If a person or entity is sued in Texas, that person or organization has a right to challenge the state court’s jurisdiction, particularly if that person is a non-resident, the person or entity has no connection to Texas, and/or any property involved is not located in Texas. This type of challenge is called a “special […]
Author: Philip Silberman
Venue in Texas
Because the venue of a lawsuit may have a significant impact on the outcome of a court case, it is an important consideration for both plaintiff and defendant. A convenient venue makes the already difficult legal process less challenging. Judge and jury predisposition may also vary depending on venue. The effects of the venue are […]
Time to Answer a Lawsuit in Texas
Being served with a lawsuit may be a seemingly unwarranted shock, but the cost of simply ignoring the lawsuit can be quite high. Drafting a timely answer lays important groundwork for a lawsuit and prevents a default judgment against the defendant. Timeframe to Answer The deadline to file an answer to a lawsuit depends on […]
Independent Contractor Agreements in Texas
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 […]
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 […]
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 […]