In the complex and nuanced world of the law, discerning the quality of service and advocacy provided by your attorney is paramount. Recognizing potential concerns in your legal representation allows for timely interventions that could significantly impact the outcome of your case. In this article, we outline several red flags that might suggest the need […]
Author: Philip Silberman
What is a Notice of Interest in a Real Estate Transaction?
If you have ever been involved in a transaction where a real estate investor sought to purchase your property, then you have likely come across a Notice of Interest document in the process of completing that transaction. A Notice of Interest (NOI) in real estate serves as a declaration of one’s legal interest in a […]
Balancing Equities in Partition Lawsuits
In the realm of property ownership, disputes can arise, especially when co-owners cannot agree on how to manage, divide, or even sell the property. In Texas, one common legal recourse for resolving such disputes is through a partition lawsuit. Once a partition lawsuit is filed, and after the court proportions the shares of the property, […]
Is There a Difference Between a Condo and a Townhome?
From the outside, it is hard to determine the difference between a condominium and a townhome. However, in Texas there are legal protections for condo owners that do not exist for townhome owners. There is also a significant difference in what portions of the property you own. The distinctions should be carefully considered when buying […]
Executive Compensation Regulation in Texas
The recent controversy surrounding Elon Musk’s compensation package, which was invalidated by a Delaware judge, has cast a spotlight on the intricate world of executive compensation. This high-profile case serves as a compelling entry point into the broader discussion on how Texas corporations can navigate the complexities of structuring executive compensation packages. While Tesla’s situation […]
Understanding Inheritance of Community Property in Texas Blended Families
In Texas, the concept of community property plays a pivotal role in how assets are distributed upon the death of a spouse, particularly when it comes to blended families. This unique legal framework can often lead to unexpected outcomes without proper understanding and planning. What is Community Property? Community property, under Texas law, encompasses almost […]
Understanding Texas’s Anti-Lapse Statute
What happens when the intended recipient of a testamentary gift dies before or alongside the testator? In Texas, unless the will provides otherwise, the default answer is that the gift lapses – that is, that the provision containing the gift is treated as if it were not part of the will. If the will has […]
Navigating Post-Judgment Receivership in Texas
When a prevailing party, typically a plaintiff or claimant, is awarded a judgment in Texas, the legal journey doesn’t always end there. In certain situations, the enforcement of judgments can be extensive and may involve the appointment of a post-judgment receiver. This legal mechanism, known as post-judgment receivership, plays a crucial role in ensuring the […]
The Applicability of Personal Guarantees in Texas
A personal guarantee is a legal undertaking by an individual (the guarantor) to repay a loan given to a business if the business itself fails to repay. This commitment is commonly requested by lenders when a business does not have sufficient credit history or assets to secure a loan. Personal guarantees are governed by state […]
Employment Agreements and Bonus Incentives
We previously covered general considerations of employment agreements in Texas. Today, we give extra considerations to disputes that may arise from such agreements, or the lack thereof, with a focus on bonus pay incentives. Wages paid on commission and bonuses are typically subject to the terms of either an agreement between the employee and employer or […]