Posted on January 05, 2023 in Uncategorized

While most businesses have anti-harassment and anti-discrimination policies in place, many still face harassment or discrimination lawsuits because they fail to enforce those policies. More often than not, these are for repeat incidents that have, for one reason or another, gone unresolved. However, recent reports from across the county suggest that there are more single-incident cases today than there were just mere years ago. This can mean serious trouble for employers who fall short in providing a safe workplace environment for all.

The Increase in Single Incident Cases

As the notion and importance of equality becomes more widespread, and as judges and juries become more sympathetic to the effects of workplace harassment, more and more are ruling “extremely serious” or “severe” single incidents as viable unlawful harassment cases. Under federal law, this places the employer on the hook for liability, and such employers may become responsible for damages considered due.

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 Posted on December 19, 2022 in Estate Planning and Administration

Most people equate estate planning with writing a last will and testament. While a will is a crucial element of most estate plans, it is not the only estate planning instrument available. Individuals with complex estates, significant wealth, or special needs often require additional planning tools. An irrevocable trust is an estate planning tool that can be used to provide asset protection, tax benefits, and asset management. However, it is important to understand the advantages and disadvantages of an irrevocable trust before deciding to utilize it.

The Difference Between a Revocable Trust and an Irrevocable Trust

Trusts allow the trust maker, called the grantor, to transfer assets to the trust under the care of a third party, called a trustee. The trustee manages the assets and handles the distribution of assets to beneficiaries. Unlike assets distributed through a will, assets held in a trust usually do not have to pass through probate. 

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 Posted on December 09, 2022 in Business and Commercial Law

Railroads are a crucial component of commerce in the United States as a whole and Texas in particular. There are more miles of railroad in Texas than in any other state and railroad companies in Texas are estimated to transport more than 8.8 million carloads of freight each year. Without railroads, the transportation of vital cargo would grind to a halt.

Unfortunately, despite the vital role they play in our modern society, railroad companies often become the scapegoat after a train accident or derailment. If your railroad company is facing litigation, it is important to take swift action to defend yourself, your company, and your workers.

Presenting a Strong Defense Against Accusations of Negligence

When a railroad accident happens, the injured party may file a lawsuit against the railroad company for various reasons such as improper maintenance of its equipment or failure to properly train its employees.

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 Posted on November 23, 2022 in Estate Planning and Administration

If your child has a severe physical or mental disability, you know just how important it is for them to have the right type of care. One concern many parents have is what will happen to their disabled child after they have passed away. Your child may depend on you for daily needs like bathing and eating as well as money management and other financial needs. How will your child receive care and assistance after you are no longer around to provide this care yourself?

A special needs trust is an estate planning instrument that allows you to place funds in a trust that are used for your child’s benefit. Read on to learn more about the advantages of using a trust and what you can do to get started.

Basics of a Special Needs Trust  

A special needs trust or supplemental needs trust is a fiduciary relationship often used to transfer funds to benefit a disabled person. The person who creates the trust, the grantor, transfers money into the trust. A trustee is tasked with managing these funds and using the money to benefit the beneficiary. Trust funds may be used to pay for medical needs, caretaking or home healthcare expenses, transportation, and other needs.

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 Posted on November 14, 2022 in Business and Commercial Law

According to the U.S. Bureau of Labor Statistics (BLS), just over a third of employers increased remote work opportunities during the COVID-19 pandemic, and 60 percent plan to keep those opportunities in place.  With so many employers and employees alike benefiting from the flexibility of working remotely, it is likely that this trend will continue well into the future. 

However, there are a few employment law concerns that businesses should keep in mind when managing remote workers. If your company currently has remote or hybrid workers or plan to implement remote work in soon, make sure to understand your legal rights and responsibilities as an employer. 

Employment Law Considerations for Employers for Remote Workers

As remote work becomes increasingly popular, employers must ensure that they are meeting all local, state, and federal employment laws.

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 Posted on October 17, 2022 in Business and Commercial Law

When you operate any business, there will inevitably be some point at which you are going to need to sign a contract that will be inherent to protecting your legal rights and also ensuring another party fulfills their obligations.

Business and commercial law contracts can help minimize risks and can be critical to ensuring the long-term health of a company. People need to keep in mind certain aspects of contracts to be confident that they are taking all of the steps necessary to formulate the contract that will be most beneficial to them. A legally enforceable contract must have an offer, an acceptance, mutual consideration, legal parties, and a legal purpose.

Make Sure You Are Dealing With The Right Person

When you are negotiating the terms of a contract with a lower-level employee who has to get approval for every decision, you may be wasting your time. Ask to speak to a person who can be in charge of making decisions themselves so you can be confident that you are working toward finalizing an agreement. An owner is probably the best bet for a small business, but larger businesses may have chief operating officers.

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 Posted on October 07, 2022 in Estate Planning and Administration

After the death of a loved one, families often have to deal with far more than just their grief. The deceased person's estate must go through probate, which is the legal process of settling their affairs. This includes distributing their assets and property to their heirs and paying any debts and taxes owed. In many cases, probate can be a straightforward process. However, there are some cases where probate can become contentious, particularly if there are disputes about the deceased person's will. In these situations, probate litigation may be necessary. Estate executors, family members, or others who become involved in probate litigation will need to seek out an experienced attorney who can help navigate the legal process and protect their interests.

Issues That May Be Resolved Through Probate Litigation

Multiple types of disputes may arise during the probate process, and probate litigation may be used to resolve issues related to:

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 Posted on September 19, 2022 in Real Estate Law

For business owners and entrepreneurs, commercial leasing is often the first step in establishing a physical presence for their company. However, what many first-time commercial tenants do not realize is that disputes with their landlord are not uncommon – and can often be quite costly if not handled properly from the outset. If you are currently involved in a commercial landlord/tenant dispute or are simply looking to avoid one in the future, make sure to consider the following.

Take a Proactive Approach to Commercial Lease Agreement

Preventing disputes between landlords and tenants is always preferred to dealing with these issues once they have already arisen. There is no way to completely eliminate the risk of landlord/tenant disputes. However, proper preparation can dramatically mitigate the risk of future disagreements and legal disputes.

When it comes to commercial lease agreements, the old adage “the devil is in the details” has never been more accurate. For tenants, this means that a thorough review of your lease agreement – with the assistance of an experienced real estate attorney – is essential prior to signing on the dotted line.

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 Posted on September 01, 2022 in Estate Planning and Administration

If you have a loved one with special needs, you may be looking for ways to provide for their future. One option is to set up a special needs trust. A special needs trust is an estate planning tool that can help you manage assets for your loved one's benefit. There are many advantages to using a special needs trust, and this blog will discuss some of the key benefits.

Supplemental Needs Trusts in Texas 

Special needs trusts, also called supplemental needs trusts, ensure that a disabled person or an individual with special needs receives the care he or she needs. For example, a grandmother caring for a grandchild with cerebral palsy may worry about the care her grandchild will receive once she has passed away. In a situation like this, a special needs trust may be set up to provide consistent financial support for the child even after the grandmother dies. Funds from a special needs trust may be used to pay for medical expenses, in-home care, therapy, housing, and other needs. 

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 Posted on August 31, 2022 in Business and Commercial Law

As any small business owner can tell you, getting a business up and running is no easy feat. Even when a business is humming along smoothly, unexpected disputes resulting in litigation can crop up at any time. Small business owners must constantly be on their toes, ready to respond to surprises with agility so that legal disputes have a minimal effect on a company’s growth and productivity. Here are some common legal disputes that Texas small business owners may face that a great business law attorney can help with. 

Common Types of Business Disputes

The nature of certain businesses will expose them to a greater likelihood of facing disputes than others; for example, a construction business is much more likely to face litigation for an injured employee than a business selling records. Knowing your field is essential for understanding the kind of risks you undertake as a business owner and any potential liabilities you may face in the future. Common types of disputes small business face include, but are not limited to: 

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