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A Cautionary Tale

January 5th, 2012 by

(originally published in 1995) “Twas two weeks after Christmas, and all through the house not a creature was stirring, not even a mouse. My spouse in his skivvies, and I in my long shirt were asleep behind bars, our burglar alarm on alert. When out on the lawn there arose such sounds I sprang for [...]

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Posted in Criminal Law, General Interest, Legal Talk, Litigation

Claiming a parent as a dependent

January 2nd, 2012 by

There may be some tax advantages available to the sandwiched generation for helping out their elderly parents. If your elderly parent has little or no income, he may be considered a “qualifying relative” for your income tax purposes. He loses his own exemption, but that is probably of little worth since he would be paying [...]

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Posted in Elder Law, General Interest, Legal Talk, Wills, Trusts & Estate Planning

In a closely- watched case, a Denton County jury has decided that an individual and his new company should pay the individual’s former employer $700,000 for theft of trade secrets and breach of fiduciary duty.
The individual, Kevin Wolfe, had worked for 5 years as general manager for a manufacturing company, Medical Extrusions Technologies-Texas, Inc., located in Lewisville, Texas. In 2010, Wolfe decided that he wanted to start a competing business, Heat Shrink Innovations, LLC, in Carrollton, Texas. The jury found that Wolfe took trade secrets belonging to METT, and breached his fiduciary duty to METT. The jury also found that Wolfe’s new employer, Heat Shrink Innovations, LLC, participated in the breach of fiduciary duty and conspired with Wolfe and his wife to harm METT.
Among the allegations was that Wolfe had used METT’s internal financial data to obtain an SBA-backed loan for his new company.
After secretly working on his new business venture for over a year, Wolfe sent notice of their resignation in a one-line email to METT’s president in late April. Wolfe promptly moved several miles away and formally became an employee of his new company.
METT obtained a temporary injunction against Wolfe, his wife and their new company shortly thereafter.
The Plaintiff was represented by Virginia Hammerle and Craig Price of Hammerle Finley Law Firm.
“There is a line that former employees cannot cross when they decide to compete with their former employer. It is clear that the jury believed that Mr. Wolfe and his new company crossed that line” said Hammerle. “This verdict should send a message to both employees and employers

Five Tips for Funeral Planning

January 2nd, 2012 by

Don’t get scammed in planning a Texas funeral. Many people, in the stress of planning a funeral, spend more than they can afford or purchase unnecessary goods and services. here are some helpful tips. 1. Prepare in advance. In Texas, you can leave written Burial Instructions and designate a person or company to handle all [...]

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Posted in Elder Law, General Interest, Legal Talk, Wills, Trusts & Estate Planning

MEDIATION IN GUARDIANSHIP PROCEEDINGS

December 27th, 2011 by

Mediation has become a popular method of resolving disputes in both family law and civil litigation. It can also be used for resolving disputes in guardianship proceedings. From a legal perspective a guardianship is a legal proceeding to determine a person’s capacity or lack thereof, determine what decision making power should be taken away, and [...]

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Posted in Elder Law, Legal Talk, Mediation, Our Firm, Wills, Trusts & Estate Planning

Carbon Monoxide Poisoning – Making Your Case

December 8th, 2011 by

“Tis the season for carbon monoxide poisoning and resulting personal injury cases. Carbon Monoxide poisoning is caused by the incomplete combustion of natural fossil fuels – natural gas, propane, oil, coal, kerosene, gasoline, wood and other flammables.    Some common causes are running a generator in an enclosed room, a clogged chimney, cracked heat exchangers, and  faulty pipes.  [...]

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Posted in General Interest, Legal Talk

Getting Through A Texas Divorce Sanely

December 8th, 2011 by

Tips from Texas divorce attorney Mark Scroggins How do you get through a divorce with your sanity intact? Calm down. Getting a divorce is one of life’s major stressors. Making emotionally charged decisions are never in your best interest. Divorce is a legal process. It takes time – sometimes it takes a lot of time. [...]

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Posted in Family Law, Legal Talk

Expungement and Non-Disclosure of Criminal Records in Texas

December 3rd, 2011 by

How can you keep your Texas criminal record a secret? You have two different avenues. The first is expunction. If you were a child when you committed the offense, then Texas Code of Criminal Procedure Article 45.021(h) applies. If you were an adult, then Texas Code of Criminal Procedure Art. 55.01(a)(2) applies. The second avenue [...]

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Posted in Criminal Law, General Interest, Legal Talk

No-Fault Divorces in Texas

December 2nd, 2011 by

No need to hire a private detective to dig up dirt on your spouse – Texas is a no-fault state when it comes to divorces. You just have to include in your divorce petition that you can’t get along or, to be exact, that your “marriage has become insupportable due to discord or conflict of [...]

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Posted in Family Law, Legal Talk

Texas Construction Defects – How Much Time Do You Have?

December 2nd, 2011 by

Ten years, two years and four years. Maybe. Construction defects have to be timely asserted against the builder or general contractor. The Statute of Limitations determines the amount of time. For a Deceptive Trade Practice action, the lawsuit must be filed within two years. The time doesn’t start running, however, until the defect is discovered. [...]

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Posted in Business Law, Legal Talk, Real Estate

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