Author Info for Winstead PC

John Adolph

[Webinar] Business Owners’ Guide to the Paycheck Protection Program

Join Winstead for an overview of the Paycheck Protection Program (PPP) and other loan opportunities administered by the Small Business Administration (SBA) under the Coronavirus Aid, Relief, and Economic Security Act (CARES…more

CARES Act, Coronavirus/COVID-19, Economic Injury Disaster Loans, Paycheck Protection Program (PPP), SBA

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Alex Allemann

Investing in SAFE and Convertible Note Rounds: Know Your Bedmates!

Early-stage companies often rely on Simple Agreements for Future Equity (SAFEs) and convertible promissory notes to raise capital either prior to a company's first priced preferred equity round, or to raise bridge capital…more

Capital Raising, Convertible Notes, Corporate Financing, Early Stage Companies, Entrepreneurs

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Art Anderson

Taking the Mulligan: The Land Use Regulatory Hurdles in Golf Course Repurposing

There are numerous obstacles facing developers attempting to repurpose a golf course. It can be politically controversial. Nearby residents often oppose the idea of replacing a low intensity, visually pleasing quasi-natural…more

Golf Courses, Land Use Restrictions, Land-Use Permits, Real Estate Development, Zoning Laws

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Jarrod Azopardi

SEC Proposes Extensive Rule Changes for Private Fund Advisers

On February 9, 2022, the Securities and Exchange Commission (SEC) proposed new rules and amendments under the Investment Advisers Act of 1940 (Advisers Act) to enhance the regulation of private fund advisers. The proposed new…more

Comment Period, Investment Adviser, Investment Advisers Act of 1940, Investment Funds, Investors

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Robert Bass

Summary of march 31, 2020, Executive Order of Governor Abbott: Texas Residential and Commercial Construction Update

On March 31, 2020, Governor Abbott issued Executive Order GA 14 (the “Executive Order”) relating to statewide continuity of essential services and activities during the COVID-19 disaster. The Executive Order becomes effective at…more

Construction Industry, Construction Project, Coronavirus/COVID-19, Critical Infrastructure Sectors, Executive Orders

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Jeff Bates

The Silicon Valley Bank Failure: Implications on Commercial Leasing

This past Friday, March 10, 2023, the Federal Deposit Insurance Corp. (FDIC) announced its takeover of the failed Silicon Valley Bank (“SVB”) after a run on the bank late last week caused the largest-scale U.S. bank failure…more

Banks, Commercial Leases, Deposit Accounts, Deposit Insurance, FDIC

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Garrett Bell

2023 Texas Legislative Update: Issues Affecting Real Estate Entitlement and Development

House Bill 14 (by Harris (R), House District 8, Palestine, Anderson County, Texas) - Effective September 1, 2023 - THIRD-PARTY REVIEW OF PLATS, PLANS, PERMITS AND INSPECTIONS - HB 14 adds a new Chapter 247 to the Texas…more

Annexation, Building Inspectors, Building Permits, Construction Project, Municipalities

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Daniel Bell-Garcia

[Virtual Half-Day Seminar] Real Estate Startup - April 18th, 9:00 am - 12:15 pm CST

On April 18, join Winstead attorneys Trip Dyer, Ben Gehlbach, Daniel Bell-Garcia, Jacob Loehr, Matt Dzura, and Cole Gearhart, along with Whitley Penn Partner Shea Krachek, for our Real Estate Startup half-day virtual seminar…more

Acquisitions, Best Practices, Business Entities, Business Formation, Business Pursuits

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John Bergner

Estate Planning Ramifications of a Democratic Sweep

On January 5, 2021, Georgia Democrats Jon Ossoff and Raphael Warnock defeated GOP incumbents David Perdue and Kelly Loeffler in their Senate runoff elections, giving the Democrats 50 seats in the Senate. Vice President Kamala…more

Election Results, Estate Planning, Generation-Skipping Transfer, Grantor Retained Annuity Trusts (GRATs), Political Parties

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Cathryn Berryman

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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Clara Betancourt

Texas Franchise Tax Update: Key Exemptions and Reporting Changes for Businesses

Always forgetting to file your Texas Franchise Tax Reports on time? Starting in 2024, you might find yourself exempt from this task…more

Beneficial Owner, Business Taxes, Compliance, Corporate Transparency Act, Franchise Taxes

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Matthew Bone

Working Capital and Accounts Receivable

When acquiring or selling a company, many nuances exist in various stages of the process, some of which are not readily apparent on their face. One of those nuances is the interplay between accounts receivable and working…more

Accounts Receivable, Acquisitions, Capital Assets, Contract Drafting, Contract Terms

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Tanner Brennan

New Stock Exchange Set to Launch in Texas

For nearly 200 years after its inception in 1792, the New York Stock Exchange (“NYSE”) faced insignificant competition as the premier stock exchange within the United States. Then, alongside the technological surge of the late…more

BlackRock, Exchange-Traded Products, Nasdaq, NYSE, Publicly-Traded Companies

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Marcus Brooks

The Corporate Transparency Act (Part 4): Beneficial Owners and Company Applicants Defined Under the CTA

On January 1, 2021, Congress enacted the Corporate Transparency Act (the “CTA”) as part of the Anti-Money Laundering Act of 2020 and its annual National Defense Authorization Act. The new legislation requires certain entities to…more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, FinCEN, NDAA

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Bob Burton

Thoughts on Achieving Financial and Social Sustainability

In Texas and nationally over the past 15 years we have seen a higher number of condominium projects being developed. The reasons vary, but include a desire for greater density as a means to accommodate higher land prices and/or…more

Condominiums, Housing Developers, Real Estate Development, Real Estate Market

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Lindsay Canning

What’s in Your Letter of Intent?

Letters of Intent (“LOI”) are often seen as a swift and cost-effective method of gauging whether the parties discussing a proposed transaction have reached a consensus on material terms to warrant proceeding to drafting and…more

Contract Negotiations, Contract Terms, Letters of Intent, Purchase Agreement

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Frank Carroll

Arbitration for All: Texas Supreme Court Hands Down Two Big Wins for Developers and Builders Seeking to Enforce Arbitration Agreements in Construction Cases

While it may seem evident that household members and subsequent purchasers bringing a construction defect claim are bound by the arbitration provision contained in the purchase and sale contract for the home, that was not the…more

Arbitration, Arbitration Agreements, Construction Contracts, Construction Defects, Construction Industry

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Jeff Chadwick

Estate Planning Ramifications of a Democratic Sweep

On January 5, 2021, Georgia Democrats Jon Ossoff and Raphael Warnock defeated GOP incumbents David Perdue and Kelly Loeffler in their Senate runoff elections, giving the Democrats 50 seats in the Senate. Vice President Kamala…more

Election Results, Estate Planning, Generation-Skipping Transfer, Grantor Retained Annuity Trusts (GRATs), Political Parties

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Annmarie Chiarello

Landlords: “Pausing” Retail Bankruptcies in the Time of COVID-19

Bankruptcy Code Rent Protection for Landlords: The Bankruptcy Code provides that the company in bankruptcy shall "timely" perform all obligations of a lease arising "from and after" the bankruptcy filing date through the date…more

Bankruptcy Code, Chapter 11, Commercial Bankruptcy, Commercial Leases, Coronavirus/COVID-19

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Marsha Clarke

New Threat to Payroll and Personal Information, Returns or Payments Due Today, and New Recommendations on Health insurance/Plan Changes

Payroll Threats and Protecting Personal Information - In case you have not been checking the FBI warnings (I realize those are unusual words for a benefits person), you and your employees should know of one of such warnings…more

Department of Health and Human Services (HHS), Department of Labor (DOL), Email, FBI, Healthcare

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Ashley Cline

"Luxury Makeovers" Reinvigorate Classic Shopping Centers

A Dallas-based developer has acquired one of the oldest shopping centers in America and proposes to reinvigorate the center with a “luxury makeover.”…more

Brick-and-Mortar Stores, Commercial Leases, Commercial Tenants, Retailers, Shopping Centers

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Jason Cramer

Nasdaq Proposal to Adopt Listing Rules Related to Board Diversity

On December 1, 2020, Nasdaq filed with the Securities and Exchange Commission (SEC) a proposal to adopt new listing rules related to board diversity. If approved, the new listing rules would require Nasdaq-listed companies,…more

Board of Directors, Corporate Governance, Disclosure Requirements, Diversity and Inclusion Standards (D&I), LGBTQ

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Nick Curley

Ripple’s Legal Waves: Ripple Summary Judgment Ruling Could Have Wide-Ranging Impact

In a recent and highly anticipated decision, a court in the Southern District of New York held that Ripple’s cryptocurrency token – XRP – is not inherently a security. In a setback to the SEC, the court also held that certain…more

Coinbase, Cryptocurrency, Digital Assets, Enforcement, Howey

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David Dawson

Texas Legislature Approves HB 2071 Which Revises Public Facility Corporation Exemption for Affordable Housing

The 88th Regular Session (2023) of the Texas Legislature approved HB 2071 (the "Bill"), which revises the way public facility corporations ("PFCs") can be utilized to own and operate affordable housing. Affordable housing is…more

Ad Valorem Tax, Affordable Housing, Amended Legislation, Exemptions, For-Profit Corporations

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Tave Doty

CTA: Subject to Filing if in Existence January 1, 2024

FinCEN provided new guidance on July 8, 2024, regarding the CTA filing requirements of entities dissolved in 2024. If an entity was in existence prior to January 1, 2024, its CTA filing deadline is January 1, 2025…more

Anti-Money Laundering, Beneficial Owner, Business Formation, Corporate Dissolution, Corporate Transparency Act

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Andy Dow

Exploring Preferential Rights in Hospital Ground Leases

This article examines the different types of preferential rights in ground leases for medical office buildings, and examines strategies in drafting preferential rights provisions to protect the interests of both ground lessors…more

Commercial Leases, Contract Terms, Ground Leases, Hospitals, Preferences

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Jim Doyle

Main Street Lending Program - Three Facility Summary - CARES Act

The CARES Act provides for the Federal Reserve creating an SPV that will purchase participation interests in eligible term loans. On April 30, the Federal Reserve posted to its website term sheets that update the Main Street…more

CARES Act, Coronavirus/COVID-19, Federal Loans, Federal Reserve, Financial Stimulus

See all updates »

Preston (Trip) Dyer

[Virtual Half-Day Seminar] Real Estate Startup - April 18th, 9:00 am - 12:15 pm CST

On April 18, join Winstead attorneys Trip Dyer, Ben Gehlbach, Daniel Bell-Garcia, Jacob Loehr, Matt Dzura, and Cole Gearhart, along with Whitley Penn Partner Shea Krachek, for our Real Estate Startup half-day virtual seminar…more

Acquisitions, Best Practices, Business Entities, Business Formation, Business Pursuits

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Matt Dzura

[Virtual Half-Day Seminar] Real Estate Startup - April 18th, 9:00 am - 12:15 pm CST

On April 18, join Winstead attorneys Trip Dyer, Ben Gehlbach, Daniel Bell-Garcia, Jacob Loehr, Matt Dzura, and Cole Gearhart, along with Whitley Penn Partner Shea Krachek, for our Real Estate Startup half-day virtual seminar…more

Acquisitions, Best Practices, Business Entities, Business Formation, Business Pursuits

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Seth Eaton

Seth Eaton Discusses Modifications and Workouts of Commercial Real Estate Loans during the COVID-19 Pandemic

Watch Real Estate Finance Shareholder Seth Eaton discuss loan modifications and how they have evolved throughout the COVID-19 pandemic. Seth outlines several different phases of loan modifications and highlights key points and…more

Balance Sheets, Banking Sector, CMBS, Collateralized Loan Obligations, Commercial Loans

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Scott Eidman

Suspension of Certain Requirements Under Texas Election Code

On March 18, 2020, Governor Abbott’s office temporarily suspended a limited number of provisions of the Texas Election Code and Texas Water Code regarding general or special elections that have been ordered for May 2, 2020 in…more

Coronavirus/COVID-19, Election Laws, Emergency Response, Governor Abbott, Primary Elections

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Gavin Fearey

Ripple’s Legal Waves: Ripple Summary Judgment Ruling Could Have Wide-Ranging Impact

In a recent and highly anticipated decision, a court in the Southern District of New York held that Ripple’s cryptocurrency token – XRP – is not inherently a security. In a setback to the SEC, the court also held that certain…more

Coinbase, Cryptocurrency, Digital Assets, Enforcement, Howey

See all updates »

Thomas Forestier

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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Nancy Furney

New Threat to Payroll and Personal Information, Returns or Payments Due Today, and New Recommendations on Health insurance/Plan Changes

Payroll Threats and Protecting Personal Information - In case you have not been checking the FBI warnings (I realize those are unusual words for a benefits person), you and your employees should know of one of such warnings…more

Department of Health and Human Services (HHS), Department of Labor (DOL), Email, FBI, Healthcare

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Toby Galloway

SEC and DOJ Charge Founder and Promoters of “HyperFund” with $1.7 Billion Crypto Pyramid and Ponzi Scheme

The Securities and Exchange Commission brought charges against Xue Samuel Lee, the co-founder of HyperFund, and Brenda Indah Chunga, also known as “Bitcoin Beautee,” the fund’s top promoter, for securities violations. …more

Broker-Dealer, Cryptocurrency, Department of Justice (DOJ), Ponzi Scheme, Pyramid Schemes

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Cole Gearhart

[Virtual Half-Day Seminar] Real Estate Startup - April 18th, 9:00 am - 12:15 pm CST

On April 18, join Winstead attorneys Trip Dyer, Ben Gehlbach, Daniel Bell-Garcia, Jacob Loehr, Matt Dzura, and Cole Gearhart, along with Whitley Penn Partner Shea Krachek, for our Real Estate Startup half-day virtual seminar…more

Acquisitions, Best Practices, Business Entities, Business Formation, Business Pursuits

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Ben Gehlbach

[Virtual Half-Day Seminar] Real Estate Startup - April 18th, 9:00 am - 12:15 pm CST

On April 18, join Winstead attorneys Trip Dyer, Ben Gehlbach, Daniel Bell-Garcia, Jacob Loehr, Matt Dzura, and Cole Gearhart, along with Whitley Penn Partner Shea Krachek, for our Real Estate Startup half-day virtual seminar…more

Acquisitions, Best Practices, Business Entities, Business Formation, Business Pursuits

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Nick Gerner

Commercial Landlords in Texas Should Expect Delays in the Eviction Process during the COVID-19 Pandemic

In response to forced business shutdowns, layoffs and closings that have occurred due to the COVID-19 pandemic, state and local governments have implemented temporary stays on evictions as a way to protect individuals and…more

Commercial Leases, Coronavirus/COVID-19, Eviction, Moratorium, Rental Property

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Ryan Goins

HOA Diligence for Manufactured Housing Investors

While a strong relationship with a residents' association can benefit the successful operation of any manufactured housing community (an "MHC"), in certain states, understanding residents' and resident associations' statutory…more

Community Associations, Compliance, Due Diligence, Homeowners Association (HOA), Investors

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Lekha Gopalakrishnan, Ph.D.

[Webinar] Investing in Universities - Intellectual Property Due Diligence: A Critical Prerequisite to Funding Startup Companies - July 13th, 12:00 pm - 1:00 pm CDT

Join us for a webinar series on Investing in University Startup Companies. Topics discussed include intellectual property due diligence for venture capital transactions. We are grateful for our guest panelists Technium…more

Commercial Success, Copyright Ownership, Due Diligence, Funding, Intellectual Property Agreements

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Amanda Grainger

SMU Annual Texas Survey - Article 13, Vol. 6

This article covers cases from Southwestern Reporter (Third) volumes 560 through 580 and federal cases during the same period that the authors believe are noteworthy to the jurisprudence on the applicable subject. This Survey…more

Appraisal, Condemnation, Construction Project, Foreclosure, Homesteads

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Mark Grobmyer

2023 Texas Legislative Update: Issues Affecting Real Estate Entitlement and Development

House Bill 14 (by Harris (R), House District 8, Palestine, Anderson County, Texas) - Effective September 1, 2023 - THIRD-PARTY REVIEW OF PLATS, PLANS, PERMITS AND INSPECTIONS - HB 14 adds a new Chapter 247 to the Texas…more

Annexation, Building Inspectors, Building Permits, Construction Project, Municipalities

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Roxanne Hajikhani

C-PACE Has Entered the Capital Stack Chat

The latest hurdle in getting a deal done in the post-Fed-rate-hikes era revolves around the capital stack, which, according to the Commercial Observer, is more complicated than ever. Deals are taking longer because transaction…more

Commercial Property Owners, Energy Efficiency, Financing, Lenders, PACE

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Sarah Hanes

2023 Texas Legislative Update: Residential Construction

HB 2024 - Statute of Repose Shortened to Six Years if a Builder Provides a Warranty - A statute of repose is the outside deadline for a claimant to bring a legal action. For nearly 50 years, Texas has imposed a ten-year…more

Amended Legislation, Construction Contracts, Construction Defects, Construction Industry, Construction Project

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John Holman

Main Street Lending Program - Three Facility Summary - CARES Act

The CARES Act provides for the Federal Reserve creating an SPV that will purchase participation interests in eligible term loans. On April 30, the Federal Reserve posted to its website term sheets that update the Main Street…more

CARES Act, Coronavirus/COVID-19, Federal Loans, Federal Reserve, Financial Stimulus

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Teddy Holtz

[Webinar] Navigating Stormy Waters: Understanding Condominium Insurance and Named Storm Deductibles - August 22nd, 2:30 pm CT

Join Winstead PC and Alliant Insurance for an informative webinar on Texas property insurance for condominiums. We'll dive into the essentials of Condominium Insurance and Named Storm Deductibles. Learn what actions to take when…more

Condominium Associations, Condominiums, Deductibles, Insurance Claims, Insurance Industry

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Justin Hoover

Top 5 Takeaways from Winstead’s Physician Roll-up Transactions Event

In September, Winstead hosted a virtual event entitled “Physician Roll-Up Transactions.” During the event, the speakers explored some of the different strategies, trends, and challenges surrounding physician roll-up…more

Corporate Practice of Medicine, Physician Ownership, Physicians, Private Equity

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Laney Howard

Texas Legislature Approves HB 2071 Which Revises Public Facility Corporation Exemption for Affordable Housing

The 88th Regular Session (2023) of the Texas Legislature approved HB 2071 (the "Bill"), which revises the way public facility corporations ("PFCs") can be utilized to own and operate affordable housing. Affordable housing is…more

Ad Valorem Tax, Affordable Housing, Amended Legislation, Exemptions, For-Profit Corporations

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Elin Isenhower

[Webinar] Real Estate Lunch & Learn: Defending Defects Part 2 - August 11th, 12:00 pm - 1:00 pm CT

Even with strong documents designed to minimize liability, claims still occur. Implementing a comprehensive defense strategy from the very first notice of claim can be the difference between victory or defeat. Join Winstead…more

Best Practices, Construction Contracts, Construction Defects, Construction Disputes, Construction Industry

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Monte James, Jr.

Summary of march 31, 2020, Executive Order of Governor Abbott: Texas Residential and Commercial Construction Update

On March 31, 2020, Governor Abbott issued Executive Order GA 14 (the “Executive Order”) relating to statewide continuity of essential services and activities during the COVID-19 disaster. The Executive Order becomes effective at…more

Construction Industry, Construction Project, Coronavirus/COVID-19, Critical Infrastructure Sectors, Executive Orders

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David Fowler Johnson

Court Affirmed A Judgment For An Estate Because The Personal Representative Participated In The Case

In Charles v. Est. of Kornbacher, the estate sued a defendant regarding the ownership of real property. No. 01-23-00125-CV, 2024 Tex. App. LEXIS 2947 (Tex. App.—Houston [1st Dist.] April 30, 2024, no pet. history)…more

Appeals, Estate Planning, Personal Representatives, Property Ownership, Standing

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Tristan Kaisharis

IP Assignment Agreements: Protecting Your Company Today and Saving Yourself from Headaches Tomorrow

For nearly all companies, but particularly companies in the technology sector, the intellectual property ("IP") they create are the crown jewels of the business. Without the IP, the company has nothing to sell…more

Acquisitions, Assignments, Intellectual Property Protection, IP Assignment Agreements

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Jeanne Marie Katz

COVID-19 Presents Unique Issues for Community Associations

The COVID-19 pandemic has caused a unique set of issues for community associations. States, counties, cities, and the federal government have taken unheard of measures in an attempt to slow the spread of COVID-19. These…more

Board of Directors, Community Associations, Condominium Associations, Coronavirus/COVID-19, Emergency Management Plans

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Matthias Kleinsasser

To arbitrate or not to arbitrate? That is the question.

It's commonplace for commercial contracts to contain arbitration clauses. But should they? The answer to this question depends on several factors, such as anticipated cost, the importance of confidentiality, the importance of…more

Arbitration, Commercial Arbitration, Commercial Contracts, Confidential Information, Contract Terms

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Jennifer Knapek

Business Owners’ Guide to SBA Loan Opportunities Under the Coronavirus Aid, Relief, and Economic Security (CARES) Act*

The Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) was signed into law on March 27, 2020, providing emergency assistance to businesses, families and individuals impacted by the COVID-19 pandemic. The CARES…more

CARES Act, Coronavirus/COVID-19, Economic Injury Disaster Loans, Federal Loans, Financial Stimulus

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Kelly Knotts

Making the Right Choice: The Obligation to Comply With Fiduciary Duties By The Directors, Managers and Officers of Private Texas Companies

Fiduciary. The term applies broadly to cover all types of companies, as well as spouses in marriage, and is defined as “of, relating to, or involving a confidence or trust.” In the private business context, the company’s…more

Best Practices, Board of Directors, Corporate Management, Corporate Officers, Duty of Care

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Sarah Landiak

Public Improvement Districts Texas Legislative Update

Effective September 1, 2021, the Texas legislature enacted new, increased notice requirements for purchasers of land lying within a public improvement district (PID). These notices are now required to be given to purchasers of…more

Land Purchases, New Legislation, Notice Requirements, Public Improvement Projects, Required Forms

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Kyle Markwardt

A Potential Big Win for Bitcoin: A Federal Court Overturned the SEC’s Refusal to List a Spot Bitcoin ETF

On Tuesday, August 29, 2023, Bitcoin once again loomed large over financial markets after the D.C. Circuit Court of Appeals vacated an SEC order that rejected Grayscale Investments’ (“Grayscale”) application to list a spot…more

Bitcoin, Cryptocurrency, Digital Assets, Digital Currency, Enforcement

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Jennifer Martin

The Corporate Transparency Act: HOAs Don’t Need that Kind of Transparency

One of the hottest topics in the HOA-world over the past year has been the implementation of the Corporate Transparency Act (CTA). Although enacted by Congress in 2021, registrations under the CTA became mandatory for newly…more

Compliance, Condominium Associations, Corporate Transparency Act, Financial Crimes, Fraud

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Ross Martin

Suspension of Certain Requirements Under Texas Election Code

On March 18, 2020, Governor Abbott’s office temporarily suspended a limited number of provisions of the Texas Election Code and Texas Water Code regarding general or special elections that have been ordered for May 2, 2020 in…more

Coronavirus/COVID-19, Election Laws, Emergency Response, Governor Abbott, Primary Elections

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Dan Martinez

COVID-19 and Municipal Securities Disclosure

COVID-19 is creating more questions than answers in every sector of American life recent days, and the municipal bond market is no exception. Issuers and obligated persons for municipal bonds (collectively, “Obligated Parties”)…more

Coronavirus/COVID-19, Corporate Governance, Disclosure Requirements, Municipal Securities Issuers, Municipalities

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Alanna Maza

Pencils Down on Those Notices, Employers: A Federal Judge Just Set Aside FTC Noncompete Rule

Earlier this summer, Winstead’s Labor & Employment team reported that Judge Ada Brown in the U.S. District Court for the Northern District of Texas issued a preliminary injunction as applied only to the plaintiffs in Ryan LLC V…more

Administrative Procedure Act, Chevron Deference, Employment Contract, Federal Bans, Federal Trade Commission (FTC)

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Marshall Meringola

Governor Abbott Eases Ban on Elective Procedures

On April 17, 2020, Texas Governor Greg Abbott issued a series of Executive Orders, including Executive Order GA-15, which go into effect as of 11:59 pm on April 21, 2020, and continue through May 8, 2020, unless amended or…more

Coronavirus/COVID-19, Elective Surgical Procedures, Executive Orders, Governor Abbott, Health Care Providers

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Brian Morris

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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Norene Napper

Remote Online Notarization – Update

On March 30, 2020, we released an article which provided a brief overview of Remote Online Notarization (RON). That article also links to several resources that provide updates on the adoption and implementation of RON measures…more

Coronavirus/COVID-19, Electronic Notarization Standard, Governor Abbott, Notarization, Remote Notarization

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Jeff Nydegger

Summary of Certain Provisions of the CARES Act

H.R. 748, passed by the Senate on March 25, 2020 (the “CARES Act”), was passed by the House on March 27, 2020 and sent to the President for signature. …more

CARES Act, Coronavirus/COVID-19, Financial Stimulus, Paycheck Protection Program (PPP), Relief Measures

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Page Patrick

The Corporate Transparency Act (Part 4): Beneficial Owners and Company Applicants Defined Under the CTA

On January 1, 2021, Congress enacted the Corporate Transparency Act (the “CTA”) as part of the Anti-Money Laundering Act of 2020 and its annual National Defense Authorization Act. The new legislation requires certain entities to…more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, FinCEN, NDAA

See all updates »

Preston Patten

Minority Owner Protection Provisions in Commercial or Mixed-Use Condominium Projects - July 2024

To preserve the marketability of a commercial or mixed-use condominium unit sold to a third-party, it may be necessary to include specialized minority owner protection provisions in the condominium declaration for the project…more

Board of Directors, Commercial Property Owners, Condominiums, Contract Terms, Minority Shareholders

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Heath Pennington

Property Insurance Requirements for Condominiums

One of the most often misunderstood sections of the Texas Uniform Condominium Act (“TUCA”) is Section 82.111. Pursuant to Section 82.002(c) of TUCA, Section 82.111 applies to all condominiums in the State of Texas - regardless…more

Community Associations, Condominium Associations, Condominiums, Property Insurance, Regulatory Requirements

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Mike Perrin

An In-Depth Summary and Analysis of the Important Alston Decision

On June 21, 2021, the United States Supreme Court (“SCOTUS”) released its highly anticipated opinion in NCAA v. Alston. SCOTUS unanimously upheld the rulings by the United States District Court for the Northern District of…more

Alston v NCAA, Antitrust Violations, College Athletes, Colleges, Compensation

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Elizabeth Rogers

On July 1, 2024, Texas May Have the Strongest Consumer Data Privacy Law in the United States

They say everything is bigger in Texas which includes big privacy protection. After the Texas Senate approved HB 4 — the Texas Data Privacy and Security Act (“TDPSA”), on June 18, 2023, Texas became the eleventh state to enact…more

Compliance, Consumer Privacy Rights, Corporate Counsel, Data Collection, Data Controller

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William Rohrlich, II

The Corporate Transparency Act (Part 4): Beneficial Owners and Company Applicants Defined Under the CTA

On January 1, 2021, Congress enacted the Corporate Transparency Act (the “CTA”) as part of the Anti-Money Laundering Act of 2020 and its annual National Defense Authorization Act. The new legislation requires certain entities to…more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, FinCEN, NDAA

See all updates »

Andrew Rosell

The Corporate Transparency Act (Part 4): Beneficial Owners and Company Applicants Defined Under the CTA

On January 1, 2021, Congress enacted the Corporate Transparency Act (the “CTA”) as part of the Anti-Money Laundering Act of 2020 and its annual National Defense Authorization Act. The new legislation requires certain entities to…more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, FinCEN, NDAA

See all updates »

Steve Schueler

Pencils Down on Those Notices, Employers: A Federal Judge Just Set Aside FTC Noncompete Rule

Earlier this summer, Winstead’s Labor & Employment team reported that Judge Ada Brown in the U.S. District Court for the Northern District of Texas issued a preliminary injunction as applied only to the plaintiffs in Ryan LLC V…more

Administrative Procedure Act, Chevron Deference, Employment Contract, Federal Bans, Federal Trade Commission (FTC)

See all updates »

Kristen Sherwin

2023 Texas Legislative Update: Residential Construction

HB 2024 - Statute of Repose Shortened to Six Years if a Builder Provides a Warranty - A statute of repose is the outside deadline for a claimant to bring a legal action. For nearly 50 years, Texas has imposed a ten-year…more

Amended Legislation, Construction Contracts, Construction Defects, Construction Industry, Construction Project

See all updates »

Tara Smith

An Overview of Section 1202 Qualified Small Business Stock

Thinking about investing in a young, promising company? Section 1202 of the tax code offers a significant incentive for individuals to do just that…more

Corporate Taxes, Income Taxes, Qualified Small Business Stock, Tax Planning

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Will Smith

2023 Texas Legislative Update: Issues Affecting Real Estate Entitlement and Development

House Bill 14 (by Harris (R), House District 8, Palestine, Anderson County, Texas) - Effective September 1, 2023 - THIRD-PARTY REVIEW OF PLATS, PLANS, PERMITS AND INSPECTIONS - HB 14 adds a new Chapter 247 to the Texas…more

Annexation, Building Inspectors, Building Permits, Construction Project, Municipalities

See all updates »

David Staas

Sponsorship Agreements: Key Provisions That COVID-19 Has Now Brought Into Play

The impact of COVID-19 on the sports industry has already been widespread and far-reaching. Professional leagues have seen their schedules abruptly suspended, colleges and universities have ended their spring seasons without…more

Contract Termination, Contract Terms, Coronavirus/COVID-19, Force Majeure Clause, Sponsors

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Troy Stevenson

Key Considerations in Review of NDAs as a Buyer

When a company is in the process of pursuing a transaction involving the acquisition or merger of another company, one of the first negotiable documents encountered will likely be a non-disclosure or confidentiality agreement…more

Acquisitions, Breach of Contract, Confidential Information, Confidentiality Agreements, Contract Drafting

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Kristi Stotts

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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Darby Strickland Fries

Triggers That Require Reporting Companies to File Updated Beneficial Ownership Interest Reports

On January 1, 2024, Congress enacted the Corporate Transparency Act (the “CTA”) as part of the Anti-Money Laundering Act of 2020 and its annual National Defense Authorization Act…more

Anti-Money Laundering, Beneficial Owner, Compliance, Corporate Transparency Act, Financial Crimes

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Stephen Taylor

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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Alex Valdes

2023 Texas Legislative Update: Residential Construction

HB 2024 - Statute of Repose Shortened to Six Years if a Builder Provides a Warranty - A statute of repose is the outside deadline for a claimant to bring a legal action. For nearly 50 years, Texas has imposed a ten-year…more

Amended Legislation, Construction Contracts, Construction Defects, Construction Industry, Construction Project

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Ryan Valenza

[Webinar] Investing in Universities - Legal and Financial Due Diligence: Looking Under the Hood - June 8th, 12:00 pm - 1:00 pm CDT

Join us for a webinar series on Investing in University Startup Companies. Topics discussed include legal issues, financial structures and implications, and intellectual property due diligence for venture capital…more

Due Diligence, Intellectual Property Protection, Investors, Startups, Universities

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Tom Van Arsdal

Texas Appellate Court Requires Strict Proof of Trade Secret Elements For Every Defendant in Evaluating TCPA Defense

A recent Texas appellate court decision provides additional guidance for those parties litigating trade secrets in the new era of the Texas Citizens Participation Act (“TCPA”). The holding in Morgan v. Clements Fluids S. Tex,…more

Appeals, Former Employee, Free Speech, Intellectual Property Litigation, Intellectual Property Protection

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Christine Wakeman

Estate Planning Ramifications of a Democratic Sweep

On January 5, 2021, Georgia Democrats Jon Ossoff and Raphael Warnock defeated GOP incumbents David Perdue and Kelly Loeffler in their Senate runoff elections, giving the Democrats 50 seats in the Senate. Vice President Kamala…more

Election Results, Estate Planning, Generation-Skipping Transfer, Grantor Retained Annuity Trusts (GRATs), Political Parties

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Jordan Ware

Estate Planning Ramifications of a Democratic Sweep

On January 5, 2021, Georgia Democrats Jon Ossoff and Raphael Warnock defeated GOP incumbents David Perdue and Kelly Loeffler in their Senate runoff elections, giving the Democrats 50 seats in the Senate. Vice President Kamala…more

Election Results, Estate Planning, Generation-Skipping Transfer, Grantor Retained Annuity Trusts (GRATs), Political Parties

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J. Richard White

SMU Annual Texas Survey - Article 13, Vol. 6

This article covers cases from Southwestern Reporter (Third) volumes 560 through 580 and federal cases during the same period that the authors believe are noteworthy to the jurisprudence on the applicable subject. This Survey…more

Appraisal, Condemnation, Construction Project, Foreclosure, Homesteads

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Taylor White

Pencils Down on Those Notices, Employers: A Federal Judge Just Set Aside FTC Noncompete Rule

Earlier this summer, Winstead’s Labor & Employment team reported that Judge Ada Brown in the U.S. District Court for the Northern District of Texas issued a preliminary injunction as applied only to the plaintiffs in Ryan LLC V…more

Administrative Procedure Act, Chevron Deference, Employment Contract, Federal Bans, Federal Trade Commission (FTC)

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Stewart Whitehead

The Federal Government Vaccine Mandate’s Impact on Colleges and Universities

The Biden administration on Nov. 4 released a Fact Sheet announcing the details of its Occupational Safety and Health Administration (OSHA) and Center for Medicare and Medicaid Services (CMS) COVID-19 vaccination mandates. …more

Biden Administration, Centers for Medicare & Medicaid Services (CMS), Colleges, Constitutional Challenges, Coronavirus/COVID-19

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Jeremy Wilkins

[Webinar] Community Associations: Providing A Sense of Normalcy as COVID-19 Restrictions Evolve - April 30th, 10:00 am - 10:45 am CT

Please join Winstead for a webinar as we discuss the considerations and best practices for a phased reopening of community facilities and amenities, and for management of community property…more

Amended Rules, Best Practices, Community Property, Coronavirus/COVID-19, Planned Communities

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Blake Wilson

[Webinar] Real Estate Lunch & Learn: Defending Defects Part 2 - August 11th, 12:00 pm - 1:00 pm CT

Even with strong documents designed to minimize liability, claims still occur. Implementing a comprehensive defense strategy from the very first notice of claim can be the difference between victory or defeat. Join Winstead…more

Best Practices, Construction Contracts, Construction Defects, Construction Disputes, Construction Industry

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Kevin Wood

Landlord Considerations in Lease Workouts with Troubled Healthcare Operators (Including Bankruptcy Considerations)

The past few years have seen an unprecedented number of bankruptcies in the healthcare space, primarily from hospitals and senior living operators. The pressure placed on healthcare operating companies will only increase as they…more

Commercial Bankruptcy, Commercial Leases, Coronavirus/COVID-19, Healthcare Facilities

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Blake Young

The Silicon Valley Bank Failure: Implications on Commercial Leasing

This past Friday, March 10, 2023, the Federal Deposit Insurance Corp. (FDIC) announced its takeover of the failed Silicon Valley Bank (“SVB”) after a run on the bank late last week caused the largest-scale U.S. bank failure…more

Banks, Commercial Leases, Deposit Accounts, Deposit Insurance, FDIC

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