Advertising Law

• Advertising law: disclosures We all know that advertising can’t be deceptive or misleading — but what does that really mean? This is the ...
• Two avoidable errors in sweepstakes events “Sweepstakes” can be generally defined as random drawings for prizes.  All sweepstakes are regulated by federal law and also by ...

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Business and Corporate Law

• 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 ...
• How the EU’s New Privacy Law Affects You The General Data Protection Regulation (GDPR) The General Data Protection Regulation (GDPR) is the European Union’s (EU) new privacy law set ...
• 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 ...
• 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.  ...
• The 5 Most Important Decisions in a Physician Employment Agreement     Over the years, physician employment agreements have become very standardized. However, there are several provisions in such agreements that the ...
• Luxury Property Special Purpose Entities Portions of this article were originally printed in Dallas Bar Association Headnotes, December 2017.   When it comes to luxury property, such ...

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Elderlaw and Guardianship Law

• 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 ...

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Employment Law

• 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 ...

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Estate Planning

• 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 ...
• 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 ...
• Upjohn Clause: A Trap for the Unwary Trustee   Many trust instruments prohibit trustees from relieving themselves of a legal duty under applicable law.  Such language, which is sometimes ...
• 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 ...

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Health Law

• 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 ...
• The Revised AdvaMed Code of Ethics on Commercial Interactions with U.S. Health Care Professionals Advanced Medical Technology Association (AdvaMed) is a trade association for companies producing medical devices, diagnostic products, and health information systems. Relationships between AdvaMed ...
• The Physician Payments Sunshine Act The Physician Payments Sunshine Act (“PPSA”) requires medical product manufacturers of drugs, devices, biologics, and medical supplies covered by Medicare, ...
• The Expansion (Finally) of Telemedicine in Texas: A Brief History and Future Applications and Considerations for Healthcare Providers If you are a healthcare provider in Texas looking to supplement, or even transition, your practice into telemedicine, now is ...

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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 ...

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Nonprofit Organizations

• 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) ...

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Probate Law

• 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 ...
• 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 ...
• Power of attorney liability A person (“agent”) holding a power of attorney for another person (the “principal”) must act with the utmost degree of ...

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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 ...

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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 ...

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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 ...

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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 ...

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