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 […]

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 Word on Home Warranties…

Posted by on Sep 23, 2016 in Insurance, Real Estate | No Comments

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 […]

Why Outside General Counsel? Part 1….

Occasionally, it is necessary for an organization to conduct an inquiry to discover salient facts which pertains to acts or omissions that can generate civil or criminal liability for an organization. Whether it be irregular stock trades, allegations of illegal employment discrimination, a civil lawsuit, a key employees sudden departure, or a grand jury subpoena, […]

Outside General Counsel Program for Small Business Owners

After planning for many months, Thomas M Fountain & Associates, P.C. is now offering a new program focused toward the small business owner. While most large and even medium sized business have hired attorneys to act as General Counsel, most small companies and those in the start up modes, do not wish to allocate funds […]

National Law Day 2015 – One’s Right to Question

Today we celebrate National Law Day and it brings to me many memories of why I decided to attend law school as a young man.  While growing up in Galveston County, Texas I was able to see many different aspects of our small community such as the elections, the court system, and our peace officers […]

Shopping for a Home? Beware of Your Prepurchase Inspectors!!!

When purchasing a home, it is a good practice to have a professional inspect the house before closing.  Many homes are sold “As Is”, which is to say that the seller makes no assertions as to the condition of the home.  Moreover, additional disclaimers of warranties are made, all in an effort to make the […]