Winstead PC

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
| Civil Procedure, Taxation, Nonprofit Law

International Protection of Industrial Designs under the Hague System

An industrial design generally constitutes the ornamental or aesthetic aspects of various articles, such as the three dimensional features (e.g., shapes) or two dimensional features (e.g., patterns, lines or colors) of packages,…more
| Intellectual Property, International Law & Trade

The Big Picture of the Employer Shared Responsibility Tax

Ever since the Treasury Department in early 2014 issued final regulations on the employer shared responsibility tax (ESR tax)1 and the related final reporting regulations (ESR regulations)2 under the Patient Protection and…more
| Labor & Employment Law, Health, Taxation

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
| Administrative Law, Commercial Law & Contracts, Labor & Employment Law, Securities Law

Standard of Review for Claim Construction on Appeal

On January 20, 2015, the Supreme Court provided guidance on the standard of review for claim construction on appeal in Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., No. 12-854. The Court held “[w]hen reviewing a district…more
| Civil Procedure, Intellectual Property

Limited Transition Relief Provided for Employer Payment Plans

The Internal Revenue Service (IRS) recently issued additional guidance (Notice 2015-17) addressing the treatment of arrangements whereby an employer reimburses an employee for some or all of the premium expenses incurred for an…more
| Labor & Employment Law, Health, Taxation

Finding Liberation in the Big Picture of the Employer Shared Responsibility Tax

Introduction - 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’’) say, that some of the most significant…more
| Labor & Employment Law, Health, Taxation

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
| Commercial Law & Contracts

Negotiating Your “Series A” Financing

One of your first tasks in financing your technology company is likely to be completing your initial equity financing with outside investors. Typically, these financings are done with a venture capital firm (“VC”), angel…more
| Commercial Law & Contracts, Finance & Banking, Science, Computers, & Technology

Non-Competition Agreements

Take care when entering into non-competition agreements - This post deals with non-competition agreements in Texas. These rules vary from state to state so if you are not in Texas, you should consult with an attorney in…more
| Commercial Law & Contracts, Labor & Employment Law

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
| Communications & Media Law, Finance & Banking, Securities Law

Advisory Board Members

Often a young technology company will seek assistance from more experienced individuals, giving them the position of “Advisory Board Member” and giving equity to a person who agrees to serve in that capacity. This designation…more
| Business Organizations, Commercial Law & Contracts

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
| Labor & Employment Law

National Labor Relations Board Issues Final Rules for Ambush Elections

The National Labor Relations Board (NLRB) has adopted a final rule for what has become known as the “ambush election” rules, which will effectively shorten the time to 10-14 days in which a union election can be held. The…more
| Administrative Law, Labor & Employment Law

Hiring Consultants

Technology companies receive services from a variety of individuals and often use consultants, either for marketing advice, for software development or for other discreet tasks. It’s important to be sure the consultants are…more
| Labor & Employment Law, Science, Computers, & Technology, Taxation
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Contact

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

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Areas of Practice
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Number of Attorneys

100+ Attorneys

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