Winstead PC

Start-Up Studios – Another Path For Entrepreneurs

One of the most rewarding aspects of practicing corporate law is the opportunity to represent a business from start-up to successful liquidity event. While a business will face challenges throughout this life-cycle, some of…more

Angel Investors, Entrepreneurs, Funding, IPO, Startups

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The SEC Joins the NLRB and EEOC in the Assault on Employee Confidentiality Agreements and Policies in Workplace Investigations

On April 1, 2015, the United States Securities and Exchange Commission (SEC) announced its first settlement of a whistleblower enforcement action against a company for using confidentiality agreements to stifle the whistleblower…more

Confidentiality Agreements, EEOC, Internal Investigations, KBR (formerly Kellogg Brown & Root), NLRB

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Is Final Really Final? Alternative Patent Prosecution Routes after a Final Office Action

The prosecution of a patent application before the U.S. Patent and Trademark Office (USPTO) can be a prolonged and costly process. The patent prosecution process can include the issuance of an Office Action by the USPTO and the…more

AFCP, Notice of Appeal, Patent Applications, Patent Prosecution, Patent Trial and Appeal Board

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Healthcare Providers Face New Rules Governing the Disposal of Pharmaceuticals

On September 25, 2015, the United States Environmental Protection Agency published a proposed rule concerning “Management Standards for Hazardous Waste Pharmaceuticals”. Under the proposed rule, the term “healthcare facilities”…more

EPA, Hazardous Waste, Health Care Providers, Pharmaceutical Industry, RCRA

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API Protection Under Copyright Is Upheld by Federal Circuit

There has been a lingering, divisive question in the software industry as to whether application programming interfaces (APIs) are entitled to copyright subject matter protection. Critics argue that this type of source code is…more

APIs, Copyright, Copyright Infringement, Google, Oracle

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United States Tax Court, Bob R. Davis and Erin Davis, Petitioners v. Commissioner of Internal Revenue, Respondent (Published Opinion)

Shareholder Marcus Brooks served as lead counsel in Bob R. Davis and Erin Davis, Petitioners v. Commissioner of Internal Revenue, Respondent. The case involved a charitable deduction for a bargain sale to a public charity…more

Charitable Deductions, Charitable Donations, IRS, Property Valuation

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Change in Rules Related to Employee Communications and Use of Employer’s E-mail

Since its 2007 Register Guard decision, the National Labor Relations Board (“NLRB”) has taken the position that employees have no statutory right to use company email for Section 7 purposes (e.g., email communications regarding…more

Email Policies, FLSA, NLRB, Protected Concerted Activity, Purple Communications

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Equity Crowdfunding - A new way to raise money.

So you have a great idea for a new business but don’t have the money to get it off the ground. Equity crowdfunding is now a popular way to draw attention (and potential funders) to startups. But is it the right choice for…more

Crowdfunding, Equity Financing, JOBS Act, Kickstarter, Small Business

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The Mis-“Conception” Of Being An Inventor

Scientists often confuse “authorship” in a manuscript with “inventorship” in a patent application or a patent. More often than not, scientists will list everyone involved with an invention or a manuscript describing the…more

Inventors, Patent Applications, Patents

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Patent Troll

The term “Patent Troll” evokes a certain characteristic storybook image. James Logan of Personal Audio, LLC may not be that gnarled green monster hiding under a bridge, but to many Podcasters he is a similarly threatening…more

Patent Litigation, Patent Trolls, Patents

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Functional Features in Design Patents

The treatment of functional features in design patents was discussed in the recent Federal Circuit case for Sport Dimension, Inc. v. The Coleman Company, Inc., Case No. 15-1553 (Fed. Cir. 2016). The Court rejected the district…more

Claim Construction, Design Patent, Functionality, Patent Litigation, Utility Patents

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Preparing for the Worst: Texas SNDAs get lenders, landlords and tenants on the same page in the event of foreclosure

Subordination, Non-Disturbance and Attornment agreements (SNDAs) allow lenders, landlords and tenants to collectively plan for the worst case scenario — foreclosure. In the event of foreclosure and in the absence of an SNDA,…more

Foreclosure, Landlords, Lenders, SNDAs, Subordination

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Waves of Guidance and Benefit Plan Developments Worth Watching

Notices on Second Round of Privacy and Security Audits are Out, Expat Plans, OON Surgery Center Billing Issues, and New Nondiscrimination Rules for Federal Contractors, New ERISA Civil Monetary Penalties, COBRA Notices and SBCs…more

Affordable Care Act, Civil Monetary Penalty, COBRA, Data Security, DOL

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New IRS Audit Rules: Partnerships and LLCs Should Name A Partnership Representative For IRS Audits

New legislation will govern IRS audits of partnerships and LLCs for tax years beginning after December 31, 2017. The new rules will affect both existing LLCs and partnerships as well as new partnership and LLC agreements,…more

Audits, IRS, LLC, LLC Agreements, Partnership Agreements

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Texas Supreme Court to review certified question from Fifth Circuit in Austin v. Kroger

The Supreme Court of Texas has accepted the Fifth Circuit’s certified question in Austin v. Kroger. The Fifth Circuit’s request for certification formally withdraws its previous controversial opinion. The case could have…more

Kroger, Nonsubscribers, Premises Liability

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What Employer Shared Responsibility Does Not Say

So much energy has been spent on what the final regulations on the employer shared responsibility tax and the related final reporting regulations (the “ESRR”), that some of the most significant considerations have been missed…more

Benefit Plan Sponsors, Employer Liability Issues, Full-Time Employees, Health Insurance, Internal Revenue Code (IRC)

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Diversity at Law Firms in the Post-Recession Era

Law firms’ efforts to achieve diversity in their ranks, especially at the partner level, began as long ago as the early 1990s. They ramped up in the early 2000s as many firms invested heavily in programs designed to recruit and…more

Big Law, Diversity, Recessions, Recruitment Incentives

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New IRS Audit Rules: Partnerships and LLCs Should Name A Partnership Representative For IRS Audits

New legislation will govern IRS audits of partnerships and LLCs for tax years beginning after December 31, 2017. The new rules will affect both existing LLCs and partnerships as well as new partnership and LLC agreements,…more

Audits, IRS, LLC, LLC Agreements, Partnership Agreements

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“Call to Action” May Create Fiduciary Liability under ERISA

Traditional investment advisers, as well as broker-dealers, insurance brokers, banks, and employers, are abuzz with questions and concerns relating to the final regulation issued by the Department of Labor (DOL) on April 8,…more

Best Interest Standard, Conflicts of Interest, DOL, ERISA, Fiduciary Duty

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SEC to Vote on Crowdfunding Proposal to Ease Investor Verification Requirements

On October 23, 2013, the United States Securities and Exchange Commission (the “SEC”) is expected to vote on a SEC proposal that would ease investor verification requirements under the crowdfunding rule. The crowdfunding rule,…more

Crowdfunding, General Solicitation, Investors, JOBS Act, SEC

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Simplified 401(k) Roth Rollover Rules Finalized

Final Roth Rollover Rules Retain Simplification of Prior Notice and Ease Rollovers for Participants with Both Roth and Pre-Tax Amounts in their 401(k) Plan Account - Prior to the proposed rules on Roth 401(k) rollovers…more

401k, Final Rules, IRA Rollovers, IRS, Retirement Plan Providers

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Court Affirms Dismissal Of Will Contest Based On Public Policy Arguments Arising From Sexual Abuse Allegations

In Merrick v. Helter, a daughter who accused her father of sexual abuse attempted to void her father’s will based on public policy grounds. No. 03-14-00708-CV, 2016 Tex. App. LEXIS 8966 (Tex. App.—Austin August 18, 2016, no pet…more

Dismissals, Probate, Public Policy, Rules of Civil Procedure, Sexual Abuse

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A Few Thoughts After “Frankenstorm”

The major impact that Hurricane Sandy had on the East Coast is a good reminder of the importance of the maintenance of sufficient insurance. All condominium projects in Texas (whether they operate under the current Uniform…more

Condominium Associations, Condominiums, Hurricane Sandy, Liability Insurance, Property Damage

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Let’s attract more Chinese investment: State and local success in attracting Chinese firms can be supplemented

As Chinese direct investment through acquisitions and greenfield development in the U.S. continues on its upward trajectory, North Carolina is securing a noteworthy share of the activity. According to the China Business Monitor…more

China, Foreign Investment

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Selling Your Company: The Letter of Intent

One of the first steps in the sale of your company will be entering into a Letter of Intent. In order to avoid drafting lengthy documents and spending time and money on attorneys unnecessarily, you should be certain that the…more

Contract Negotiations, Corporate Sales Transactions, Letters of Intent

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Supreme Court of Texas; Recent Texas Home Equity Lending Decisions

On May 20, 2016, the Supreme Court of Texas (the "Court") issued its opinions in two cases involving Texas home equity lending – Garofolo v. Ocwen Loan Servicing and Wood v. HSBC Bank USA. The decisions are important for the…more

Action to Quiet Title, Breach of Contract, Foreclosure, Forfeiture, Home Equity

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Preparing for the Worst: Texas SNDAs get lenders, landlords and tenants on the same page in the event of foreclosure

Subordination, Non-Disturbance and Attornment agreements (SNDAs) allow lenders, landlords and tenants to collectively plan for the worst case scenario — foreclosure. In the event of foreclosure and in the absence of an SNDA,…more

Foreclosure, Landlords, Lenders, SNDAs, Subordination

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Recent Amendment of SEC’S “Qualified Client” Definition

The SEC recently adopted an amendment increasing the net worth threshold set forth in the definition of "qualified client" under the Advisers Act. For an investment adviser that is registered with the SEC, or one that is…more

Advisory Contracts, High Net-Worth, Investment Advisers Act of 1940, New Amendments, Performance Fee Rule

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New IRS Audit Rules: Partnerships and LLCs Should Name A Partnership Representative For IRS Audits

New legislation will govern IRS audits of partnerships and LLCs for tax years beginning after December 31, 2017. The new rules will affect both existing LLCs and partnerships as well as new partnership and LLC agreements,…more

Audits, IRS, LLC, LLC Agreements, Partnership Agreements

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Supreme Court of Texas; Recent Texas Home Equity Lending Decisions

On May 20, 2016, the Supreme Court of Texas (the "Court") issued its opinions in two cases involving Texas home equity lending – Garofolo v. Ocwen Loan Servicing and Wood v. HSBC Bank USA. The decisions are important for the…more

Action to Quiet Title, Breach of Contract, Foreclosure, Forfeiture, Home Equity

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OCC’s Commercial Real Estate Lending Handbook: Misses the List on Legal Issues

Over the last few weeks, I’ve commented on the new version of the OCC’s Commercial Real Estate Lending Handbook (I give it a gentlemen’s C); and I listed a few legal topics that deserve some guidance from the OCC. …more

Banks, Commercial Real Estate Market, Handbooks, Lenders, Loan Documentation

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Next Phase of HHS Office for Civil Rights HIPAA Audits

On March 21, 2016, the U.S. Department of Health and Human Services, Office for Civil Rights (“OCR”) announced that it has begun its phase 2 Health Insurance Portability and Accountability Act (“HIPAA”) audit program. In 2011…more

Breach Notification Rule, Business Associates, Covered Entities, HIPAA Audits, OCR

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Agencies Propose Incentive Compensation Rules for Financial Institutions

The Federal Deposit Insurance Corporation, the Board of Governors of the Federal Reserve System, the Office of the Comptroller of the Currency and the U.S. Securities and Exchange Commission recently proposed new restrictions on…more

Board of Directors, Clawbacks, Comment Period, Disclosure Requirements, Dodd-Frank

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“Call to Action” May Create Fiduciary Liability under ERISA

Traditional investment advisers, as well as broker-dealers, insurance brokers, banks, and employers, are abuzz with questions and concerns relating to the final regulation issued by the Department of Labor (DOL) on April 8,…more

Best Interest Standard, Conflicts of Interest, DOL, ERISA, Fiduciary Duty

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Healthcare Providers Face New Rules Governing the Disposal of Pharmaceuticals

On September 25, 2015, the United States Environmental Protection Agency published a proposed rule concerning “Management Standards for Hazardous Waste Pharmaceuticals”. Under the proposed rule, the term “healthcare facilities”…more

EPA, Hazardous Waste, Health Care Providers, Pharmaceutical Industry, RCRA

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Adam Carolla Gets It On with Personal Audio Settlement

As part of their settlement, Adam Carolla and Personal Audio LLC agreed to not make any public statements concerning their patent infringement lawsuit until September 30th. On Wednesday’s podcast, Adam Carolla and Mike August,…more

Crowdfunding, Litigation Fees & Costs, Patent Litigation, Patents, Podcasts

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No Shoes, No Shirt, No Guns? Steps Businesses Must Take to Prevent Open Carry by Employees and Customers

Effective January 1, 2016, Concealed Handgun License (CHL) holders are now allowed to carry their guns in visible holsters on their hips or shoulders. Previously, CHL holders were required to conceal their weapon completely from…more

Concealed Carry Permit, Concealed Weapons, Firearms, Gun Laws, Posting Requirements

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Texas Supreme Court Holds that Individual Beneficiary Had Standing to Bring a Legal Malpractice Claim Involving a Loan From an Account Managed by a Corporate Trustee

On May 27, 2016, the Texas Supreme Court held that an individual beneficiary of a self-directed retirement account managed by a corporate trustee had standing to bring legal malpractice claims against a law firm based on advice…more

Attorney Malpractice, Bankruptcy Code, Commercial Bankruptcy, Legal Advice, Loans

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Recent Amendment of SEC’S “Qualified Client” Definition

The SEC recently adopted an amendment increasing the net worth threshold set forth in the definition of "qualified client" under the Advisers Act. For an investment adviser that is registered with the SEC, or one that is…more

Advisory Contracts, High Net-Worth, Investment Advisers Act of 1940, New Amendments, Performance Fee Rule

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No Shoes, No Shirt, No Guns? Steps Businesses Must Take to Prevent Open Carry by Employees and Customers

Effective January 1, 2016, Concealed Handgun License (CHL) holders are now allowed to carry their guns in visible holsters on their hips or shoulders. Previously, CHL holders were required to conceal their weapon completely from…more

Concealed Carry Permit, Concealed Weapons, Firearms, Gun Laws, Posting Requirements

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DOMA Concerns for Nonsubscribers, What You Need to Know Now.

On June 26, 2013, the United States Supreme Court issued a historic 5-4 decision that impacts how federal law is applied to same-sex couples. In United States v. Windsor, the Supreme Court held that Section 3 of the 1996 Defense…more

DOMA, IRS, Nonsubscribers, SCOTUS, Tax Benefits

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Unitary Patents, the Unified Patent Court, Opt-Out Timing, Pros and Cons

Regardless of the June 23, 2016 vote on Brexit, all owners of European patents, and all applicants seeking patents in Europe, will have both new options, and a new set of important decisions to make. Most commentators…more

EU, Jurisdiction, Member State, Opt-Outs, Patent Portfolios

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The Fiscal Cliff for Condominium Developers

Heard enough about the fiscal cliff? Condominium developers should take into consideration the potential liability for assessments on developer owned condominium units when structuring condominium regimes to avoid their own…more

Condominiums, Financing, Fiscal Cliff, Land Developers, Tax Assessment

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Interpreting Arbitration Agreements: Two Key Points from Recent Texas Supreme Court Decisions

The Texas Supreme Court recently added another opinion to its ever-growing body of law interpreting arbitration agreements. The opinion falls in line with prior decisions on two key issues: 1. what amounts to waiver of the right…more

Arbitration Agreements, General Contractors, Housing Developers, Motion to Compel, Non-Signatories

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Agencies Propose Incentive Compensation Rules for Financial Institutions

The Federal Deposit Insurance Corporation, the Board of Governors of the Federal Reserve System, the Office of the Comptroller of the Currency and the U.S. Securities and Exchange Commission recently proposed new restrictions on…more

Board of Directors, Clawbacks, Comment Period, Disclosure Requirements, Dodd-Frank

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Board Oversight of Cybersecurity

Cyber-attacks on U.S. companies have increased over recent years resulting in significant costs to companies. According to surveys, U.S. companies have experienced a 42% increase between 2011 and 2012 in the number of…more

Board of Directors, Corporate Governance, Cyber Attacks, Cybersecurity, Risk Assessment

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Contact

500 Winstead Building
2728 N. Harwood Street
Dallas, TX 75201, United States

  • 214.745.5400
  • 214.745.5390

Areas of Practice
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Class Action
  • Commercial Law & Contracts
  • Construction Law
  • Debtor/Creditor
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Insurance
  • Intellectual Property
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Products Liability
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • North Carolina
  • Texas
Number of Attorneys

100+ Attorneys

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

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