Greater Protections for Engineers in the Texas Oil Patch

Posted on Sep 5, 2014

A recent Texas appellate court opinion has given greater protections to licensed engineers working in the oil patch. In 2003, at the behest of lobbyists for architects and engineers, the Texas Legislature enacted special legislation to insulate certain professionals from “meritless” lawsuits. Basically the legislation requires anyone suing a licensed or registered architect, engineer, land […]

Branscomb | PC Adds Sandra Ramos White

Posted on Sep 4, 2014

We are pleased to announce lawyer Sandra Ramos White has joined Branscomb | PC as a shareholder. Sandra joins the firm’s labor and employment law group. She will focus her practice on advising and counseling employers on a broad range of employment related issues, formulating preventive strategies, drafting employee handbooks and personnel policies and procedures […]

A Recent Shift in Texas Minority Shareholder Oppression Law

Posted on Jul 31, 2014

A minority shareholder in a small, privately-held corporation is often vulnerable to being strong-armed by the majority owner or owners. For example, a majority contingent might deny a minority owner access to corporate books and records, withhold or refuse to pay dividends over the minority’s objection, terminate a minority shareholder’s employment with the corporation, or […]

Rules Regarding Preservation/Destruction of Evidence in Texas

Posted on Jul 18, 2014

In this day and age, businesses have at their fingertips all sorts of electronically generated information. With the popularity of smartphones and relatively inexpensive surveillance camera systems, businesses also have video records of events that may ultimately lead to litigation. Litigants and their attorneys are now making greater demands upon the opposing side to have […]

Judicial Estoppel In Bankruptcy And The Quandary Of The Undisclosed Cause Of Action

Posted on Jun 27, 2014

Collisions occur at the intersection of bankruptcy law and equity. Recently several courts have tried their hands at traffic control where bankruptcy law intersects with the equitable principle known as “judicial estoppel.” The results have been mixed and evidence the tension between the goals of protecting the integrity of the courts and returning value to […]

How Family Limited Partnerships Protect Family Assets

Posted on Jun 9, 2014

A Family Limited Partnership (“FLP”) may be recommended in many situations. Such a situation often arises when a person has contributed or intends to contribute assets to a family business and would like to incorporate a family member into the business while retaining a degree of control over the assets. One of benefits of using […]

Contingent Obligations As Usury Under Texas Law

Posted on May 29, 2014

Penalties for a Usurious Commercial Transaction In Texas, merely contracting for a usurious interest rate is sufficient for a borrower to assert a claim for usury. Tex. Fin. Code Ann. § 305.001(a-1) (West 2013); Bernie’s Custom Coach of Texas, Inc. v. Small Bus. Admin., 987 F.2d 1195, 1197 (5th Cir. 1993) (citations omitted). Of course, […]

Like Grandma Said, “Oil and Water Don’t Mix”

Posted on May 9, 2014

Water is probably the most vital resource in our world. It is important to all forms of life, and to industry and commerce. In Texas, surface water belongs to the State. Surface water is defined as the water of the ordinary flow, underflow, and tides of every flowing river, natural stream, and lake, and of […]

Branscomb PC Adds A. Cade Mason

Posted on Apr 7, 2014

We are pleased to announce attorney A. Cade Mason has joined Branscomb PC as an associate. Cade joins the firm’s business law group. He will focus his practice on business law, including, mergers and acquisitions, securities, and financing. Mason received his law degree from the University of Houston Law Center, cum laude, in 2013; and […]

Agreeing To Make Someone An Additional Insured Can Cost You

Posted on Apr 7, 2014

Imagine this scenario: ABC Contractors and XYZ Corp. enter into a construction contract. The contract requires ABC to indemnify XYZ if ABC is negligent and someone sues XYZ as a result.  The contract also requires ABC to indemnify XYZ against all claims by ABC’s employees that arise out of the work, even if XYZ is at […]