A chronic issue in Texas law is defining when representations made by a “seller” prior to contract execution bind the seller, notwithstanding contract language that purports to disclaim or otherwise limit the “buyer’s” right...more
6/1/2022
/ As-Is Clauses ,
Buyers ,
Contract Terms ,
Disclaimers ,
JPMorgan Chase ,
Merger Clause ,
Misrepresentation ,
SCOTUS ,
Sellers ,
State Law Tort Claims ,
TX Supreme Court ,
Warranties
Contract parties, sophisticated and unsophisticated, often attempt to limit their exposure to post-execution claims of the contract counterparty, particularly to misrepresentation claims, by the contract language. These...more
3/30/2022
/ As-Is Clauses ,
Buyers ,
Construction Contracts ,
Contract Disputes ,
Disclaimers ,
Merger Clause ,
Misrepresentation ,
Sellers ,
State Law Tort Claims ,
Texas ,
TX Supreme Court ,
Unfair or Deceptive Trade Practices
The Texas legislature has sent to Governor Abbott a bill closing a huge loophole in the Texas statute requiring the award of attorneys’ fees to a successful plaintiff in most breach of contract actions. Texas courts...more
We’ve all heard the sad story: A transaction is about to close. The buyer is preparing to wire funds to the seller. Unbeknownst to the buyer, a hacker has hijacked the parties’ email communications to replace the wiring...more
4/26/2021
/ Asset Recovery ,
Cyber Attacks ,
Cyber Crimes ,
Cybersecurity ,
Direct Deposit ,
Domain Names ,
Email ,
FBI ,
Hackers ,
Information Technology ,
Spoofing
The Texas Supreme Court recently issued an important decision regarding the ability of general contractors to seek indemnity from manufacturers of defective products. In Centerpoint Builders GP, LLC v. Trussway, Ltd., the...more
A false notarized payment application signed by a Contractor and submitted to an Owner may make both the Contractor and the person who signed the false application personally liable for damages suffered by the Owner. ...more
Several cases have held that a homeowner cannot sue a subcontractor for defective work because the homeowner’s contract is with the general contractor and not the subcontractor. Those cases left it to the general contractor...more
A recent Texas Supreme Court decision has important implications for the policies companies follow in Texas to avoid accusations that they have tampered with evidence or destroyed records improperly. The Supreme Court...more
In recent years there has been a great deal of media coverage and professional CLE programming on Foreign Corrupt Practice Act prosecutions and enforcement actions brought by the Department of Justice ("DOJ") and the...more