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Practicing Law and Wellness: Modern Strategies for the Lawyer Dealing with Anxiety, Addiction and Depression
How to Legally and Ethically Hire and Fire Employees
The One Minute Manager Prepares for Mediation: A Multidisciplinary Approach to Negotiation Preparation
This article endeavors to explain simple tools that may assist lawyers and managers in preparing for mediation success.3 Part I reviews an outline for traditional legal and factual analysis of litigated cases. Part II layers economic decision tree analysis atop that foundation. Part III acknowledges that we all have biases and draws on psychological scholarship to help isolate their effects. Part IV synthesizes this analytical work into an adapted negotiation planning instrument. Finally, because different people play different roles in unraveling a dispute, Part V offers a decision tree designed to help disputants not only design a dispute resolution process tailored to their case, but also decide what roles should be cast and who would be the most effective choice for each role.
Primer on Legal Opinions
This Article will discuss a few significant topics that have been the subject of recent discussion at the WGLO Seminars and among legal opinion practitioners, including recent litigation and claims against law firms relating to legal opinions. As an initial matter, it should be noted that many of the recent claims against laws firm based upon legal opinions are related to facts assumed or stated, to negative assurances, and to the wording of the opinions as to qualifications and limitations, rather than to alleged mistakes of law in the opinions that are actually expressed.
Employment Practices: Insurance and Insurance for Nonsubscribers
View from the Secretary of State Office: Issues, Traps, Development
On January 1, 2010, the Texas Business Organizations Code (BOC) applied to all entities. Many entities and practitioners are now asking whether the governing documents of an entity must be amended to comply with the BOC. Section 402.005(a)(2) states that a domestic or foreign filing entity is not considered to have failed to comply with the BOC if the entity‟s certificate of formation or application for registration does not comply with the code. However, section 402.005(a)(3) and (4) state that the entity should file an amendment to conform its certificate of formation or application for registration to the BOC when it next files an amendment to its certificate or application. What does “conform” mean? To “conform” means “to be similar” or “to be in accord or agreement.”
Obtaining Financing for your Business
Raising money for a business invariably involves selling a security in exchange for money unless commercial lines of debt are utilized such as bank lending, other similar lending, or vendor financing. If a security is sold by the issuer company, applicable securities laws must be complied with both at the state and federal levels. Federal securities laws are primarily embodied in the Securities Act of 1933 (the "Securities Act"). State securities laws are generally set out in what is commonly known as "Blue Sky" laws. The Texas Securities laws are found in the Texas Securities Act (the "Texas Act").
How to Organize your Business with Respect to the Estate Tax Situation
Family business succession planning is the cornerstone of any successful family business owner‟s estate plan. As is often the case, however, planning for the inter-generational transfer of ownership and control of the business becomes complicated by the intragenerational conflicts of the business owner‟s heirs. These conflicts among members of the second generation, if severe enough, can render the effective management of the business by the second generation virtually impossible, leading to a loss in productivity and profitability with a resulting decline in the enterprise‟s value.
How to Organize your Business with Respect to the Estate Tax Situation
Family business succession planning is the cornerstone of any successful family business owner‟s estate plan. As is often the case, however, planning for the inter-generational transfer of ownership and control of the business becomes complicated by the intragenerational conflicts of the business owner‟s heirs. These conflicts among members of the second generation, if severe enough, can render the effective management of the business by the second generation virtually impossible, leading to a loss in productivity and profitability with a resulting decline in the enterprise‟s value.