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November 1, 2019Brandi Binkley

Reverse Veil-Piercing — Whether A Judgement Creditor Has the Ability to Levy Execution on the Shares and Assets of a Corporation to Satisfy the Debt of a Shareholder

This is a case note about Yamin v. Carroll Wayne Conn, L.P., 574 S.W.3d 50 (Tex. App.—Houston [14th Dist.] 2018, pet. denied)

November 1, 2013Judith Elkin

Lifting the Veil and Finding the Pot of Gold: Piercing the Corporate Veil and Substantive Consolidation In the United States

You are sitting at your desk eating lunch when the phone rings. It is a friend of yours whois a corporate partner at another law firm. She has been representing a large real estatedeveloper for years. Her main client contact has always been the flamboyant majority owner ofthe enterprise, Joe Castle. His empire is crumbling. The real estate market has softenedsignificantly, and his bondholder creditors have just discovered that there is significantly moredebt owed than had allegedly been disclosed to them. She wants your help in defending againstpotential litigation.

April 1, 2020Sharrissa Stratton

Liability of Parent Corporation -- Whether the parent is liable for the actions of its subsidiary when the parent does not perpetrate fraud

In R&M Mixed Beverage Consultants, Inc. v Safe Harbor Benefits, Inc. 578 S.W.3d 218 (Tex.App. - El Paso 2019, no pet.), the Court of Appeals cites the Texas Supreme Court for the proposition that there must be evidence that one of the corporations was using the other for purpose of perpetrating actual fraud for the defendant's direct personal benefit. The Court found that the record showed no evidence of actual fraud and therefore the parent would not be liable for the subsidiary's action.

March 15, 2018Randall B. Wilhite

Business Drafting To Maintain the Separate Property of the Involved Entities

Any attorney assisting his or her client with estate planning documents needs to be aware of the potentially hidden land mines associated with marital property issues. This is particularly true because divorce professionals often find themselves unraveling, or attempting to unravel, a myriad of trusts and entities formed by clients with the help of their estate planning attorneys. This paper addresses the marital property issues that can arise in various estate planning documents and also describes some of the challenges that divorce professionals may make to trusts and entities and how to limit the effectiveness of those challenges.