Branscomb Law Names Three New Members
Branscomb Law announces the promotion of three lawyers to membership in the firm, effective January 2, 2021: Casey Rickard, Clint Buck, and J.D. Egbert.
US Supreme Court Clarifies Automatic Stay Rule Applicable to Retention of Debtor Property
Most financial institutions are well aware of the automatic stay in bankruptcy and have processes in place to avoid the harsh penalties that could accompany a violation. On January 14, 2021, a unanimous* United States Supreme Court handed down a ruling discussing an alleged violation of the stay and clarified the obligations of creditors in […]
Branscomb Law Member Elected to Fellows of the American Bar Foundation
Branscomb Law is pleased to announce that member Michael W. Stukenberg has been elected a Fellow of the American Bar Foundation (“ABF”). The ABF Fellows constitute a global honorary society of attorneys, judges, law faculty and legal scholars whose public and private careers have demonstrated outstanding dedication to the highest principles of the legal profession […]
Make Gifts Now to Lock in Estate Tax Savings
In 2017, Congress passed the Tax Cuts and Jobs Act (the “TCJA”), which increased the lifetime individual exemption from estate and gift tax to $10 million. The exemption is adjusted for inflation from time to time, so the exemption for 2020 is now $11.58 million (over $23 million for married couples). The TCJA also provides, […]
Best Lawyers® in America 2021 Recognizes 13 Branscomb Law Attorneys
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 – Trusts and […]
Covid-19 and ADA Confidentiality Obligations
Employers covered by the Americans With Disabilities Act (i.e., generally, those with 15 or more employees) are required to keep an employee’s medical information confidential. There has been some uncertainty as to whether these obligations apply to medical information related to COVID-19. Specifically, employers want to know what they can require their employees to disclose […]
A Landman’s Guide to Force Majeure and Shut-In Royalty Clauses in a Covid-19 Environment
A. Force Majeure Step 1. Determine if the Lease has a force majeure clause. Texas courts will not imply a force majeure clause into a Lease. Step 2. Determine whether the current circumstances are specifically covered by the force majeure clause. Broadly speaking, an event will be within the scope of the force majeure clause if: 1) […]
Unemployment Claims
Although there can be nuances that may impact this general information, with respect to unemployment in this COVID-19 era, it is important for employers to indicate in some fashion in their unemployment response that the hours cut or separation is COVID-19 related. It appears that the Texas Workforce Commission is granting unemployment benefits and categorizing […]
Insurance Coverage for COVID-19 Losses?
In the current climate, many businesses are wondering whether their insurance covers losses of property or income caused by Covid-19. The answer is it depends on the exact language of the policy. The language of each individual policy governs the scope of its coverage, and they vary widely. Some have specific endorsements excluding coverage for […]
Visiting a Ward During the COVID-19 Outbreak
If you have been appointed the guardian (a “Guardian”) of an incapacitated person (the “Ward”), it is your duty to perform regular visits with the Ward. However, with the arrival of COVID-19, and the increased vulnerability of the elderly and certain compromised incapacitated individuals, many nursing homes and assisted living facilities are not allowing visits […]
