Property insurance policies routinely include an appraisal clause that sets forth a non-judicial procedure for resolving disputes about the "amount of loss," i.e., the value of damaged property or the cost of repairs. When properly invoked […]
The presentation will focus on the advantages, disadvantages and hurdles in using either lending source. We will focus on new developments in both sources of financing arising from the recent down cycle. In particular, the presentation will identify […]
Lenders are correct in being cautious when foreclosing on commercial properties where the use or storage of hazardous materials may result in liability for environmental contamination. However, the U.S. Comprehensive Environmental Response, Compensation […]
Clients often simultaneously retain a lawyer and an accountant who work together to meet the client's legal needs. For example, in the course of a transaction, the client may need an attorney to address legal issues and document the transaction […]
KRCL Director Joseph M. Coleman presented Managing the Meltdown: An Examination of Creditors' Bankruptcy Strategies to MEMA Financial Services Group, Inc., at the MFSG 2013 Educational Seminar in Detroit September 18.
The risk of spoliation of evidence is a continuing concern in construction litigation. Simply defined, spoliation is the improper alteration or destruction of evidence, proof of which may give rise to a presumption that the evidence would have been harmful […]
In the prior Environmental Alert (2 of 3), we discussed Compressed Natural Gas ("CNG") regulations specific to Texas certification requirements and state-collected fees for licensing and permitting related to CNG installations and servicing […]
Michael A. Logan The Texas Supreme Court recently issued an important decision settling insurance coverage issues in the construction defect context that had been undecided or inconsistently applied in the past. Lennar Corp. v. Markel American […]
The Series LLC is a relatively new form of business entity in Texas. It was added to the Texas Business Organizations Code in 2009. Because the Series LLC is new, many attorneys and bank officers are unfamiliar with the opportunity and risks a Series […]
First amendment scholars widely agree that when it comes to protecting free speech and prohibiting defamation, it is a zero-sum game. The United States Supreme Court has recognized this tension, noting "[w]hatever is added to the field of […]
On June 21, the Texas Supreme Court issued its long-awaited opinion in The Finance Commission of Texas v. Norwood [1],bringing an end to nine years of litigation over minutiae of Texas home equity lending laws. The opinion is important to the banking […]
On June 21, the Texas Supreme Court issued its long-awaited opinion in The Finance Commission of Texas v. Norwood [1],bringing an end to nine years of litigation over minutiae of Texas home equity lending laws. The opinion is important to the banking […]