Brown McCarroll | Resource Center | Articles

A Construction Attorney’s Guide to the New Lien Waivers

2012-03-26T21:40:01+00:00

This last session, the Texas Legislature enacted new statutes governing waiver and release mechanic’s and materialmen’s liens. These statutorily created liens protect laborers and suppliers from nonpayment for work provided or material delivered on a construction project. They serve as a powerful tool. When perfected, a statutory lien attaches to the property and is subject to judicial foreclosure if payment is not made. This is true even when there is no privity of contract between the property owner and the lien claimant.

You Want Me To Pay For What? Protecting Yourself with Indemnity Clauses in the Game Industry

2012-01-05T21:01:06+00:00

What exactly is an indemnity clause? When does it come into play? Why should you be concerned about it? Indemnity clauses are common in development and licensing agreements in the video game industry. Video game developers often request that programmers, artists or designers indemnify them, and game publishers in turn often request that developers indemnify the publisher.

2011 Texas “Probate and Trust” Legislative Update

2012-01-01T15:40:53+00:00

Texas legislative changes affecting probate, guardianships, trusts, powers of attorneys, and other areas of interest to estate and probate practitioners.

When Online Critics Attack

2011-11-21T18:41:42+00:00

For a professional, a solid reputation among clients, peers and the online community is key to success. It only takes one person — an unhappy client, a disgruntled employee, an ex-business partner or significant other, or a desperate competitor — to start an online smear campaign.

A Practical Guide to Construction Insurance

2011-09-22T14:47:21+00:00

C.A. (Joe) Davis and Lorinda Holloway author "A Practical Guide to Construction Insurance."

The Two-Year “Solution”

2011-05-12T16:35:24+00:00

An Introduction to the Solutions Provided and Issues Raised by the Estate, Gift, and GST Tax Provisions of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010.

Know Before They Knock: Implement a Response Protocol Before an OSHA Inspector Arrives

2011-04-06T13:10:33+00:00

As the Department of Labor turns up the heat on OSHA enforcement, it is time for employers to review and shore up their safety programs and safety compliance. It’s also time for in-house counsel to ensure that their companies have promulgated a response protocol for OSHA inspections. Because OSHA inspectors arrive at worksites without notice, the response protocol must be prepared and implemented in advance. In-house counsel should make sure the protocol addresses each step of the onsite inspection.

EEOC Issues Final GINA Regulations

2011-02-18T15:00:57+00:00

Deborah Hiser discusses the Genetic Information Nondiscrimination Act of 2008.

Handle E-Discovery Issues Easily

2011-01-31T18:01:18+00:00

Partner Daniel Smith writes on the latest Texas e-discovery litigation issues.

Acquisition Due Diligence Checklist

2010-12-15T22:07:27+00:00

Access a due diligence checklist for real estate acquisitions, provided in conjunction with The Texas Real Estate Blog entry, "Those Dang Service Contracts."

Are We Having Fun Yet?

2010-12-13T14:37:08+00:00

Preliminary “Translation” of the Estate, Gift, & GST Tax Related Provisions Contained in The Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010.

New Section 501 (r) - Codification of Requirements for Charitable, Tax-Exempt Hospitals

2010-09-21T14:09:53+00:00

The Illinois Supreme Court filed their decision on March 18; the Affordable Care Act became law on March 23. Within the Affordable Care Act (itself modified by the health Care and Education reconciliation Act of 2010 ("HCERA") (P.L. 111-152), signed on March 30), key provision bear particular notice from the tax-exempt healthcare compliance officer. This article summarizes new Section 501 (r) of the Internal Revenue Code of 1986, as amended ('Code"), including public comments from industry groups which were provided in July of 2010.

Tired of the Rat Race? A Concierge and Direct Medical Practice May Be the Answer for You

2010-07-01T17:53:44+00:00

Many doctors tired with the stresses of “hamster medicine” and faced with declining payment streams and rising administrative costs, are saying “hasta la vista” to the current method of practicing medicine. These doctors are moving toward what is commonly referred to as: “Boutique care,” “VIPcare,” “Concierge care,” or a “Retainer Practice,” all of which describe an emerging phenomenon in the practice of medicine.

The Texas Appeal Process Under the Medicaid Integrity Program

2010-06-01T21:11:55+00:00

Like it or not, Texas’ health care providers face another major round of audits, and possible recoupments. This time the focus is on Medicaid providers. In fact, many Texas health care providers and facilities are already under audit, or have an audit scheduled, as part of the Texas Medicaid Integrity Program. And over the course of 2010, many more providers will be notified of impending audits.

Charities, Foundations, and Supporting Organizations for the Non-Exempt Organizations Specialist

2010-05-01T15:11:02+00:00

Considering the fact that entire treatises have been written about private foundations, the general tax practitioner might appreciate a more simplified explanation of the "fantastically intricate and detailed" rules that arise in this subset of tax-exempt laws. Much of the blame for the confusion surrounding supporting organizations rests with the shotgun-style statutory approach of the charitable and tax-exempt laws.

Don’t Be So Quick to Judge Health Care Reform

2010-04-02T20:16:37+00:00

Recently, the business journals network published a survey of small and midsize business owners and their attitudes regarding health care reform. In broad terms, the survey indicated that only 33 percent of the owners are somewhat supportive of health care reform while 60 percent didn’t care or were not in support of health care reform.

Sellers, Protect Your Assets, But Get the Deal Done

2010-03-11T15:03:43+00:00

The economic crisis is driving some sellers to take desperate actions, but a seller’s zeal to get a deal done should not outweigh the protection of its assets prior to closing. When evaluating real estate deals, sellers should carefully consider the terms they negotiate in letters of intent and confidentiality provisions or agreements.

Chapter 7 Commercial Bankruptcy Strategies

2010-03-01T20:35:29+00:00

Chapter 7 Commercial Bankruptcy Strategies, 2010 Edition: Leading Lawyers on Navigating the Chapter 7 Filing Process, Understanding Bankruptcy Trends, and Advising Clients (Inside the Minds)

More Disclosure Requirements From Your Friendly Neighborhood IRS

2010-02-23T21:19:47+00:00

Continuing a trend towards increasing detailed taxpayer disclosures (which tax-exempt healthcare providers have seen through the recently re-vamped Form 990), the Internal Revenue Service (IRS), in Announcement 2010-9, 2010-7 (Jan. 26, 2010) (Announcement), set forth the IRS's development plans for a new scheduled to be attached to certain taxpayer' annual tax returns. This article identifies the key components of the Announcement that have potential impact on healthcare organizations.

Child Abuse, Confidentiality, and the Health Insurance Portability and Accountability Act

2010-01-01T16:39:52+00:00

The federal Health Insurance Portability and Accountability Act (HIPAA) of 1996 has significantly affected clinical practice, particularly with regard to how patient information is shared. HIPAA addresses the security and privacy of patient health data, ensuring that information is released appropriately with patient or guardian consent and knowledge. However, when child abuse or neglect is suspected in a clinical setting, the physician may determine that release of information without consent is necessary to ensure the health and safety of the child. This policy statement provides an overview of HIPAA regulations with regard to the role of the pediatrician in releasing or reviewing patient health information when the patient is a child who is a suspected victim of abuse or neglect. This statement is based on the most current regulations provided by the US Department of Health and Human Services and is subject to future changes and clarifications as updates are provided.