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Tilting the Scales Business Issues with a Legal Slant

Category Archives: Legal Risk Management

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Partner Liability: Out of the Woods?

Posted in *Way Out - Advice, Legal Risk Management, Money

Debbett Runnup Partnership, a Texas general partnership, was sued by Widgets R Us in 2010 for failing to pay Widgets R Us invoices. Judgment was granted to Widgets in 2012 against Debbett Runnup for $300,000. After chasing Debbett for over three years, Widgets’ lawyer Plinn T. Agreshun realizes that Debbett is penniless. Knowing that partners… Continue Reading

The Coming Silver Tsunami: Families May Lose 70% in Wealth Transfer

Posted in *Way Out - Advice, Family Issues, Legal Risk Management, Money

Record Wealth Transfer. Over the next 30-40 years about $12 trillion from those born in 1920s and 30s will be transferred to the baby boomers, and the boomers are expected to transfer some $30 trillion to their heirs, with more than an estimated $59 trillion transferred from 93.6 million American estates from 2007 to 2061…. Continue Reading

A Measle-ly Lawsuit: Can Parents Who Don’t Vaccinate their Children be Sued?

Posted in *BTW - Noteworthy, Family Issues, Legal Risk Management

Yearning to leave the frozen wasteland of Dallas, Texas behind her if just for a moment, Penny McCrathy, an outspoken anti-vaccination advocate, took her unvaccinated children to Disneyland in Anaheim, California. Not knowing that her children had been exposed to measles by a foreign tourist, Penny brought them back to Texas and sent them back… Continue Reading

Selling What You Don’t Have…What Happened to my Super Bowl Tickets?

Posted in *Weighing In - IMHO, Legal Risk Management, Money

Thursday before Super Bowl XLIX in Phoenix Ima Goen Nomattawatta, a huge Patriots fan, found an online broker Izzure Scalp with Super Bowl tickets for $2,500 apiece. Not believing that he could get 4 tickets at only $750 above face value, Nomattawatta quickly called three buddies, found flights and non-refundable hotel rooms, and all four… Continue Reading

Sony vs. N. Korea – Let Capitalism Fight Totalitarianism!

Posted in *Weighing In - IMHO, Legal Risk Management

Cyber terrorism, North Korea, Sony, extortion, free speech, The Interview, international relations, journalistic ethics, cyber security… can it get any better than this? Implausible – a C grade comedy movie The Interview about two hapless TV journalists recruited by the CIA to assassinate a sitting world leader North Korean Supreme Leader Kim Jong-un. Appalling -… Continue Reading

An Invitation to Investors Risks Losing Control of Your Business

Posted in *Way Out - Advice, Legal Risk Management

Cleve and I recently discussed how a business owner’s divorce might result in losing control of the business. While loss of business control by marital divorce is a real threat, many business owners lose their companies through “business divorces” after squabbling with their investors. Some new businesses are overnight successes, like Ben Distiller’s Texas Whiskey… Continue Reading

Divorce – Four Business Reasons for a Prenuptial Agreement

Posted in *BTW - Noteworthy, Family Issues, Legal Risk Management, Money

With an ongoing Oklahoma divorce case in mind last month Tilting wrote about Tigh A. Knott, his wife Lucy Knott and how a business owner’s divorce can impact his business and affect his partners. The real players were Harold Hamm and his wife Sue Ann. Last week the court granted Oklahoma oil tycoon Harold Hamm… Continue Reading

Divorce – Impacting Your Meddlin Hands Partners!

Posted in *Way Out - Advice, Family Issues, Legal Risk Management, Money

To the other four minority owners who enjoyed the meteoric rise of Meddlin Hands Cleaning Products, when Lucy Knott sued their majority partner Tigh A. Knott for divorce, the divorce was anything but routine. Lucy wants half of the business and day to day participation. With no company agreement, the other shareholders face the prospect… Continue Reading

Cyber Security: Forewarned is Fair-Warned

Posted in *Weighing In - IMHO, Legal Risk Management

When Wei Wong, owner of Sushi Mushi, a popular Japanese food bistro in Texas, installed a phone add-on to take credit and debit card payments straight from his employees’ phones, his revenues skyrocketed. Yesterday the Feds told him that his customers’ credit and debit card numbers were posted for sale on an underground website. Malware planted… Continue Reading

IRS Tax Emails

Posted in Legal Risk Management

By now, you’ve probably heard about the IRS claiming they lost emails pertaining to the investigation of conservative groups applying for 501(c)(4) status. If you’re interested in a tax attorney’s perspective, watch Gray Reed’s own David Gair on LXBNTV.

What and How You Sign a Contract Matters

Posted in *Way Out - Advice, Legal Risk Management

Needing a sales boost for his new line of fashion catheters, Sy Noff, owner and President of Med, Inc., retained advertising gurus Draper & Olson. Their contract provided for signature by Sy Noff as “President and CEO” of “Med Catheter Corp, Inc.” After a three-martini lunch, Draper & Olson run up a $100,000 bill creating an… Continue Reading

Avoiding Judicial Hellholes

Posted in *Weighing In - IMHO, Legal Risk Management

Special thanks to Gray Reed’s Drew York for this blog contribution. Bedder Sailz, a salesman for Orange Computers, Inc., lives in Seattle, Washington, and frequently travels on business. After successfully closing a computer deal in Dallas, Sailz catches East-West-Wings (EWW) flight #101 from Dallas home to Seattle. When the plane’s front wheel collapses on landing,… Continue Reading

The Case of the Defamed Doctor – SLAPP’ing Down Defamation Cases in Texas

Posted in *BTW - Noteworthy, Constitutional Rights & Issues, Legal Risk Management, Social Media & The Internet

Special thanks to guest blogger Alex Fuller for this month’s post.             Who steals my purse steals trash; ’tis something, nothing;             ‘Twas mine, ’tis his, and has been slave to thousands;             But he that filches from me my good name             Robs me of that which not enriches him,             And makes me… Continue Reading

Don’t Be a Target: Mitigating Liability From Cyber Attacks

Posted in *BTW - Noteworthy, Legal Risk Management

During the holiday season, Bullseye, a big box retailer, was the victim of a cyber attack that compromised the credit and debit card information (including PIN and CVV codes) of nearly 40 million of its customers.  The attack immediately spawned dozens of class action lawsuits against Bullseye by customers, alleging that the retailer was negligent… Continue Reading

Lost or Stolen: Liability for Unauthorized Credit Card Charges

Posted in *Way Out - Advice, Legal Risk Management, Money

On a brisk January day, Mary A. Richman opened her mailbox and was confronted with the sobering sight of thick envelopes from Visa, American Express and MasterCard each containing a month’s worth of extravagant Christmas purchases.  Although she expected the bills to be large, she didn’t expect them to be this large.  When she carefully… Continue Reading

In the Line of Fire

Posted in *Way Out - Advice, Legal Risk Management

Amon Fire and B.A. Ware have been hunting buddies since high school and have hunted with each other many times.  The two men head out one crisp November day to go turkey hunting, as they are bound and determined that this year’s Thanksgiving bird will not come from the local grocery store.  Fire and Ware… Continue Reading

Them’s Fighting Words!

Posted in *BTW - Noteworthy, Legal Risk Management

With Halloween less than a week away, Bill Hatfield and his neighbor Randy McCoy are at it again. This time, it’s over McCoy’s pumpkin orange 38-foot recreational vehicle parked in front of his house.  Hatfield demands McCoy remove the eyesore.  When McCoy refuses, Hatfield successfully recruits other neighbors who together spearhead passage of a local… Continue Reading