bennettwest

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So far bennettwest has created 104 blog entries.

Enforcing Non-Compete Agreements in Texas

The non-compete statute of the Texas Business and Commerce Code specifies some rules for businesses that want to have employees sign non-compete agreements. Employers have had their workers sign these agreements for many years, but they’ve usually had a hard time actually enforcing a non-compete agreement when employees have violated them. The courts have usually [...]

What Is Corporate Self-Dealing?

Partners within a business have a fiduciary duty to act in the company’s best interest. So, too, do banks toward their customers, attorneys toward their clients, and so forth. When someone acts in their own best interest at the expense of those to whom they owe a fiduciary duty, this is referred to as self-dealing. [...]

2021-01-04T17:29:01-06:00December 8th, 2020|Business Law, Business Litigation, Fraud|

The issue of Testamentary Capacity in a Texas Will Contest

To make a valid will, the testator must be of sufficient age and sound mind aka testamentary capacity. When someone executes a will, he or she must have "testamentary capacity," meaning the mental capacity to understand the nature of the act. Without testamentary capacity to make a will, the will could be found invalid in [...]

2021-01-21T10:38:34-06:00November 4th, 2020|Estate Planning, Family Law, Probate, Will Contest|

Transferring Mineral Rights in Texas

Property ownership is an integral part of the American dream. Ownership of property has historically included the cone from the center of the earth to outer-space. You can survey your property and proudly declare that this expanse of land is yours. Legally, ownership of that expanse of land is known as the surface rights estate, [...]

2020-10-28T21:41:07-05:00September 15th, 2020|Oil & Gas, Estate Planning|

Common Mistakes to Avoid Negotiating Mineral Leases

With hundreds of oil and gas wells dotting the landscape, mineral leases are commonplace in the state of Texas. A mineral lease is a legally binding document that sets the terms of an arrangement between the mineral owner and an individual/business (the leaseholder), granting the latter the right to extract minerals. (The mineral owner may [...]

2020-10-06T13:14:05-05:00September 15th, 2020|Oil & Gas|

Is Your Case Suitable for JP Court?

Small Civil Claims Effective September 1, 2020, Texas law will change to allow parties to bring civil actions for up to $20,000 in our justice of the peace courts. Prior to that, the limit was $10,000, and had not changed since 2007.  Television shows like “The People’s Court” and “Judge Judy” have popularized the concept of [...]

2020-10-06T13:14:11-05:00August 20th, 2020|Business Litigation|

Corporate Bankruptcy Statistics and Facts

When starting a new business many people people do not think that bankruptcy could happen to them. The unfortunate reality is that whether it is poor personal choices or unforeseen outside factors, corporate bankruptcy can happen to either small or large businesses. Regardless of product, service, or how long a company has been operating, debt [...]

2020-10-06T13:39:58-05:00April 30th, 2020|Business Law|

What You Need to Know About Deeds of Trust in Texas

While countless Texans have borrowed money from a lender to purchase real estate, many are unaware that Texas is a “deed of trust” state. A deed of trust is used to create a security interest in real property as collateral for a loan.  A deed of trust is similar to a mortgage, but a deed [...]

2020-10-06T13:14:21-05:00April 1st, 2020|Real Estate|

Spousal Maintenance Agreements

Spousal maintenance, money paid to a former spouse after a divorce, is sometimes referred to as alimony. In Texas, when the court orders that one spouse make payments to another, this is referred to as court-ordered spousal maintenance. A spouse can ask for post-divorce support from the other during a divorce proceeding and private alimony [...]

2020-10-05T10:43:47-05:00March 30th, 2020|Family Law|

A Guide for Divorced Parents on COVID-19

COVID-19 & Extended Spring Breaks As more and more local schools announce that they are extending Spring Break in response to the global novel coronavirus pandemic, parents are asking how will the extension of Spring Break affect their rights under existing possession orders.  The short answer is that there is no definitive binding legal [...]

2020-03-13T11:06:10-05:00March 13th, 2020|Business Law, Business Litigation|
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