Cleve Clinton

Cleve Clinton

Gray Reed & McGraw, P.C.

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Employee Embezzlement: 4 Tell-Tale Signs

Having started as a bookkeeper and worked his way (fifteen years later) to become controller of the Bunz in the Oven family owned business, Swendoll Hugh felt underpaid and under-appreciated by Bertha Bunz and her highly...more

7/27/2016 - Accounting Controls Accounting Fraud Embezzlement Fraud Policies and Procedures Small Business

Concealed Carry Permits & Regulatory Reporting Requirements: Who Decides?

How do subjective decisions of government officials, when it comes to issuing any kind of permit, affect private citizens? What are the risks of making any sort of “ownership database” publicly accessible?...more

6/30/2016 - Concealed Carry Permit Concealed Weapons Firearms Good Cause Gun Laws Registration Requirement Second Amendment

Trial & Heirs: 5 Estate Planning Stumbling Blocks

Last month, Prince died at the ripe young age of 57. He had no will, as reported by his only full sibling (a sister). She filed for probate of his estate in Minnesota, where he owned a home in Paisley Park. Under Minnesota...more

5/26/2016 - Asset Management Estate Planning Estate Tax Heirs Music Industry Prince Probate Trusts Wills

“Best Interests” of Investors and Employees

Ima Knowitall, owner of All My Business Ideas (AMBI), just read the Wall Street Journal article on new Department of Labor (DOL) regulations and called her financial advisor, Phillip Coffers. Mindful of last fall’s Tilting...more

4/25/2016 - 401k Best Interest Contract Exemptions Broker-Dealer DOL ERISA Fiduciary Duty Investment Adviser IRA Retirement Plan

Moving Your Company to Texas or Just Across the Street? Top 5 Considerations

Fleeing the California minimum wage increase, N. O. Smelz, owner of Smelz Carpet Cleaning calls his friend and fellow entrepreneur Billy Brazos to announce that he’s moving to Texas and to ask for any advice. Having just...more

3/31/2016 - Business Advice Business Entities Doing Business Employee Handbooks Foreign Entities Registration Requirement Reorganizations

Defamation: Internet Crisis Control

Arriving at his warehouse last week Knott Faire, owner of Faire Carpet Cleaning, discovered yet another complaining critique posted on WELP: “Lots of hype, a mediocre cleaning and a hassle at the end. Don’t get tied up with...more

2/26/2016 - Communications Decency Act Defamation Internet Service Providers (ISPs) Online Reputation Online Reviews Reputation Management Search Engines

Top 8 Pitfalls of Arbitration

After months of arguing over defective solar panels with his supplier, California X-Tra Green Solar, Ed Ezeeout finally calls his favorite attorney at Fixx, Itt & Quick. Dutifully gathering all emails, invoices and transport...more

1/27/2016 - Arbitration Federal Arbitration Act

Holiday Parties – Top 10 Tips to Avoid Holiday Hangups

Wanting to avoid hang-ups at its annual firm holiday party, the law firm of Dewey Cheatham and Howe invited its employees, their spouses and dates, and offered everyone a complimentary Uber ride home. For those living too far...more

12/23/2015 - Employer Liability Issues Holiday Parties Uber

Common Law Business Partnership – Can You Have a Partner Despite a Contrary Agreement?

Believing that a non-binding term sheet and earlier written agreements precluded any unwritten partnership, Original Oil Production Services (OOPS) cut out its colleague Petroleum United Transfer Zenith (PUTZ) and secretly...more

11/18/2015 - Breach of Duty Disgorgement Duty of Loyalty Fiduciary Duty Partnerships

Employee Benefits – Do Employers Owe a 401(k) Fiduciary Duty?

Back in July, we discussed how Jed Clampett of Mama’s Fried Pies caused his VP of marketing Elly May to suffer exorbitant taxes due to a deferred bonus that he offered.  This month, Jed finds himself again in the grease with...more

10/20/2015 - 401k Due Diligence Employee Benefits ERISA Fiduciary Duty Financial Planning Penalties Plan Administrators Retirement Plan SCOTUS

Eminent Domain and Condemnation – What’s It All About?

Texan ranch owner Hugh Steerman (fondly known as “Gramps”) just received notice that his family’s fourth-generation, 2,000-acre, Rambling Steer Ranch is a possible pathway for the West Texas Rail from Fort Worth to El Paso....more

9/22/2015 - Condemnation Eminent Domain Homeowner Bill of Rights Just Compensation Residential Property Owners

Can You Videotape Someone Else’s Conversation?

Careful about protecting the safety of his customers, A.R. Remington, owner of Fishinabarrel Gun Range, installed surveillance cameras to blanket his premises, except the restrooms. Last week while target practicing with his...more

8/18/2015 - Audio Recording Eavesdropping Employee Handbooks First Amendment Healthcare Nursing Homes Privacy Concerns Public Disclosure Public Disclosure of Private Facts Reasonable Expectation of Privacy Retail Market Retailers Surveillance Video Recordings Wiretap Act Wiretapping

Open Carry? Or Not?

Police Chief Steroid McMuscles reported that Colt Glockenhand who entered Wally-Mart with a shotgun was not charged with “engaging in the lawful open carry of a pump-action shotgun” – a violation of the Cut and Shoot town...more

7/29/2015 - Airports Concealed Carry Permit Concealed Weapons Educational Institutions Gun Laws Misdemeanors Wine & Alcohol

Hack Attack?

Breathing a sigh of relief that he neither works for U.S. agencies requiring security clearances nor do his hiring policies require the details of mental illnesses, drug and alcohol use, past arrests, bankruptcies, Joe Hyre...more

6/23/2015 - Best Practices Cyber Attacks Cyber Insurance Data Breach Employer Liability Issues Employment Policies Former Employee Hackers Hiring & Firing Passwords Personally Identifiable Information Risk Management Social Media Social Media Policy

The Top 3 Things Tom Brady Can Learn From Blue Bell Creameries: “Nothing is More Important To Us Than Maintaining Your Trust”

Take it Seriously. A week ago, when asked about the “elephant in the room,” New England Patriots quarterback Tom Brady replied before 4,000 cheering and laughing Patriots fans “Where? When I digest it fully, I’ll be sure to...more

5/15/2015 - Crisis Management Individual Accountability Reputation Management

Avoiding Job Applicants who Smoke: Is Snuffing out Smokers Discrimination?

Faced with increasing healthcare costs and wanting to be a good role model, Gus Grohcer of Canned Foods 4 Less advises all prospective employees that he does not hire smokers and tests for nicotine, making all job offers...more

4/30/2015 - Employer Group Health Plans Employment Policies Health Insurance Hiring & Firing Smoking Bans

The Coming Silver Tsunami: Families May Lose 70% in Wealth Transfer

Record Wealth Transfer. Over the next 30-40 years about $12 trillion from those born in 1920s and 30s will be transferred to the baby boomers, and the boomers are expected to transfer some $30 trillion to their heirs, with...more

3/26/2015 - Beneficiaries Family Businesses Successors

Left Shark and Lawsuits – Who Gets Bitten in the End?

Halftime was just the Beginning: A backup dancer in Katy Perry’s Super Bowl halftime show goes viral upstaging the singer, Tom Brady and Russell Wilson for MVP. Thanks to social media, “Left Shark” became a “thing” overnight...more

2/11/2015 - 3D Printing Copyright Copyright Infringement Entertainment Industry

Finding Fault with Fracking – Lawsuits and Earthquakes

Lisa Frick, our fictional Denton resident, who collected anti-fracking ordinance signatures to put on the Denton City Ballot now complains that fracking near old Texas Stadium caused earthquakes that harmed her twin sister...more

1/29/2015 - Earthquakes Fracking Local Ordinance Oil & Gas

Sony vs. N. Korea – Let Capitalism Fight Totalitarianism!

Cyber terrorism, North Korea, Sony, extortion, free speech, The Interview, international relations, journalistic ethics, cyber security… can it get any better than this?...more

12/23/2014 - Cyber Attacks Cybersecurity Extortion Film Industry Free Speech Hackers Movies North Korea Sony

Fracking! Come and Take It!

Believing that she could no longer endure around-the-clock noise, dust and truck traffic in her residential Denton neighborhood, Lisa Frick and friends collected signatures to put a proposed ordinance on today’s ballot...more

11/7/2014 - Fracking Fracking Bans Urban Planning & Development

Divorce – Impacting Your Meddlin Hands Partners!

To the other four minority owners who enjoyed the meteoric rise of Meddlin Hands Cleaning Products, when Lucy Knott sued their majority partner Tigh A. Knott for divorce, the divorce was anything but routine. Lucy wants half...more

10/22/2014 - Divorce Marital Assets Prenuptial Agreements Shareholders

Texting Trouble: Who’s Liable?

I.M. Dense, a stockbroker employed by BI Lough was driving to a non-business event when he struck and injured a motorcyclist. On personal time, in a personal vehicle and using a personal cell phone, Dense admitted that he was...more

10/1/2014 - Car Accident Distracted Driving Texting

Weighing in – 1.2 Billion Usernames and Passwords. What, Me Worry About CyberSecurity?

Last month one of our lead articles was Cyber Security: Forewarned is Fair-Warned. Last week the New York Times published an article reporting that at least 1.2 billion usernames and passwords were hacked by a Russian...more

8/25/2014 - Cyber Attacks Cybersecurity Data Breach Hackers Passwords Russia Websites

Cyber Security: Forewarned is Fair-Warned

When Wei Wong, owner of Sushi Mushi, a popular Japanese food bistro in Texas, installed a phone add-on to take credit and debit card payments straight from his employees’ phones, his revenues skyrocketed. Yesterday the Feds...more

7/25/2014 - Best Management Practices Cyber Insurance Cybersecurity Cybertheft Data Breach Data Protection Debit and Credit Card Transactions Notice Requirements Popular

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