Legal News

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 12:01 am on April 2,...By: Winstead PC

As the novel coronavirus (“COVID-19”) continues to disrupt business practices across the globe, M&A transaction processes are increasingly being put on hold while the pandemic’s true economic effects can be evaluated. Many M&A deal terms will likely...By: Winstead PC

An institution’s trade secrets generally include confidential information with commercial value. Trade secret protection may be available by common law, under state laws, or under federal law. In addition, there may be both civil and criminal causes...By: Winstead PC

The new year has started and private company owners are ramping up business plans for 2020. Their focus is on specific key targets—adding customers, building new lines of business, developing more efficient ways to produce their products or deliver...By: Winstead PC

It is common practice for a hospital to require a physician to sign a non-compete agreement whenever the hospital employs the physician or acquires the physician’s medical practice. In certain respects, that is to be expected. Non-compete agreements...By: Winstead PC

In Budri v. FirstFleet, Inc., an employee sued his employer and supervisor for a number of causes of action, including a claim for breach of fiduciary duty. No. 3:19-CV-0409-N-BH, 2019 U.S. Dist. LEXIS 188251 (N.D. Tex. September 20, 2019)....By: Winstead PC

In Gray vs. Ward, Ward and Gray started a limited partnership where Ward was a limited partner and Gray was a limited partner and the manager of the general partner. No. 05-18-00266-CV, 2019 Tex. App. LEXIS 6992 (Tex. App.—Dallas August 9, 2019, no...By: Winstead PC

David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, presented “Detecting Elder Abuse and The Duty to Report Financial Exploitation” to the Southwest Association of Bank Counsel on Thursday, September 26, 2019, in Santa Fe, New...By: Winstead PC

Historically, the sale of a private company carried with it a significant risk of claims by the purchaser. Months or even years after the sale closed, purchasers would frequently contend that the seller’s representations and warranties in the...By: Winstead PC

Our previous posts have stressed the critical importance of buy-sell agreements for both majority owners and minority investors in private companies. For majority owners, securing a buy-sell agreement avoids the potential of becoming “stuck” in...By: Winstead PC