Advertising, Marketing, and Promotions Law

• Wills v. Trusts: What’s the Difference?
  What is a Will? Often, the first 10 minutes of an estate planning consultation involve explaining the differences between a Last ...
• How to Apply for Guardianship in Dallas County
  This article was originally published by UNT Dallas College of Law on January 1, 2020. The process to apply for permanent ...
• An Overview of Guardianship
  This article was originally published by UNT Dallas College of Law on January 1, 2020. Guardianships can be granted by a ...
• The HIPAA Safe Harbor Bill: A New Incentive for Organizations to Prioritize Security
  On January 5, 2021, the President signed H.R. 7898, The HIPAA Safe Harbor Bill, into law. This new legislation amends ...

Business and Corporate Law

• Whistling Past the Pandemic: The Increasing Trend of Whistleblower Reports during COVID-19
  One of the collateral impacts of employee anxiety due to COVID-19 has been an increase in whistleblower reports to the ...
• Well, Actually, Everyone Has Questions About IP: The Difference Between Trademarks, Copyrights, and Patents
  Nobody likes a ‘well, actually.’ Obviously, I don’t interrupt strangers when they’re having a nice time, but I sure would ...
• Potential Impact of COVID-19 and Social Justice Issues on Non-Profit Corporate Governance
  The novel coronavirus (COVID-19) pandemic and the resurgence of social justice movements are likely to have lasting repercussions on how ...
• PPP Loan Program: Am I in Trouble? What the New Certification Guidance Means for You *********Update 5/06/2020*********
  Information regarding PPP loans are constantly changing. New updates are highlighted in red. Last week, an additional $310 billion in funding ...
• Wanna Be An Influencer? A Legal Guide to Social Media
  With some of the top influencers reportedly making $250,000 for a single Instagram post, snapping selfies has become a career. ...
• The Legal Obstacles of Hemp and CBD Retail Sale in Texas
  Texas has legalized hemp and cannabidiol oils (CBD) this year by passing House Bill 1325 (Texas Hemp Bill). However, the new legislation ...
• Five Key Internal Investigation Considerations
  Internal investigations are used by companies to learn the facts, identify legal and compliance issues, and resolve concerns across a number of ...
• Data Breach? Your Obligations under the Texas Identity Theft Enforcement and Protection Act
  Illustration by attorney Christopher Elam For any business – big or small – customer confidence is critical for success in today’s competitive ...
• The CCPA: California’s Follow-up to the GDPR
  Following the enactment of the European Union’s GDPR, California has passed the California Consumer Privacy Act of 2018 (CCPA) that ...
• The IRS’s Trust Fund Recovery Penalty: A Perilous Trap for the Unwary
  Under the Internal Revenue Code (the “IRC”), employers must withhold certain taxes from employee pay.  These monies are referred to ...

Elderlaw and Guardianship Law

• How to Apply for Guardianship in Dallas County
  This article was originally published by UNT Dallas College of Law on January 1, 2020. The process to apply for permanent ...
• An Overview of Guardianship
  This article was originally published by UNT Dallas College of Law on January 1, 2020. Guardianships can be granted by a ...
• New Guardianship Requirements
  This article was originally printed in Dallas Bar Association Headnotes, December 2018 On June 1, 2018, new statewide guardianship requirements ...
• Revised Durable Power of Attorney Act
  Many sign a Durable Power of Attorney (DPOA) in order to name an agent to handle their finances in case ...
• Capacity to sign
  Different legal actions require different levels of mental capacity to be valid.  For example, the level of mental capacity required ...
• Do I Need a Will?
  One of the most common misunderstandings about estate planning is the belief that it is only for the wealthy. Anyone ...
• Power of attorney liability
  A person (“agent”) holding a power of attorney for another person (the “principal”) must act with the utmost degree of ...

Employment Law

• Whistling Past the Pandemic: The Increasing Trend of Whistleblower Reports during COVID-19
  One of the collateral impacts of employee anxiety due to COVID-19 has been an increase in whistleblower reports to the ...
• Dallas Paid Sick Leave Ordinance Struck Down
  Penalties associated with a City of Dallas sick leave ordinance that was rolled out last August were scheduled to become effective on ...
• City of Dallas Paid Sick Leave Ordinance
  Chapter 20 of the Dallas City Code entitled Earned Paid Sick Time went into effect August 1, 2019. The provision requires employers ...
• Attorney-Client Privilege in #MeToo Era Investigations
  In September 2018, Dallas Basketball Limited, which operates the Dallas Mavericks, released a 43-page report of an internal investigation of ...
• Two Major Developments for Employers
  Employment law has seen two recent major developments that affect employers.  The first involves nondisclosure limitations in sexual harassment settlements.  ...
• A big phish is in the water – BEC
  That flowery email from a Nigerian Prince who can’t spell has been supplanted by a far more dangerous phish — ...
• Employment Law Update: New DOL Rule Suspended
  A federal court in Texas has ruled that there is a substantial likelihood that a proposed new DOL rule that ...
• New employment law overtime rules
  The U.S. Department of Labor has published historic changes to the overtime rules that will make approximately 4.2 million currently ...
• Affordable Care Act information for employers
  The Affordable Care Act is a federal statute that creates new responsibilities for employers.  Employers who have fewer than 25 ...

Estate Planning

• Wills v. Trusts: What’s the Difference?
  What is a Will? Often, the first 10 minutes of an estate planning consultation involve explaining the differences between a Last ...
• Beware Fill-in-the-Blank Wills!
  In 2015, the Texas Legislature passed a law requiring the Supreme Court of Texas to make available to the public ...
• Executing Texas Estate Plans in the Era of COVID-19
  These are unprecedented times, even for estate planning attorneys. The advent of COVID-19 has “persuaded” many clients to either consider ...
• The SECURE Act: Will it Affect Your Retirement Plan?
   A Late 2019 tax change will have a major impact on retirement planning! On December 20, 2019, President Trump signed the Setting ...
• Trust Accountings and the Duty to Inform in Texas
  Trustees have a duty to share trust information with beneficiaries. The nature and extent of the duty to inform is ...
• Do You Need a Revocable Trust?
  Not everyone knows what a revocable trust is or whether they need one.  This article discusses the general characteristics of a revocable ...
• Legal Documents for Your College Checklist
  While shopping for extra-long twin sheets and plush mattress pads for your soon-to-be college freshman, consider adding these items to your checklist: ...
• Those Pesky Trusts! A Brief Primer on Terminating Unwanted Trusts
  Estate planning attorneys often wax poetic about the multitude of advantages found in a simple trust instrument. They’re not wrong. ...
• Where Adoption and Inheritance Cross Paths
  When a Texan dies without a will, the decedent’s property passes to his or her heirs in accordance with the ...
• The Effects of Divorce on Wills and Estate Plans in Texas
  Here is a guide to the legal effects of divorce on Wills, Trust instruments, and financial accounts in Texas. Wills and ...

Health Law

• The HIPAA Safe Harbor Bill: A New Incentive for Organizations to Prioritize Security
  On January 5, 2021, the President signed H.R. 7898, The HIPAA Safe Harbor Bill, into law. This new legislation amends ...
• The HIPAA-Potamus in the Room: HIPAA During the COVID-19 Pandemic
  In light of the novel COVID-19 pandemic, it is now more important than ever to make sure you are complying ...
• Telemedicine/Telehealth: Update on Regulatory Issues
  This article was originally printed in Dallas County Medical Society’s Dallas Medical Journal, November 2019. This article will focus on updates ...
• 2019 Update on Balance Billing and Texas Health Insurance Law
  This article updates the prior article, “Balance billing and Texas healthcare law.” “Balance billing” occurs when doctors, hospitals, or other health ...

Litigation

• Recovering Attorney’s Fees in Texas
  Many potential litigants believe the prevailing party to a lawsuit is always entitled to recover attorney’s fees from the other ...
• Puttering on about drones
  Subsequent to the posting of this article, the U.S. Court of Appeals for the District of Columbia, in a case ...
• Trial by “Special Judge”
  Under Chapter 151 of the Texas Civil Practices and Remedies Code, parties to any civil litigation, including probate litigation, may ...
• Advantages of trial by “Special Judge”
  Under Chapter 151 of the Texas Civil Practices and Remedies Code, parties to any civil litigation, including probate litigation, may ...

Nonprofit Organizations

• Potential Impact of COVID-19 and Social Justice Issues on Non-Profit Corporate Governance
  The novel coronavirus (COVID-19) pandemic and the resurgence of social justice movements are likely to have lasting repercussions on how ...
• Taxpayers and Nonprofits Can Have Their Cake and Eat It Too
  The increase of the standard deduction under the Tax Cuts and Jobs Act of 2017 (the “TCJA”) is predicted to ...
• Guidelines for a Nonprofit Board of Directors
  Charities are required by state and federal law to have board members, also called “directors.” The purpose of the board ...
• The Tax Cuts and Jobs Act: What It Means for You
  This information is current as of December 27, 2017. At the request of our clients, we have summarized some of the ...
• Can my Nonprofit Organization conduct lobbying activities?
  A Section 501(c)(3) tax–exempt organization may conduct limited lobbying activities without jeopardizing the organization’s tax–exempt status, so long as lobbying ...
• Forming a 501c3: The “Texas Three-Step”
  Individuals and families may establish a 501c3 tax-exempt charitable organization to accomplish substantive philanthropy while receiving very favorable tax treatment. The degree ...
• New simpler 501c3 application for small charities
  In July 2014, the Internal Revenue Service introduced a new, shorter application form to help small charities apply for 501(c)(3) ...

Probate Law

• Beware Fill-in-the-Blank Wills!
  In 2015, the Texas Legislature passed a law requiring the Supreme Court of Texas to make available to the public ...
• Resolutions to the Probate Homestead Conundrum
  Under Texas law, a surviving spouse has the right to reside in the marital home until the surviving spouse either ...
• Is it Too Late to Probate the Will?
  You’re going through a loved one’s papers and come across a will. The person who wrote the will (a Texas ...
• What Happens to Your Real Estate Property If You Die Without a Will?
  If you reside in the state of Texas and die leaving a valid will that disposes of real estate ...
• Where Adoption and Inheritance Cross Paths
  When a Texan dies without a will, the decedent’s property passes to his or her heirs in accordance with the ...
• How to Probate the Copy of a Lost Will
      You’ve searched everywhere –the desk, file cabinet, footlocker, safe, attic, shed, and safe-deposit box at the bank. But you can’t ...
• Capacity to sign
  Different legal actions require different levels of mental capacity to be valid.  For example, the level of mental capacity required ...
• Trial by “Special Judge”
  Under Chapter 151 of the Texas Civil Practices and Remedies Code, parties to any civil litigation, including probate litigation, may ...
• Dallas probate FAQs
  Can I probate a Will in Dallas without an attorney? Unfortunately, no.  The Probate Courts do not allow individuals to appear ...
• The probate process for a valid Texas will
  The Executor of a Will has the responsibility of submitting the Will for probate.  Under the rules of the probate ...

Real Estate Law

• Understanding Title to Real Estate
  As a purchaser of real estate, commercial or residential, why should you be concerned about title?  In fact, what is ...
• Interview: what is CREW?
  Last month, Farrow-Gillespie & Heath welcomed real estate attorney Paula Beasley to the firm. We value Ms. Beasley not only ...

Securities Law

• Uncertainty Continues Around “Fiduciary Rule” Protections for Retirement Investors
  The last 40 years have seen a marked change in retirement benefits, with fewer employer-sponsored defined benefit plans, more defined ...
• The SEC’s reach may be longer than you think
  Privately-owned businesses and individuals can be surprised to receive a subpoena from the U.S. Securities and Exchange Commission requiring them ...

Taxation

• The IRS’s Trust Fund Recovery Penalty: A Perilous Trap for the Unwary
  Under the Internal Revenue Code (the “IRC”), employers must withhold certain taxes from employee pay.  These monies are referred to ...
• Tax Deadlines for 2018
  Here are the tax filing deadlines for this year, for your 2017 tax returns. Form  2018 Filing Due Date (Tax Year 2017) Form ...
• The Tax Cuts and Jobs Act: What It Means for You
  This information is current as of December 27, 2017. At the request of our clients, we have summarized some of the ...
• FBAR deadline is April 18
  The annual due date for filing Reports of Foreign Bank and Financial Accounts (FBAR) for foreign financial accounts has been ...

Title IX Law

• Pat Davis on Title IX
  An opinion piece by Title IX Center’s Patricia Davis, J.D., Ph.D., has been published in the Dallas Morning News Sunday ...