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Houston Business and Family Law Blog

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.

Lennea Cannon: Board Certified Texas Family Law Attorney

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According to the Texas Board of Legal Specialization, out of more than 70,000 attorneys licensed to practice law in Texas, only 7,000 are Board Certified specialists. In any given area of specialization in law, such as family law, the number of Board Certified specialists is even fewer.

Our own Lennea Cannon, a named partner with Kerr, Hendershot & Cannon, P.C., now joins the short list of Board Certified specialists in Texas family law. This is an achievement that reflects a specialization in family law cases for more than 10 years, handling hundreds of contested cases, trials, mediations, and appeals.

Medicaid/Medicare Fraud and Dental Practices

If you are a dentist or manage dental clinics in Texas, you are very likely aware of the increase in governmental regulation in the form of Medicaid/Medicare fraud prevention. In 2013, David Heath for the Center for Public Integrity wrote:

"Texas has been embroiled in a Medicaid fraud scandal for the past couple of years. The initial focus was on overbilling Medicaid for unnecessary braces on children. But the scandal has since widened. State authorities said [...] they've identified 89 dental providers they suspect of overbilling Medicaid by $154 million," (Texas tries to crack down on dental chains that put profits ahead of patients).

What to Expect When the AG/OIG Shows Up at Your Door

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If you're dodging the OIG, the theory goes, there's a reason. In other words, if you have a request for information (like a subpoena) and you ignore it, the government is only going to make it worse.

What does worse look like? More sanctions, more expense to you and your business. Sometimes, it means the AG/OIG shows up at your door and tries to shut your business down.