Capital Newsletter, 2021 Issue Three – Legislative Update Issue

• Texas Lawmakers Pass Three Key Bills Amid Winter Storm Fallout
  Author: Theodore R. Harrington
• Texas Legislature Passes Law Providing Heightened Protection for Parties Affected by Pandemic
  Author: Rodney H. Lawson
• New Law Affects Expert Report Procedures in Health Care Liability Claims
  Author: Debrán O’Neil
• Texas Blockchain Legislative Updates
  Author: Tyler C. Wright
• A Sea-Change for Texas Construction Projects
  Author: Cathy Lilford Altman
• New Laws Permit Telehealth Expansion
  Author: D. Wade Emmert
• Texas Legislature Relaxes the Rule Against Perpetuities
  Authors: Catherine Bright Haws and Ashley E. McMillan

Capital Newsletter, 2021 Issue Two – Special Arbitration Issue

• Pros and Cons of Arbitration
  Authors: Bret Madole and Laura Hebert
• Five Practical Things to Consider, If You Include an Arbitration Clause in Your Contract
  Author: Ken Carroll
• Enforcing Your Arbitration Agreement: Where and How
  Authors: Ken Carroll and Neil Burger
• Can I Appeal a “Rogue” Arbitration Award?
  Author: Lyndon Bittle
• Supreme Court of Texas Clarifies Class Arbitration Issues
  Author: Brent Rubin

Capital Newsletter, 2021 Issue One

• SEC Loosens Restrictions on Exempt Securities Offerings
  Authors: George Lee and Kylie Jennings
• SEC Expands Categories of “Accredited Investors” 
  Authors: George Lee and Tyler Wright
• Office of the Comptroller of the Currency Issues First-Ever Federal Charters to Banks Specializing in Digital Assets
  Author: Hayden Baker
• New Nasdaq’s Proposed Rules Will Broaden the Boardroom
  Author: Andrea Perez

Capital Newsletter, 2020 Issue Two

• Practical Tips When Facing a Chapter 11 Bankruptcy Case
  Author: Jason M. Katz
• Reopening Your Business in the Time of COVID-19: A Customer Facing Approach
  Authors: Andrea N. Perez, Debrán O’Neil, Monica E. Gaudioso
• Never Let a Good Crisis Go to Waste
  Authors: Alex More, Evan A. Kirkham

Capital Newsletter, 2020 Issue One

• Changing Corporate Culture is Reshaping Tax Transparency
  Author: Bruce Hendrick
• Loss of Privacy Rights When Purchasing Art
  Author: Andrea N. Perez
• SEC Clarifies Fiduciary Duty of Private Equity Funds Managers
  Author: George T. Lee
• Oil and Gas Executive Rights – Drilling Down on Your Duty
  Author: Ted R. Harrington
• Foreclosure in Texas and The Extinguishment of Mechanic’s and Materialmen’s Liens
  Author: John S. Stevenson

Capital Newsletter, 2019 Issue Three

• Freaking Out About Fraud
  Author: Evan Kirkham
• Paid Sick Leave Laws: A Headache for Multi-Jurisdiction Employers
  Author: Maria Garrett
• Are You SOL in Trying to Enforce a Statute of Limitations in Arbitration?
  Authors: Lance Currie and Monica Gaudioso
• Pause Before You Say “Good Riddance to That Rejected Contract”: The Supreme Court’s Decision in Mission Product Holdings, Inc. v. Tempnology
  Author: Michelle Larson

Capital Newsletter, 2019 Real Estate and Construction Issue

• Texas’s HUB Program: M/WBE Opportunities for State Agency Contracts
  Author: Lance Currie
• Attracting the Best Design and Construction Firms in a Construction Boom
  Author: Cathy Altman
• Minimizing Liability of an Owner of a Texas Construction Project for Mechanic’s Lien Claims
  Author: David Drumm
• Contractual Insurance Requirements: Traps for the Unwary
  Author: Lyndon Bittle
• Construction Defects: Things to Remember to Make Sure You Can Get the Problem Fixed
  Author: Joshua Kipp

Capital Newsletter, 2019 Issue One

• Where There’s Smoke, There’s Fyre:  Spotting and Stamping Out Securities Fraud Exposure Before It Ignites
  Author: Evan Kirkham
• To VPP, or Not to VPP . . .
  Author: David Heidenreich
• Tax Savings through Qualified Opportunity Funds
  Author: Laura Hebert
• Limited Liability Company Officers and Members Must Remain Aware of Instances Permitting Individual Liability
  Author: Hayden Baker
• Federal Income Tax Allocation Clauses in Personal Injury Settlement Agreements
  Author: John S. Stevenson, III

Capital Newsletter, 2018 Issue One

• So You Want to Start a Cryptofund?  Contemplating Risk Factors to Include in Your Private Placement Memorandum
  Author: Evan Kirkham
• The Qualified Business Income Pass-Thru Deduction as Passed by the Tax Cuts and Jobs Act
  Author: Mike Peterson
• New IRS Audit Rules Affect Partnerships, LLCs and S Corporations
  Author: Laura Hebert
• Secured Creditors Beware:  Don’t Think You Can “Ride Through” a Bankruptcy Unaffected
  Author: Michelle Larson
• Advantages of NFA Gun Trusts – And the Need for Custom Drafting
  Authors: David Heidenreich and Michael Lin

Capital Newsletter, 2017 Issue Two

• The Hackers Are Here–Are You Covered?
  Author: Lyndon F. Bittle
• Building or Renovating a Home?  Five Ways To Protect Your Home And Your Investment
  Author: Kate Glaze
• Single-Click ADA Lawsuits:  High-Speed Claims Against Non-Compliant Businesses
  Author: John S. Adams

Capital Newsletter, 2017 Issue One

• Texas Court Weighs in on Admissibility of Comparable-Sales Evidence in Condemnation Cases
  Author: Neal J. Suit
• New SEC Rules Facilitate Raising Capital
  Authors: Amy E. Lott and Paul Lee
• Creating an Entity for Charitable Giving
  Author: Mike Peterson
• The Trump Transition: Consequences for Securities and Financial Regulations
  Authors: Lance Currie and Alex More
• Transfer on Death Deeds – An Alternate Method to Transfer Real Estate at Death in Texas
  Author: Michael Lin

Capital Newsletter, 2016 Special Healthcare Issue

• What is Good for One is Not Always Good for All:  Considerations When Operating a Healthcare Business in Multiple States
  Authors: Rodney H. Lawson and Debrán L. O’Neil
• Trademarks and Self-Named Businesses:  What’s In a Name?
  Author: Bret A. Madole
• Starting a Business with Family or Friends?  Agree on the Five “Ds” to Avoid Disaster
  Authors: Kelli M. Hinson and Amy E. Lott
• Fair Labor Standards Act -News Healthcare Companies Can Use
  Authors: Mike Birrer and Kyle A. Perkins
• Business Entities for Healthcare Services
  Author: Laura E. Hebert
• Physician Non-Competes: Special Considerations
  Author: Neil R. Burger

Capital Newsletter, 2016 Issue Two

• U. S. Supreme Court: Fraud by Any Other Name
  Authors: Mike Sutherland and Lisa Lucas
• Does the Texas Franchise Tax Affect the Type of Entity You Choose?
  Author: Mike Peterson
• Accidental Securities Offerings: Protecting Your Real Estate Investments
  Authors: Amy E. Lott and David Nibert
• Big Picture Issues in Property Management Agreements
  Authors: Kate Glaze and Bri Simpson

Capital Newsletter, 2016 Issue One

• Maximizing Value When Selling Your Business
  Author: Amy E. Lott
• Physician Non-Competes: Special Considerations
  Author: Neil Burger
• Pros and Cons of the Series LLC
  Author: Laura Hebert
• Which Type of Deed Should I Use?
  Author: Kate Glaze

Capital Newsletter, 2015 Issue Three

• Cybersecurity & Corporate Governance: How to Move Beyond Fear & Uncertainty to Pragmatic Solutions
  Author: Sara Romine
• General Partners Beware – Texas Supreme Court Allows Suit Against General Partner Fifteen Years After Conduct at Issue
  Author: Tim Gavin
• Fifth Circuit Sets New Standard for Professional Fee Compensation in Bankruptcy Cases
  Authors: Mike Sutherland and Lisa Lucas
• PlainsCapital Bank v. Martin: Re-examining Debtors’ Rights in a Post-Foreclosure Deficiency Suit
  Author: Amanda Thurman

Capital Newsletter, 2015 Issue Two

• What Happens When Your Business Partner Is Getting A Divorce?
  Author: Carmen Eiker
• Keeping The Craft In A Craft Beer
  Author: Bri Simpson
• Brewers Bring Suit Against The TABC For Unconstitutional Taking
  Author: Richard Rohan
• Do You Really Need A Non-Compete Agreement?
  Author: Sara Romine
• Don’t Tell Anyone! (Except the SEC)
  Author: Lance Currie
• Protecting Minority Shareholders After The Death of “Shareholder Oppression”
  Author: Kelli Hinson

Capital Newsletter, 2015 Issue One

• Residential Construction Warranties in Texas
  Author: Christopher M. Hodge
• Tired of Waiting on the SEC, Texas Adopts Intrastate Equity Crowdfunding Exemption
  Author: Thomas S. Conner
• The Section 548(C) Defense to Fraudulent Transfers in Bankruptcy Cases
  Author: Lisa M. Lucas

 Capital Newsletter, 2014 Issue Three

• Texas Supreme Court Rules That Some Common Law Exceptions Apply to the “No Damages for Delay” Clause in Your Construction Contract
  Author: Cathy Altman
• Neglect the Registered Agent, Risk Losing a Lawsuit
  Author: Parker Graham
• Mineral Coverage Under Texas Title Insurance Policies: An Overview of T-19 Endorsements
  Author: Amanda Thurman

Capital Newsletter, 2014 Issue Two

• Assignment of Rents: An Under-Utilized Tool In Single Asset Bankruptcy Cases In Light Of Section 64 Of The Texas Property Code
  Authors: Mike Sutherland and Lisa Lucas
• Perfecting A Security Interest In Proceeds
  Author: Laura Hebert
• I Need A Securities License To Sell An Orange Grove?  When Real Estate Is A “Security” and Understanding The Consequences
  Author: Lance Currie

Capital Newsletter, Special Oil and Gas Industry Edition

• Dallas Drilling Ordinance
  Author: Jorge I. Gutierrez
• Maneuvering The Traps of CFIUS To Enable Chinese Investment in U.S. Energy Assets
  Author: David G. Drumm
• San Antonio Court of Appeals Issues Important Opinion in Chesapeake Royalty Dispute
  Author: Richard A. Rohan
• Dealing With Suspense Accounts for Mineral Interest Production
  Author: Corbet F. Bryant, Jr.

Capital Newsletter, Winter 2014

• Texas Supreme Court Clarifies Contractual Liability Exclusion
  Author: Lyndon F. Bittle
• Fannie Mae Sues Global Banks for Libor Manipulation
  Author: Charles Jordan
• Texas Supreme Court to Rule on Construction Contract No-Damages-For-Delay Clauses
  Author: David Diamond
• Expired Tax Provisions That May Affect You
  Author: Mike Peterson
• New Changes to Texas Rules of Civil Procedure
  Author: Debrán O’Neil

Capital Newsletter, Fall 2013

• Shareholder Disputes in Closely-Held Companies
  Author: Kelli Hinson
• The Electronification of the Open Meeting
  Author: Charles Jordan
• Understanding the Attorney-Client Privilege
  Author: Neal Suit
• Texas Supreme Court Will Hear One of Two Court Decisions Influenced by Environmental Concerns
  Author: Michael Lin

Capital Newsletter, Summer 2013

• It’s A Risky Business – Allocating Risk in Construction Contrcts
• No Longer “Business As Usual” For Texas Property Owner Associations
  Author: Bonnie Barksdale
• Windsor v. United States Has Important Impacts On Employers
  Author: Angelina LaPenotiere
• When It Comes To Names And The UCC, You Need To Sweat The Small Stuff – Update
  Author: Don Hanmer

Capital Newsletter, Spring 2013

• Doing Business With Health Care Providers
  Co-Authors: Rodney H. Lawson and Debrán O’Neil
• Recent Circuit Cases Threaten Cramdown Of Lenders in Chapter 11
  Co-Authors: J. Michael Sutherland and Lisa M. Lucas
• Texas Homestead Exemptions
  Author: Bonnie C. Barksdale
• Court Holds That Lost Rental Value Is Not Recoverable As Delay Damages
  Author: Neal J. Suit
• Texas Adopts The Uniform Trade Secrets Act
  Author: Kyle A. Perkins

Capital Newsletter, Winter 2013

• New Far-Reaching HIPAA Rule Applies to More Businesses Than Ever
  Author: Rodney H. Lawson
• Common Law Exceptions May Not Apply to the “No Damages for Delay” Clause in Your Construction Contract
  Author: Cathy Altman
• The Shifting Landscape in Construction Contracts: The Texas Anti-Indemnity Act
  Author: Neal Suit
• Understanding the Differences Between Indemnity and Exculpatory Clauses
  Author: Neal Suit
• Sufficient Descriptions of Property When a Metes and Bounds or Lot/Block Description is Unavailable
  Author: Alex More

Capital Newsletter, Fall 2012

• Delaware Confidential Arbitration Proceedings Found Unconstitutional
  Author: Neal Suit
• Statutory Form Now Required for Construction Mechanic’s Lien Releases
  Author: Kate Glaze
• LIBOR: An Endangered Species?
  Author: Charles Jordan
• Margin Taxes and Leases: Who Should Pay?
  Author: Mike Peterson
• Texas Supreme Court Upholds Constitutionality of Margin Tax
  Author: Mike Peterson

Capital Newsletter, Winter 2009

• Construction Contracts – AIA v. ConsensusDOCS, An Owner’s Perspective
  Author: Kate Glaze
• SPEs – Banktruptcy Remote? Not So Much
  Author: Don Hanmer
• Protecting the Value of Letters of Credit
  Author: Laura Hebert

Capital Newsletter, Fall 2009

• Wellbore Assignments – Some Guidance At Last
  Author: David Drumm
• New Minerals Coverage Available in Texas Title Insurance Policies
  Author: Bonnie Barksdale

Capital Newsletter, Summer 2009

• Green Building Leases
• Green Building Write-offs: Energy Efficient Commercial Building Property Deduction Extended
  Author: Charles Jordan
• Post-Foreclosure Deficiency Suits Against Borrowers and Guarantors
  Author: Bonnie Barksdale
• Dealing With A Shaky Bank? Beware! D’oench, Duhme and 1823(E) Of FIRREA Are Back in the Courts
  Author: Don Hanmer

Capital Newsletter, Spring 2009

• When it Comes to Names and the UCC, You need to Sweat the Small Stuff
  Author: Don Hanmer
  
• Over 65 and Thinking of Downsizing?
  Author: Mike Peterson