Southlake, TX
Business Lawyer at Southlake, TX
Practice Areas: Business, Contracts & Agreements ... +10 more
While courts favor the enforceability of arbitration agreements, a court cannot compel a party to arbitrate matters that he/she/it did not agree to arbitrate. Overview Under both Texas and Missouri la...
See Full GuideGuaranty agreements some with exacting standards favoring the guarantor Guaranty Agreements Are Construed in Favor of the Guarantor Guaranty agreements are not construed as ordinary contracts under Te...
See Full GuideA default judgment defendant must prove three factors, commonly known as the Craddock factors. First Craddock Factor Defendant must prove that its failure to file an answer or appear was not intention...
See Full GuideHere is an overview of a few improper uses for declaratory judgments in Texas. Declaratory Judgments Are Not Available to Settle Disputes Already Pending Before the Court. “The Declaratory Judgment Ac...
See Full GuidePartners Do Not Breach Fiduciary Duties by Refusing to Sell to Another Partner Partnership Agreement Controls To the extent applicable, the provisions of a partnership agreement generally govern “the...
See Full GuideManaging Partners Have Heightened Fiduciary Duties Under Texas Law Overview “Transactions in which a corporate fiduciary derives personal profit, either in dealing with the corporation or its property...
See Full GuidePartners Have an Unfettered Right to Inspect Books and Records of the Partnership. Overview It is the longstanding law of Texas that a partner has the fundamental, inherent right to inspect the books...
See Full GuideA partner does not breach a fiduciary duty by acting in accordance with his/her/its contractual rights. A Partner Acting Pursuant to a Contractual Right Does Not Breach a Fiduciary Duty. Under Texas...
See Full GuideThere are two essential terms necessary to create an enforceable settlement agreement: (1) performance of some act, typically the payment of money and (2) release of disputed claims. Essential Terms f...
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