Real Estate

Employers too often assume that job titles, job descriptions or simply categorizing an employee as "salaried" automatically enables the employer to categorize an employee as exempt, thus avoiding overtime pay. This is NOT the case. The Fair Labor Standards Act (the "FLSA") and the U.S. Department of Labor (the "DOL") have very specific guidelines for classifying employees as exempt or non-exempt.

An employer who purchases employment practices liability insurance likely expects coverage for claims of unlawful employment practices. Unfortunately, the devil is in the details in terms of what types of claims are covered and what types of claims are not covered, as well who is responsible for the legal fees incurred on the part of the employer in defense of such claims.

As an employer, you do not want to hire a new employee only to find out shortly after the hire, that the employee had signed a non-compete agreement with his or her previous employer. The employee in that instance may have less value to your company and the hiring may in fact lead to your company being named in a lawsuit along with the employee where the employer seeks to enjoin or restrict that employee working for you or doing certain things as an employee for your company.

  • Representation before the Harris County Appraisal District contesting 2012 appraisal of $3.13MM on a commercial warehouse owned by a firm client.  After failing to reach an agreement with the HCAD appraiser, PDH pursued a formal protest with the Appraisal Review Board and secured an order reducing the appraised value by 1/3 and reducing the annual tax savings by a low six figure amount.
  • Represented client in acquisition of real estate and facilitated the re-platting of property through local municipality.
  • Representation of purchaser in the acquisition of $5 million warehouse/distribution center in Houston.
  • Representation of purchaser in the acquisition of $12 million ranch in south Texas.
  • Representation of real estate borrower in refinancing of $7 million warehouse.
  • Drafting of restrictions and regulations for residential subdivisions, town home developments, residential condominium complexes, and office condominiums.
  • Numerous 1031--exchanges of commercial properties and apartment complexes
  • in various states.

While disputes are generally resolved through a trial (although in fact most disputes are resolved through a settlement after a lawsuit has been filed), many disputes may be resolved in a forum or proceeding that does not involve a court in any way. Two means to resolve disputes are mediation and arbitration.

What is a certificate of insurance? It is simply evidence of insurance of the person or company named on the certificate. It is not however absolute proof of insurance.

Standard certificates of insurance have been in use since 1976. Briefly, the certificate is the leading method for verifying certain information about one or more insurance policies, as of the date the certificate is issued. In general, certificates inform those who read them—as well as their recipients who are referred to as “certificate holders” of the following:

Background. You work with, or are considering working with, various vendors, suppliers, partners or other third-parties to either bring more value to your customers or to expand the current level of services that you can deliver. You are sharing information with other businesses in evaluating various ventures. These, and many other scenarios, require you to reveal to a third party, and to possibly receive from a third-party, confidential information.

Texas corporations are creatures of state law, formed under the laws of Texas, referred to as the corporation's state of incorporation. A Texas formed corporation which confines its operations to Texas does not need to worry about the corporate laws of other states. 

But generally shareholders of corporations want them to grow and increase profitability. For this purpose, Texas corporations will oftentimes expand operations outside Texas. Outside of its state of incorporation, a Texas corporation is viewed as a "foreign" corporation.

To allow insurance buyers to determine size and financial strength, an insurance rating is assigned by various independent organizations.  Those organizations that assign insurance ratings are referred to as insurance rating bureaus.


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