Outside General Counsel – Consejero General Externo
Thomas M. Fountain & Associates has several programs marketed to the small to mid-size business owner by which to assist those companies which do not require a full time on staff general counsel. Whether it be litigation, transactions, or regulatory compliance, we can help! Just a few ways we do that would be in providing […]
Newsflash for Employers – Religious Discrimination
The EEOC has just filed a suit against an Employer (Decostar) who, according to the EEOC, discriminated against their employee because the Employer attempted to force the employee to work overtime against their religious beliefs. The release by the EEOC reads in part: “According to the EEOC’s suit, Decostar violated federal law by firing Dina […]
USAA V Menchaca~USAA Lloyds Seeks Rehearing
As we previously reported, recently, our Texas Supreme Court issued a major new ruling directly affecting Texas homeowners. The insurer has let the Court they wish to seek a rehearing as to the Court’s opinion. The Motion has not yet been filed, but when it is, we will we will update you accordingly. As we […]
New Texas Supreme Court Case ~ USAA V Menchaca
For many years, homeowners in the state of Texas have sought policy benefits from their homeowners insurance companies. Most of these revolved around allegations that their home was damaged during a storm, whether it be a hailstorm, severe windstorm, or tropical disturbance such as a hurricane. When these claims were adjusted, many of these homeowners […]
General Counsel for the Small Business Owner
With our economy starting to recover over the past few months, we are seeing many small business owners prepare to re-enter the market or expand their services. New clients are sought, new deals are negotiated, and new contracts are needed. To help our client’s navigate the maze of new legal cases which are decided every […]
A Primer for Property Insurance for Homeowners and the Small Business Owner
1. Know the Market~ Whether it be to insure your company’s location, or your home, from unexpected losses, it is important to know the availability of insurers in your marketplace. For example, your independent agent services a variety of insurers, but not all of them for any given location. Often, an insurance company will want […]
Hotel Investor Secures Favorable Settlement in Business Litigation
Recently, the Firm of Thomas M Fountain & Associates, PC resolved a long standing business litigation dispute between the owners of three (3) hotels. The case was pending about four (4) years when the Firm was asked to take the case over. The lawsuit had already been to mediation six (6) times, which yielded no […]
A Word on Home Warranties…
First Time Home Buyers are often overwhelmed with the “Do”s and “Do Not”s of home ownership. While most are familiar with the principles behind the need for home insurance, and the added benefits of flood insurance, many have not been exposed to anything beyond that basic knowledge. In efforts to further protect themselves, the homeowners […]
Risk Shifting~Texas Contracts & Insurance Agreements
In Texas, there are two accepted ways of shifting the risk to another using contracts and insurance agreements. One is to contract it away using an indemnity clause. An indemnity agreement is a promise to safeguard or hold the one of the contracting parties harmless against either existing and/or future loss, damage or injury liability. Obviously, […]
Why Outside General Counsel? Part 2~Negotiation of Office Leases and Insurance Policies.
In The Woodlands Texas, and especially in the Greater Houston, Texas area, one of the unfortunate consequences of the recent downturn of oil and gas prices, has been what is often phrased as a “buyer’s market” in the commercial real estate market. Many businesses have decided to take advantage of this by investigating new […]