When it comes to safeguarding your wealth, trusts are often the first tool people consider. However, the level of protection they offer depends heavily on how they are structured. In the legal world, there is a “conventional wisdom” regarding asset protection, but as with all things in law, the details matter. The Difference Between Revocable […]
Author: Philip Silberman
Can You Copyright a Dance?
The world of intellectual property often struggles to keep pace with digital culture, and the question of whether a dance can be copyrighted is a complex one. The core of copyright law is meant to protect original works of authorship fixed in a tangible form of expression, and while dance can be protected, the law […]
What is a Wraparound Loan?
A wraparound loan, or wraparound transaction, is a specific type of owner finance real estate sale. It is primarily used when a buyer cannot secure traditional bank financing or when the seller has an existing, low-interest mortgage that they do not want to pay off immediately. How a Wraparound Transaction Works In a standard owner […]
Can You Copyright Fashion?
The laws governing intellectual property protection for clothing design, specifically copyright, vary significantly worldwide. In the United States, it is notoriously difficult to obtain copyright protection for functional apparel. The Scope of Copyright Protection Copyright law is designed to protect original works of authorship fixed in a tangible form of expression, typically covering creative works […]
Texas Answer vs. Federal Answer: Understanding Pleading Standards
Filing a formal response to a lawsuit is a critical step for any defendant. However, the complexity of this initial pleading differs significantly between Texas state courts and the federal court system, largely due to Texas’s unique and liberal pleading standards. Texas: The Liberal Pleading Standard Texas state courts are often described as having a […]
Can I Pay an Attorney Just to Answer My Lawsuit?
Yes, it is possible to hire an attorney for the limited purpose of drafting an initial legal answer to a lawsuit, especially if you cannot afford full representation. This is a common practice for individuals facing the threat of a default judgment who need time to secure full counsel or funding. The Threat of a […]
The Step-by-Step Guide to Converting Your Sole Proprietorship to an LLC
Transitioning from a sole proprietorship to a Limited Liability Company (LLC) is a smart move for small business owners seeking asset protection and potential tax advantages. This process involves a series of necessary legal and administrative steps to ensure the new entity is properly formed and separated from the owner. Step 1: Form the LLC […]
The Purpose of an Alternate Juror
The role of an alternate juror is a critical component of ensuring the stability and completion of a jury trial. Their primary purpose is to act as a standby replacement should one of the sworn jurors be unable to complete their service. The Alternate’s Role in the Courtroom An alternate juror is selected and sworn […]
How to Get Someone Committed to a Mental Hospital
When a loved one is suffering from a mental health crisis and is a danger to themselves or others, family members often seek legal intervention to get them immediate help. While this is an emotional and urgent situation, the legal system has specific, often frustrating, procedures for involuntary commitment. The Mental Health Warrant Process The […]
Guardianships For People With Mental Health Issues
Dealing with a loved one who suffers from a severe mental health issue and is unable to care for themselves can be heartbreakingly difficult, especially when you seek legal intervention like a guardianship. Unfortunately, these cases present unique challenges in the Texas legal system. The Challenge of Mental Health Cases Attorneys who specialize in probate […]