Welcome to Texas State Sign

Last month we focused on the legal considerations for moving your company to Texas. This month our focus is on your personal checklist – legal issues affecting you personally that will need your attention this year.

But first, a quick note about immigration. Together with his kind comments about our last Moving to Texas? article, my good friend and erstwhile immigration attorney Rick Gump urged me to remind both the company management and their employees to ensure that, when moving to Texas, legacy employees are treated as new employees for I-9 verification purposes. He advises that it is important to clean up the company files and take care of company employees by cleaning up their files as they might become subject to an I-9 audit.

After you settle in to your new Texas home and while you are unpacking, it’s time to make your own personal checklists. You might start with these. Continue Reading Moving to Texas? Your Personal Checklist for your Move to the Lone Star State

Texas state flag waving in the wind

If you’re new to Texas, you’re not the first from California to sing about it. In their 1964 album, The Beach Boys sang about being a “Long Tall Texan.” Nowadays, there’s a lot more to moving to Texas than just singing a song. This is the first of a series addressing tips for moving the entirety of your business and you into the Lone Star State.

If you intend to continue to conduct business in your home state, you should strongly consider having two separate and distinct entities, books, employees and accounting systems. Generally speaking, it’s easier to start a business in Texas than it is to terminate your business ties in your departing state – together with the on-going payment of all of the departing state’s taxes and fees. You should strongly consider the following:

Continue Reading New to Texas? Considerations for Moving Your Business to the Lone Star State

Entrance of Walt Disney World in Orlando, FloridaUncle Pennybags plans to build a hotel on Marvin Gardens, but to do so, he needs to acquire adjacent properties on Atlantic Avenue, owned by Charles Darrow, and Ventnor Avenue, owned by George Parker. Pennybags knows that if Darrow or Parker knew of his plans, they would demand a higher price for their properties and a still higher price would be demanded by the last lot owner to sell. So Pennybags forms a dummy company called Acme Acquisitions, LLC and appoints his good friend, Lizzie Magie, as its president. Magie approaches Darrow and Parker, who both agree to sell their properties to Acme Acquisitions on favorable terms. After the contracts have been signed, Pennybags announces that he is the true purchaser and that he plans to build his hotel. Furious, Darrow and Parker refuse to consummate the transaction, so Pennybags sues. Are Darrow and Parker out of luck? Continue Reading Using a Dummy Company Can Be a Smart Business Decision

Eager to spark the socialist revolution, left-wing activists seized Ramsett Park and the surrounding area and declared an independent autonomous community dedicated to social and economic justice. The activists threw up barricades and excluded both the police and the “bourgeoisie” owners of businesses surrounding the park. Fearing a primary challenge, Mayor Gunderson ordered the police to withdraw from the area except for life-or-death situations. As days turned into weeks, the area reverted to a Hobbesian state, with violence increasing and refuge accumulating in the street. Mayor Gunderson belatedly ordered the area cleared. When the business owners returned, they found their buildings vandalized and their property stolen or destroyed. They look to hold someone responsible. But the activists have disappeared, and, in any event, hippies are notoriously judgment proof. Can Mayor Gunderson and the City be held liable for not enforcing the law? Continue Reading Dereliction of Duty: Can Local Governments Be Liable for Not Protecting Property from Protestors?

Ernest “Big Daddy” Bux’s great Auntie Heidi Loper moved to a retirement community when her husband Sam retired years go. A short time later, Sam died. Over the years Heidi’s handyman Don Meetdirts and his wife Ada befriended Heidi. They persuaded her to leave them millions of dollars in cash and other items. Prior Wills would have left Heidi’s property to her family of whom she was very proud – both of the Bux family name and of the assets she and Sam had acquired. When the Wills were changed, Heidi had failing eyesight, deteriorating health and a delicate mental condition. When Big Daddy and the Bux family learned at Auntie Loper’s death that the Meetdirts were the only beneficiaries under the last Will, they asked their favorite attorney if they have a claim of undue influence to deny the Meetdirts any inheritance. Do they? Continue Reading Grandma Left the Money to Whom? Legal Options for Undue Influence and Changing of Wills

Cookie Bux has two elementary age children, Kitten and Jeff who really want to go Trick-or-Treating this Halloween. In fact, Jeff has been wearing his Star Wars Stormtrooper costume around the house since September. Can Kitten and Jeff Trick-or-Treat this year?

Continue Reading COVID-19 Impacting Halloween? A Scary Thought!

The Lillian Corporation purchases a vacant and dilapidated office building with plans to demolish it and build luxury condos. Only one thing stands in the way: a mural on the side of the building painted years earlier by a well-known local artist, Phillip Semenko. The mural is renowned and become a popular destination for tourists. After learning of the Lillian Corporation’s plans, Semenko threatens to sue to stop the development. Will Semenko succeed or is this just another case of artistic temperament?

Continue Reading Painting over Property Rights: The Effect of the Visual Artists Rights Act on Real-Estate Development

After learning that Buxboro Independent School District would not re-open campuses until September 8th and dismayed that her children Digger (12), Trixie (9) and Hustler (5) would not receive personal instruction, Anna Nicole Pawlenty posted on a Facebook mom group “I’m in Buxboro, and I’m ‘podding up.’ Who’s with me?” . Can just anyone home school their children? What are the implications?

Continue Reading Homeschooling: Too Cool For School?

open sign on business door

Reeling from months of governmental orders that required all restaurants to close their doors, Chez Quis was elated to re-open and welcome back its diners, even at a reduced capacity. But elation quickly turned to despair when Chez Quis learned that one of its longtime customers, Abe Froman, had sued the restaurant for allegedly contracting the coronavirus (COVID-19) while dining there. Has Chez Quis jumped out of the frying pan and into the fire? Continue Reading Stay Shut Down or Be Sued? The Risk to Your Business from COVID-19 Premises-Liability Claims

When restaurants were ordered to shutter – and before PPP – Ernest Bux’s sister Cookie Bux who owns Beef O’Bux Restaurants was in a bind. Should she lay off or furlough employees who were showing up for work to her empty restaurant chain? What’s the difference between laying off employees and furloughing them? What are her options? Continue Reading What Does a Furlough Mean to My Employees?