Legal News

“Build-to-Rent” (B2R) product, meaning the construction of homes in a defined community intended to be leased, as opposed to sold, has become a more frequent sub-product within master planned communities. B2R product is similar to a typical multi-family apartment complex in that a single development owner constructs, owns, operates and maintains multiple dwellings which are then leased to residents....By: Winstead PC

The U.S. government recently reminded employers that the consequences stemming from worker safety violations are not limited to civil monetary penalties and specific hazard abatement requirements levied by the Occupational Safety and Health Administration (OSHA). They can lead to criminal liability under the Occupational Safety and Health Act (OSH Act) as well....By: Winstead PC

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 environment with a development that could bring in more people and more traffic. Golf courses are often viewed as open-space amenities, and homes abutting golf courses may be worth more than similar homes that don’t. In an economic downturn, though, it can be expected that.....

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 period saw a number of cases of first impression, covering issues involving the waiver of security interest for failure to take remedial actions, the right for outsider reverse veil-piercing, and whether a limited partner could waive the attorney–client privilege for the....

As we have noted in previous posts, it can become critical for the majority owner of a private company to remove a business partner who holds a minority ownership stake in the business and who is causing major dysfunction in the company. See “The Devil You Know: Pick Business Partners Wisely and Plan For Problems Ahead” By the same token, a minority investor may desire to exit the business when the majority owner is taking actions that benefit himself to the detriment of the company. This is....

As we continue to experience and adjust to the impact of COVID-19, real estate development projects are particularly vulnerable.  Although the spectrum of concerns may vary among projects that are "in negotiation" versus those that are already "under...By: Winstead PC

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....By: Winstead PC

The COVID-19 pandemic has caused a sudden disruption to businesses and halted almost all forms of global commerce. Contractual parties, lenders and borrowers, and parties to Merger and acquisition agreements are now closely reviewing their contracts,...By: Winstead PC

In the midst of a global Pandemic that is devastating to the health of our community and to our economy, the last thing on the minds of private business owners may be the future sale of their company. But while business owners are sheltering safely...By: Winstead PC

As the coronavirus rapidly spreads throughout America, some states, cities and counties have detailed Executive Orders for residents to stay-at-home and non-essential businesses to cease operations. Whether or not construction activities are...By: Winstead PC