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Houston Business and Family Law Blog

How We Won One of Our Largest Arbitration Awards to Date Based on Contract Arbitration Awards Per 2014 Texas VerdictSearch

The email last week from the American Arbitration Association is one for the record books. At Kerr, Hendershot & Cannon, P.C., we were excited to share it with our client, who was just as pleased as we were - more so - to hear the good news.

The email started out innocently enough - "By direction of the Arbitrators we herewith transmit to you the duly executed Award..." - but when we opened the attached file, we found that we'd won an award that was larger than the second highest contract arbitration award in Texas in 2014, according to VerdictSearch.

At its heart, this case was about corporate espionage and conspiracy to defraud, and we did all we could to prove it.

Could a Business Partner's Divorce Derail Your Company?

There are many benefits of going into business with partners, but there are also a few drawbacks. Namely, did you know that if your partner's marriage ends, your business could wind up on the rocks as well?

Marital property is divided equitably during a divorce, which can include business assets. If this happens, your partner's ex could become a shareholder who has a say in how your business operates.

The good news is that there is a way to prevent a partner's divorce from disrupting your business (that doesn't require you getting involved with his or her personal life).

Why Having a Shareholder Agreement is Good for Business

If there's one constant, it's change. And you've heard that before. If you're a partner or shareholder in a business, you will likely find that change is inevitable. Perhaps the time comes when you can no longer do business together with your other partners, or that your goals and ambitions have changed.

Having a shareholder agreement is beneficial to businesses because it allows for the anticipation of these changes in your life and career, and sets the terms for addressing these changes.

Retirement Account Brokers May Soon Have Fiduciary Obligations

A new rule could be adopted that would require investment brokers working with retirement accounts to act as fiduciaries to their clients. In other words, brokers would have to act in their clients' best interests and disclose any potential conflicts of interests, among other duties, or risk being sued by the clients.

Medicare Overpayment Corrections

A payment made by Medicare in excess of the amount properly payable by law is an overpayment. If Medicare identifies an overpayment, it becomes a debt that you owe to the federal government. Under applicable federal law, CMS (Centers for Medicare Services) will attempt to recover the overpayment.

Once Medicare determines that you've made an overpayment, the Medicare Administrative Contractor (MAC) initiates the correction process by making an initial demand for repayment. Novitas Solutions, Inc. is the CMS contractor covering the State of Texas.

The Family Business in Divorce

You and your spouse have spent years building your business together. The business has supported your family. Now, you face divorce. How do you deal with this when the business must continue to operate?

This tough question confronts many divorcing families. It brings fear and uncertainty, especially when the family business carries the family financially. Fortunately, there are options to families facing divorce when there is a family owned business. Critical to these options is working with an attorney who has experience in addressing the unique complexities of a family owned business in divorce.

Texas Jury Favors Patent Troll in Lawsuit Against Apple

Quite a bit of controversy has arisen over so-called non-practicing entities, or NPEs. NPEs own patents but do not make any products. These companies buy patents for the sole purpose of extracting money by claiming patent infringement. Another term for NPEs is "patent trolls."

$532.9M Verdict

Many Texas lawyers argue that the Eastern District of Texas is a haven for patent trolls. Two recent cases seem to confirm this viewpoint.

Intrastate Adoption vs. Interstate Adoption

Adopting a child can be one of the happiest times for a family - but it's important that the adoption be done correctly. This will protect both the child and the child's new family. To that end, it's also important to have an attorney who is well seasoned in the adoption process and who knows the requirements and applicable laws.

Should a Physician Be Held to a Non-Compete?

A medical practice has a legitimate business interest in ensuring its physicians do not leave and set up competing practices in the same service area. On the other hand, an individual physician might not want to be bound by an overly restrictive covenant not to compete. As it happens, the requirements for physician non-competes are quite detailed, more so than many other types of non-competes.

Is This Non-Compete Enforceable?

Is this non-compete enforceable?

The enforcement of non-compete agreements depends upon numerous factors. A non-compete will be subject to strict scrutiny by the Courts when an Employer seeks to enforce the non-compete. The agreement must be carefully drafted, and the Employer will need to be prepared to justify the reasons for the non-compete and the restrictions imposed by the non-compete.