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Houston Business and Family Law Blog

When a Texas Divorce Involves Unique Assets

If your divorce involves complicated or unique assets, then you should only trust a family law firm that has experience handling a case like yours. At Kerr, Hendershot & Cannon, P.C., we understand how high the stakes are in your case, and we will work with you to reach the best outcome possible.

Medical Practices and Divorce

Years of education, a great amount of finances and hard work go into becoming a physician. Even more effort is put into the creation of a medical practice. Could all of the hard work and dedication contributed toward establishing a practice be compromised in the event of a divorce? There are a number of factors and scenarios that can determine the future of a medical practice when a practice owner divorces.

Defending Against a Patent Troll

A Patent Troll is an entity that owns patent rights and sues or threatens to sue to enforce for infringement or licensing royalties, yet often does not manufacture any products or supply any services based upon the patent rights that they hold. They simply make a business out of suing people or companies. Other terms that might be used for a Patent Troll include a Patent Holding Company (PHC), Patent Assertion Entity (PAE), and/or a Non-Practicing Entity (NPE).

Patent Trolls use the expense of defending patent infringement claims to, in essence, blackmail legitimate companies (that provide actual products or services to the public) into a quick settlement. The defense of patent infringement cases is by nature expensive and time consuming; thus, Patent Trolls leverage this to force otherwise non-infringing companies into paying their ransom for a license agreement or settlement.

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.