A Deal’s a Deal – Right?

Posted on Mar 2, 2020

“In Texas, a deal is, of course, a deal.” That’s how the Supreme Court of Texas started off its recent opinion in Chalker Energy Partners III, LLC et. al v. Le Norman Operating, LLC. But by the end of the opinion, the Court had determined—as it has many times before—that an alleged agreement between the […]

Recent Tax Law Changes Impacting Tax Exempt Organizations

Posted on Feb 7, 2020

Net Investment Income Tax on Private Foundations Simplified The 2020 appropriations legislation signed into law by President Trump on December 20, 2019 streamlines the excise tax most private foundations are required to pay on their net investment income. The former two-tiered regime taxed private foundations’ net investment income at a default 2% tax rate.  However, […]

Branscomb Law Litigators Win High Dollar Mineral Cases

Posted on Dec 18, 2019

Landowners and holders of mineral rights sometimes find themselves in legal fights over their property. These conflicts can take a nearly limitless variety of forms. They can be over surface usage, surface ownership, oil and gas title, royalty payments, or some combination. Disagreements can arise with rival landowners, oil and gas companies, or both at […]

Do I Need a Survey When Buying Property?

Posted on Nov 1, 2019

When buying a home or any type of property, such as raw land or commercial property, you might ask: Do I really need a survey?  The tried and true real estate lawyer answer, “it depends,” comes to mind, but, you really should consider purchasing (or asking the seller to purchase) a survey when buying real […]

U.S. Department of Labor Issues Final Overtime Rule

Posted on Sep 30, 2019

On September 24 2019, the United States Department of Labor (DOL) issued its Final Rule increasing the threshold amounts for exempt status under the Fair Labor Standards Act (FLSA). The FLSA empowers the DOL to define and delimit the requirements for certain employees to be exempt from overtime.  The DOL has expressed what is required […]

2019 Legislature Narrows Texas Citizens Participation Act to Clean Up Eight-Year Mess

Posted on Sep 10, 2019

On June 2, 2019, Governor Abbott signed a bill amending the Texas Citizens Participation Act (“TCPA” or “Act”) to clarify and narrow its scope. The changes will help slow a years-long torrent of litigation over the meaning and reach of the legislation. In 2011, the 82nd Legislature passed the TCPA to protect citizens’ rights to […]

Best Lawyers® in America 2020 Recognizes 13 Branscomb Law Attorneys

Posted on Aug 15, 2019

Branscomb Law congratulates its lawyers included on the list: Austin Jeff Dickerson (2010) Corporate Law Jim Robichaux (2007) Commercial Litigation; Mass Tort Litigation / Class Actions – Defendants Craig Williams (2008) Real Estate Law Corpus Christi Jim Clancy (2012) Commercial Litigation Omar Leal (2013) Trusts and Estates Scott Sherman (2008) Trusts and Estates; Litigation – […]

Texas Supreme Court: You Can’t Claim Fraud If It’s in Writing and You Signed It

Posted on Mar 21, 2019

The Texas Supreme Court recently reaffirmed a contracting party’s ability to protect itself from liability for fraudulent inducement by bargaining for specific disclaimers of reliance on any extra-contractual statements. This decision serves as an important reminder of the power of such disclaimers, which can even bar actions based on post-signing misrepresentations if the parties later […]

Applications for Open-Space Agricultural Use Appraisal—What You Need to Know to Protect Your Ag Use Valuation

Posted on Mar 12, 2019

If you own land and have claimed an agricultural exemption, you may be familiar with the Texas Comptroller’s Application for 1-d-1 (Open-Space) Agricultural Use Appraisal. Certain landowners have recently received notices—surprisingly, in some cases—from their appraisal districts requesting that they file a new application, despite having previously received the appraisal. The precise reasons for reapplication […]

As Employers, Ranch Owners Should Consider Workers Compensation Coverage

Posted on Sep 24, 2018

In Texas, it is common for large landowners to engage in ranching as a business. The reasons may vary from providing the sole or major source of income for the owners to retaining certain tax exemptions for the property. Regardless of the reason for engaging in ranching operations, there are certain risks and liabilities to […]