Since November, 2011, Texas has been an anti-slapp state. Why should you care?  Because the new law gives you a way to shortcut a lawsuit against you.  In some cases.  Sometimes. The purpose of the law, stated succinctly in Section 2, is “to encourage and safeguard the constitutional rights of persons to petition, speak freely, [...]

A lot of employers are at risk for overtime claims. The Fair Labor Standards Act provides that non-exempt employees are entitled to be paid over-time.  Many employers have either mis-classified employees as exempt,  failed to keep satisfactory records that a non-exempt employee didn’t actually work overtime, or simply refused to pay overtime. If a company [...]

Every employer should have a policy that addresses workplace social media.  The terms should balance the employer’s legitimate objectives and the employees’ rights. The National Labor Relations Board has taken the position that employees have a right to post about their terms and conditions of employment on Twitter, Facebook and other social media posts. That [...]

One huge benefit of IRAs – the favorable tax treatment received by beneficiaries – is messed up on a regular basis. An heir gets to stretch withdrawals from an inherited IRA across his own life expectancy.  This means that the assets within the IRA could increase in value for decades, completely tax-deferred. So how does it [...]

“If I get divorced, what happens to my business?” That is one of the first questions that is asked when I meet with a small business owner who is contemplating getting a divorce in Texas. Business owners have special concerns when it comes to the issue of divorce. These high net worth individuals have to [...]

Living in Sin, Shacking Up, Nonmarital Conjugal Cohabitation.    Question:  can you tell which one is  mentioned  in the Texas Business & Commerce Code? Yes, even a dry tomb like the TBCC gets racy sometimes. If you are living with someone else and are NOT planning to be married, then lines can quickly blur about responsibility [...]

Lawyers like predictability. Witnesses who don’t change their testimony,  statutes that aren’t  amended every two years,   Supreme Court decisions that aren’t tossed out on a whim….these  are the  little things that make lawyers happy. Which is why the Texas Supreme Court’s decision on December 16, 2011 in Marsh USA Inc  v. Cook  sent shock waves in [...]

High net worth individuals face an added level of complexity when they divorce.   Frequently, our clients are share holders in closely held businesses or family corporations. In these circumstances, it is important to have family law attorneys that understand and have substantial experience in dealing with business valuations. Other common themes in high net divorces are a [...]

In 2005, Texas introduced the requirement for Parenting Plans. Parenting plans essentially replace the Standard Possession Order and the terms previously associated with child custody and child visitation in Texas. “Parenting plan” means a temporary or final court order that sets out the rights and duties of parents in a suit affecting the parent-child relationship [...]

Texas Employers – Save  money now!  Review your records and methodology for paying your workers.   Most businesses are subject to both  Federal and State  Wage and Hour Laws.   The basic law is fairly simple – a non-exempt employee who works over 40 hours a week must be paid overtime at  time and a half.   You must [...]