In the energy industry, it is common for parties to enter into legal agreements directing drilling and day-to-day operations of oil and gas wells. These agreements are commonly known as master service agreements.Master Service Agreements and IndemnityThese agreements detail the rights and obligations that each party has during drilling operations. Prior to 1985, parties involved […]
Author: Philip Silberman
Remote Online Notarization (RON) Now Available in Texas
The 85th Texas legislature passed changes to the law that now allow notarization to occur virtually through an online process. Senate Bill 2128, enacted in 2019, modifies Section 193 of the Local Government Code and Section 12 of the Property Code to create a scheme for recording documents notarized online. How is Online Notarization Different […]
Unjust Enrichment: Compensation for Real Estate Improvements
At one time, a property owner was under no obligation to repay another for making unauthorized improvements to property, even if the improvements were made in good faith. Over the decades, Texas courts have modified this rule to allow parties to seek equitable relief for improvements made to real property, as long as no express […]
Removing Fraudulent Deeds and Liens in Texas
When a lien or real property conveyance is made by a fraudulent document, a party can bring an action under Subchapter J of the Texas Government Code to have the fraudulent document removed from the real property records. This statute provides an expedited process for removing the fraudulent instrument that is more cost effective and […]
Estate Planning for Parents of Young Children
While many people do not think about making a will until retirement age, it is just as important for younger adults. For parents with young children, it is imperative to have a valid and updated will. Not only does a will direct who will inherit in the event of death, but also allows parents to […]
Force Majeure Clauses and Coronavirus
The spread of COVID-19 has proved incredibly disruptive, forcing the postponement or cancellation of many private and public events. High profile events that suffered cancellation included the Houston Livestock Show and Rodeo and Austin’s iconic South by Southwest (SXSW). State and local orders mandating social distancing have also made many private events impossible, including weddings, […]
What the Coronavirus $2T Stimulus Package Means for TX Small Business
Small businesses across Texas have been crippled because of “stay at home” and “shelter in place” orders due to the coronavirus pandemic. Most recently, Governor Abbott signed an executive order consolidating its local predecessors and limiting non-essential activity until April 30, 2020. In order to rescue America’s economy, the federal government recently passed into law, […]
Proving Up Attorney’s Fees in Texas After Rohrmoos
When seeking attorney’s fees, the general rule is that a claimant must provide evidence of the number of reasonable hours worked multiplied by a reasonable hourly rate. This is known as the lodestar method and requires a claimant to provide sufficient evidence for both rate and hours.In April of 2019, the Texas Supreme Court provided […]
Vacating a Default Judgment in Texas
A default judgment is granted by the trial court when a defendant hasn’t filed a timely response. This means that a defendant did not respond to the lawsuit by 10 a.m. on the Monday after 20 days has elapsed from the date of service as dictated by Rule 83 of the Texas Rules of Civil […]
Where a Texas Deposition May Be Taken
The deposition is one of the most valuable pre-trial discovery methods in a trial attorney’s arsenal. Depositions allow parties to a suit to obtain the testimony of witnesses and parties involved in an action. The deponent’s testimony is given under oath and recorded for evidentiary purposes. Notice Procedure for Oral Depositions The Texas Rules of Civil Procedure […]