition agreements and their enforceability are the subject of many blogs and legal articles floating the web.  I typically stray from over-blogged topics such as this, however, each time I am confronted with an issue involving a covenant not to compete, I find that the information on the web tends to be overly general and Read More

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So, How Important are Corporate Formalities Anyway?

Typically, one of the most prevailing reasons that a business owner decides to incorporate their business is to shield them from or limit their personal liability for the debts and obligations of the business. While this is an important first step, simply forming a corporation or a limited liability company is generally not enough to Read More

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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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