Articles
Advertising, Marketing, and Promotions Law
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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 ...
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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
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Estate Planning
- 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 ...
- 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 ...
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Health Law
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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
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Probate Law
- 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 ...
- 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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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
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Taxation
Read more on taxation law topics . . .
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 ...
Read more on Title IX legal topics . . .
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