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Traps for the Unwary: New Texas Property Owners Association Laws
In 2011, the Texas legislature completely overhauled the laws related to the actions of Property Owners Associations (“POAs”) in the state under the provisions of the Texas Residential Property Owners...
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Prepetition Waivers of the Automatic Stay – Are They Enforceable?
In recent case law, bankruptcy courts are beginning to consider prepetition waivers of the automatic stay in bankruptcy as a consideration in determining whether “cause” exists to lift the automatic...
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The Rights of Minority Shareholders…Or Lack There Of
On June 20, 2014, the Supreme Court, in what will certainly be seen as a landmark decision, issued an opinion reversing the Dallas Court of Appeals in the case of Ritchie v. Rupe. The Dallas Court of...
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Business Formation – Back to the Basics
So you want to form a business? Be aware that while the formation of the correct business entity is important, how you get out of the business or how you get another owner out is even more important....
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Limitations on Covenants in General Warranty Deeds
The covenant language in a typical general warranty deed, which reads as follows: “GRANTOR WARRANTS AND FOREVER DEFENDS, ALL AND SINGULAR THE SAID PREMISES UNTO THE SAID GRANTEE, AGAINST EVERY PERSON...
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Construction Project Mangement: When Being Last Can Be Least
A new construction, large or small, is a very exciting process to be a part of, but it comes with it’s share of hassles. Managing contractors, subcontractors and suppliers and all of the laws...
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Guidance for Sale of a Business
Business owners will all, at some point, face the challenge of selling their business. Whether the change comes as a result of reaching retirement age or the fact that you have grown your business to...
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Construction Insurance: Challenges Posed by the Texas Anti-Indemnity Act
Prior to the passage of the Texas Anti-Indemnity Act back in 2011, the parties most active in the state’s construction industry could still readily determine the degree of insurance coverage and...
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Rule Changes Effective in 2015 Affecting Seller Financing
Overview The Consumer Financial Protection Bureau (CFPB), an independent federal agency, is responsible for protection of consumers involved with financial products and services including mortgages,...
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Sweeping Changes on the Horizon: Fiduciary Duty of Employers & Others...
The statute governing the conduct of plan sponsors and advisors to 401(k) plans is the Employee Retirement Income Security Act of 1974 (ERISA). Section 404 of ERISA imposes a prudent man standard of...
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Rule Changes Effective in 2015 Affecting Seller Financing
Overview The Consumer Financial Protection Bureau (CFPB), an independent federal agency, is responsible for protection of consumers involved with financial products and services including mortgages,...
View ArticleClik here to view.
Sweeping Changes on the Horizon: Fiduciary Duty of Employers & Others...
The statute governing the conduct of plan sponsors and advisors to 401(k) plans is the Employee Retirement Income Security Act of 1974 (ERISA). Section 404 of ERISA imposes a prudent man standard of...
View ArticleClik here to view.
Rule Changes Effective in 2015 Affecting Seller Financing
Overview The Consumer Financial Protection Bureau (CFPB), an independent federal agency, is responsible for protection of consumers involved with financial products and services including mortgages,...
View ArticleClik here to view.
Sweeping Changes on the Horizon: Fiduciary Duty of Employers & Others...
The statute governing the conduct of plan sponsors and advisors to 401(k) plans is the Employee Retirement Income Security Act of 1974 (ERISA). Section 404 of ERISA imposes a prudent man standard of...
View ArticleClik here to view.
“Series, LLC” -The Next Generation of Asset Protection for Investors
A series limited liability company allows a traditional limited liability company to separate into an unlimited number of multiple parts or “cells” with the establishment of one or more series of...
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