Business and Corporate Law

• Corporate Law
  Commonly known as "HOAs," homeowner and condominium associations provide numerous benefits to communities and property owners. Homeowners' associations have spread prolifically throughout the country, particularly in Texas, which has given rise to unique disputes and legal issues. More recently, legislative initiatives have imposed additional obligations on the corporate governance of homeowners' associations. Our attorneys have a wealth of experience in resolving disputes and advising property owners associations on these complicated legal issues.
• Business Disputes
  We also provide the highest quality local counsel services, particularly in federal court. Our successful local counsel engagements include representing some of the world’s largest corporations from case filing through trials and appeals. Our attorneys, including former United States District Court law clerks, are intimately familiar with Texas federal courts and their likes and dislikes. We diligently and capably take care of local procedure so that out-of-town counsel can focus on the merits of presenting the client's case most effectively. Our representative experience as local counsel includes intellectual property, insurance defense, commercial and business disputes, and more.

Employment Law

• Employment Contract
  Non-Competition covenants entered into prior to an employee’s termination are technical, frequently litigated, and subject to changing rules between the courts and legislature over time. Such covenants are beyond the scope of this article. However, it is important to seek legal counsel about the impact of separation agreements on non-competition clauses. For example, a Company may want to avoid provisions in a separation agreement that state: “This Agreement constitutes the entire agreement between the parties and replaces all prior agreements and understandings, written or oral, between the parties.” As another example, a Company and departing employee might mutually release all claims against each other in a separation agreement. Either of the foregoing could be argued to waive or release an employment agreement and thereby render a non-competition (or non-solicitation or confidentiality, etc.,) clause unenforceable by the Company. A departing employee will want to know whether a non-competition clause permits him or her to accept a new job with a potential competitor of the Company they are leaving. Either party, in most instances, would be well-advised to obtain legal counsel about the impact of a separation agreement on a non-competition covenant.
• Employment Litigation
  This is an opportunity for a motivated associate with civil defense litigation experience and exceptional written, organizational, and analytical skills to be part of a team that handles a diverse range of litigation matters including personal injury defense, transportation, insurance, commercial, property owners' association, and employment disputes.

Property Law

• Real Estate Litigation
  Kristen is an associate attorney in the firm's HOA department. Kristen's practice includes representing clients in real estate matters involving property owners' associations. She serves her clients by drafting, amending, and filing dedicatory instruments and other community association governing documents.
• Property Damage
  In Hoskins, the Fifth Circuit concluded that the Carmack Amendment provides the exclusive cause of action for loss or damage to goods arising from the interstate transportation of those goods by a motor carrier. This means that the Carmack Amendment completely preempts any and all state or common law claims arising from or related to loss or damage to property transported interstate, such as negligence, breach of contract, or violations of Texas statutes. The preemptive scope of the Carmack Amendment is broad and sweeping. It preempts not only property damage claims, but also claims regarding pre-move representations and post-move claims process.

Health Law

• Personal Injury
  Davinder Jassal is an Associate Attorney with Henry Oddo Austin & Fletcher, P.C., specializing in Transportation Law and Personal Injury Defense. This article is made available by the attorney and/or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law; it is not being made available to provide specific legal advice. By using this website and/or article, you understand that there is no attorney-client relationship between you and the law firm publisher or attorney author. This website should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

Finance Law

• Foreclosure
  Defended claims against property owners' associations and board members regarding claims involving board governance, enforcement of deed restrictions, challenges to lien foreclosures, architectural control committee decisions, and counter-claims in assessment disputes.
• Tax Law
• Debt Collection
  Insurance disputes can arise in a variety of areas. We have been engaged by our clients to resolve insurance disputes in areas from environmental contamination to debt collection, from dram shop liability to cell phone radiation, from home mortgages to products liability. We counsel and represent our clients in claims involving comprehensive general liability policies, automobile policies, homeowner’s policies, marine and cargo policies, environmental impairment liability policies, employment practices policies, mortgage insurance policies, directors and officers liability policies, non-profit management liability policies and excess/umbrella policies.