The global pandemic has led to many shifts in the job market, including an increase in the number of independent contractors, or “gig workers.” Whether hiring an independent contractor or working as one, understanding their distinct roles and clearly communicating expectations are essential as businesses and workers adapt to changes in the work force. Independent …
Month: December 2021
The Arbitration Process in Texas
Arbitration has been a part of conflict resolution since King Solomon settled the dispute between two women both claiming to be the mother of the same child. George Washington refers to arbitration in his will. In Texas, the first formal reference to Arbitrated Dispute Resolution, ADR, was in 1845, Article 7, Section 15 of the …
Texas Theft of Trade Secrets
In order for a business to be successful, it often uses information or practices that give it a competitive edge. Protecting that edge means protecting trade secrets. Often tied to production, such as a machine or a process, protecting this proprietary information is essential to the operation of the business. Hyde Corp v. Huffines, 158 …
The Mediation Process in Texas
Even when our legal system works as it should, litigation drains money, time, and energy of the parties involved. When parties are unable to settle a dispute, an objective third party may be able to facilitate a resolution, a process known as mediation. Increasingly, courts are suggesting and even requiring mediation to help parties resolve …
S Corporations in Texas
As a business venture grows, a sole owner of a business may choose to incorporate that business because of the advantages available to corporations. Unlike a sole proprietorship or a general partnership, corporations offer certain tax advantages, limit owner liability, and increase options for raising capital. The size and type of business help determine which …
TREC Rules and Laws Pertaining to Residential Property Managers
The Texas Real Estate Commission (TREC) is a regulatory body in Texas that oversees, among other things, residential property management. Property managers of single-family homes in Texas are usually required to have a broker’s license. Because residential management companies can manage hundreds of properties, their practices need to be professional, efficient, and accurate. They must …
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Trespass to Try Title in Texas
When a dispute over rightful ownership in Texas occurs over land, tenements, or other real property, a “trespass to try title action” is the method for resolving those disputes. Tex. Prop. Code Ann. § 22.001. Once resolved, a trespass to try title action determines ownership of the property and allows the rightful owner immediate possession …
Quiet Title Actions in Texas
An important part of a real estate transaction is making sure that the title to the property is free and clear, meaning that no questions exist about ownership or liens against the property. Ideally, a title company or real estate lawyer ensures that such questions are identified and resolved before closing, confirming a “clear title” …
Partition Lawsuits in Texas
Co-ownership of a property is possible and often benefits those owners, particularly when they share the property without complaint or dispute. Not all co-ownership goes smoothly, however. If the relationship among co-owners changes, and one or more of the owners is no longer interested in co-ownership, Texas law provides an option for dividing up, or …