In Prosper Florida, Inc. v. Spicy World of USA, Inc., a Texas appellate court was presented with the question: “Who should bear the loss between a buyer and seller of goods when someone fraudulently misdirects payment for the goods to …
Buying a New Company: Conducting Due Diligence
Depending on the nature and size of the business you’re interested in buying, the process of completing due diligence can be straightforward or complex. Fortunately, the basic steps you’ll need to follow are rather standard. After your lawyer has negotiated a …
What is the Difference Between “Retainage” and “Reserved Funds” Under the Texas Property Code?
What is the difference between “retainage” and “reserved funds” under the Texas Property Code? In amendments that were effective as of January 1, 2022, the legislature changed the terminology in the Texas Property Code – “required retainage,” or the amount …
A Peek at Murray-Lobb Attorneys
For over twenty-five years, Murray-Lobb Attorneys have been providing trustworthy and expert legal counsel. Our goal has always been to give our clients the highest return on their investment and to help solve problems in various facets of life, including …
Sexual Harassment at Work: How Should Witnesses Respond?
Victims and witnesses of sexual harassment often feel robbed of their sense of safety and peace of mind. After all, when someone is sexually harassed in an overt and physical manner, an actual assault and battery may have occurred. Sexually …
Choosing Reputable Charities for Your Texas Estate Plan
Many Americans now name one or more charities in their Wills or other estate planning documents to help these important cultural and humanitarian groups maintain adequate funding. However, others less familiar with charitable giving need to understand that, before arranging …
What’s the Difference Between an Independent Contractor and an Employee in Texas and Why Does it Matter for Your Business?
When you hire contract labor for your business, you must ensure that you are not misclassifying an employee for the tax and reporting benefits – if you do, you may have unexpected expenses when the government requires you to pay …
Federal Arbitration Act Amended to Prohibit Mandatory Arbitration Agreements for Sexual Assault and Sexual Harassment Claims
Effective March 3, 2022, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 prohibits the enforcement of mandatory arbitration agreements in sexual assault and sexual harassment disputes. This is a major change to the Federal Arbitration …
Can a Corporation Represent Itself in Texas Courts?
Can a corporation represent itself in Texas courts? You’ve done the work to set up your business properly, you retained corporate counsel to file the documents needed to form a legal business entity, your business is up and running, and …
Notice of Default and Intent to Accelerate – When are Notice Waivers Valid?
A lender must provide notice of default and intent to accelerate to a borrower before initiating foreclosure proceedings, and it is standard practice for lenders to include waivers of the notice requirement in the promissory note, the deed of trust, …