Non-Compete Agreements Vary Widely From State to State
(This is the first of four posts discussing current issues with non-competition agreements that cross state lines. Companies and legal counsel must be sure to craft these agreements carefully. As I will explain in my fourth and final post of this series there is no “standard” agreement that can be used all the time regardless […]
Texas Tort Reform Update: New Rules Coming
Texas continues to be among the leading states in tort reform. The bulk of Texas tort reform was accomplished in 2003, in which the Legislature passed reforms in the areas of medical malpractice, damages caps, products liability, proportionate liability, and settlement practices. The 79th legislative session in 2005 did not produce nearly as many reform […]
The Amazing and Likely Disappearing $5 Million Gift Exemption?
Current law allows tax free gifts up to $5,120,000 per taxpayer. However, this tax free amount is scheduled to fall to $1 million on January 1, 2013. What, if anything, should you do now? If you have the resources to make large gifts should they be completed before the end of the year? A married […]
Does Your Deal Contain An Earn-Out Provision?
Traditionally, when an owner sold his company, the buyer paid the entire purchase price in cash at the closing. Although the owner sometimes continued as an employee or consultant to help transition the business to the buyer, the owner was no longer personally invested in the business’s performance. Over the last few years, though, we’ve […]
Texas’ New Trademark Act
On September 1, 2012, a new trademark law will replace Texas’ current trademark laws. Heightened Scrutiny of Trademark Applications The most significant revision to the Texas trademark application process requires the Texas Secretary of State to refuse registration to marks likely to cause confusion with a mark already registered at the U.S. Patent and Trademark […]
NLRB Scuttles Arbitration by Individuals Only
A recent U.S. Supreme Court decision held that the Federal Arbitration Act allowed for a waiver of class action claims. So, plaintiffs would have to bring their claims one at a time. The case essentially was a claim by phone services customers for over charges. Last week the NLRB ruled that having a similar provision […]
Branscomb Added to “Best Law Firms” List
Texas-based Branscomb Law is among the 2011-2012 U.S. News – Best Lawyers® “Best Law Firms”. The firm was recognized for its work in corporate law, tax law, trust and estate law, commercial litigation and real estate law. The rankings are based on client and lawyer evaluations and incorporate the 3.9 million evaluations of more than […]
Mike Stukenberg named “Corpus Christi Best Lawyers® Trust and Estates Lawyer of the Year”
Mike Stukenberg has been named “Corpus Christi Best Lawyers® Trust and Estates Lawyer of the Year” for 2012. Stukenberg helps clients prepare and develop estate plans and structure family businesses. He also represents businesses and individuals in income and estate tax audits and probate and trust matters. Best Lawyers®, a well respected legal publication, gave […]
Living Trust Scams In Texas
In many instances living trusts are very beneficial tool in estate planning. Though recently, living trust sales have become a disturbing area of consumer fraud in Texas. Each year thousands of consumers waste from $500 to $5,000 by purchasing living trusts. Con artists promote their business by making false or misleading statements about the probate […]
A Good Time to Make Your Estate Planning Moves: What’s New This Year
Tax Law Changes. The 2010 Tax Act made some significant changes in the tax laws that effect gifts. The exemption for lifetime gifts was increased from $1 million to $5 million ($10 million in the case of a married couple making joint gifts) effective January 1, 2011. The estate tax exemption was also increased to […]
