DOL and IRS Combine Forces to Attack Employer Misclassification of Independent Contractors
Over the past several years we have been advising our labor and employment law clients to exercise caution in the appropriate classification of individuals who provide services for them. This comes in two parts: proper identification of employees as either exempt or non-exempt for overtime purposes; and properly classifying workers as either employees or independent […]
Is Your Current Outside Counsel as Creative as a 5th Grader?
Whether it’s rock-paper-scissors, eenie-meenie-minie-moe, or simply flipping a coin, when we were kids we found ways to break impasses and get back to playing the game. Now, as highly trained lawyers, it’s helpful to remember 5 simple ways, from game theory and kids, to align interests and move forward. Contact us for help on how […]
Frack or Fiction? The Truth About Fracturing the Eagle Ford Shale
Hydraulic fracturing (commonly referred to as “fracing” or “fracking”) has received substantial attention by the media, oil and gas industry, environmental groups and landowners since the onset of the shale boom across the United States. If you live in a state where oil and gas are produced, particularly where non-traditional shale plays are located and […]
Three Branscomb Lawyers Selected As Texas Super Lawyers
Three of Branscomb Law’s attorneys, Kenton McDonald, James Robichaux and Michael Stukenberg, have been named 2011 Super Lawyers®. McDonald’s practice focuses on solving federal tax planning problems for business owners in connection with major transactions and representing individuals and businesses in matters before the Internal Revenue Service. Robichaux’s practice concentrates on litigating complex business disputes, […]
Texas “Loser Pays” Statute Creates Risk for Defendants, Not Just Plaintiffs
In the 2011 legislative session, the Texas legislature passed what many have called a “loser pays” bill. This is really not accurate, and much of what this legislation contains is not new. In litigation matters, the “loser pays” provision of the bill is actually a “think carefully before you reject this offer” provision. This rule […]
Sellers of Interests in Oil, Gas and Mineral Rights Are Subject to Securities Laws
Most sophisticated business people know that, for a corporation to sell shares of its stock on a public exchange like NASDAQ or the New York Stock Exchange, the corporation must first register those shares of stock with the federal Securities and Exchange Commission. This is a requirement of federal law, enacted in response to the […]
Buyer Beware of Shell Companies and Aged Shelf Corporations
We recently have become aware of companies aggressively selling so-called “shell companies” or “aged shelf corporations” on the Internet and want to warn our clients and referral sources to be aware of our concerns about using them to form a business. An aged entity may come with existing and contingent liabilities with respect to the […]
Non-compete agreements now more enforceable
The Texas Supreme Court’s recent ruling in Marsh USA, Inc., et al. v. Cook makes agreements not to compete more enforceable in Texas. The Court held that, under the terms of the Covenants Not to Compete Act, the consideration for the non-compete agreement (stock options in this case) is reasonably related to the company’s interest […]
Landowner Considerations: Eagle Ford Shale Leases
The last two years have seen a tremendous upturn in leasing activity in south Texas with E&P companies competing for positions in the Eagle Ford shale play, which spans in area running northeast to southwest from Grimes County on the northeast end of the play to Maverick and Webb counties on the southwest end of […]
Why Your Computer Can Be Your Worst Enemy in Litigation – Part 3 in a 3 Part Series
Do not assume that you can avoid producing damaging evidence, or avoid the burden of searching for relevant, electronically stored information (ESI) simply by hitting a delete button or allowing the documentation to be periodically destroyed by pre-established document retention policies. This is the easiest way to have harsh sanctions and potentially a catastrophic judgment […]
