Lenders are correct in being cautious when foreclosing on commercial properties where the use or storage of hazardous materials may result in liability for environmental contamination. However, the U.S. Comprehensive Environmental Response, Compensation […]
Clients often simultaneously retain a lawyer and an accountant who work together to meet the client's legal needs. For example, in the course of a transaction, the client may need an attorney to address legal issues and document the transaction […]
KRCL Director Joseph M. Coleman presented Managing the Meltdown: An Examination of Creditors' Bankruptcy Strategies to MEMA Financial Services Group, Inc., at the MFSG 2013 Educational Seminar in Detroit September 18.
The risk of spoliation of evidence is a continuing concern in construction litigation. Simply defined, spoliation is the improper alteration or destruction of evidence, proof of which may give rise to a presumption that the evidence would have been harmful […]
In Texas, when a lender forecloses on real estate in a non-judicial foreclosure sale, the foreclosing lender often places a "credit bid" for the property, meaning that, if the bid is accepted, the outstanding debt owed on the note will be credited […]
In the prior Environmental Alert (2 of 3), we discussed Compressed Natural Gas ("CNG") regulations specific to Texas certification requirements and state-collected fees for licensing and permitting related to CNG installations and servicing […]
Michael A. Logan The Texas Supreme Court recently issued an important decision settling insurance coverage issues in the construction defect context that had been undecided or inconsistently applied in the past. Lennar Corp. v. Markel American […]
The Series LLC is a relatively new form of business entity in Texas. It was added to the Texas Business Organizations Code in 2009. Because the Series LLC is new, many attorneys and bank officers are unfamiliar with the opportunity and risks a Series […]
In Counterpoint: Bankruptcy and Assignment of Franchise Agreements Over Franchisor’s Objection,1 published in the Spring 2013 issue of the Journal, William J. Barrett disagreed with the analysis in my article, Assigning a Franchise Agreement over the […]
First amendment scholars widely agree that when it comes to protecting free speech and prohibiting defamation, it is a zero-sum game. The United States Supreme Court has recognized this tension, noting "[w]hatever is added to the field of […]
On June 21, the Texas Supreme Court issued its long-awaited opinion in The Finance Commission of Texas v. Norwood [1],bringing an end to nine years of litigation over minutiae of Texas home equity lending laws. The opinion is important to the banking […]
On June 21, the Texas Supreme Court issued its long-awaited opinion in The Finance Commission of Texas v. Norwood [1],bringing an end to nine years of litigation over minutiae of Texas home equity lending laws. The opinion is important to the banking […]