ArticleTexas Supreme Court Confirms Broad Scope Of Anti-SLAPP LawBack in late 2015, I wrote a five-part series on the Expanding Scope of the TCPA or Texas' Anti-SLAPP law.United StatesLitigation, Mediation & ArbitrationGray Reed
ArticleDid This "Deed" Convey Fee Simple Or An Easement?BNSF v. Chevron Midcontinent LP et al. asked whether a 1903 deed granted BNSF's predecessor a strip of land in fee simple absolute or only an easement.United StatesReal Estate and ConstructionGray Reed
ArticleTexas Supreme Court Allows Enforcement Of A JOA Debt After ForeclosureIn Steelhead Midstream Partners, LLC v. CL III Funding Holding Company, LLC, the Texas Supreme Court authorized a pipeline owner's breach-of-contract...United StatesReal Estate and ConstructionGray Reed
ArticleHow To Distinguish Between Willful And Non-Willful FBAR PenaltiesThe Bank Secrecy Act requires U.S. taxpayers to file annual reports with the government if their foreign accounts exceed $10,000 at any time in a calendar year.United StatesTaxGray Reed
ArticleTexas Court Evaluates Consent To Assign An Oil And Gas LeaseIn Mayo Found. For Med. Educ. & Research v. BP Am. Prod. Co. a United States District Court considered the circumstances under which a lessor can withold its consent to assign an oil and gas lease.United StatesEnergy and Natural ResourcesGray Reed
ArticleThe Taxman, Technology Litigation And Cavalier Settlement StructuresIntellectual property ("IP") is hugely important to businesses. Given that importance, IP owners must occasionally litigate against the unauthorized use of their technology. United StatesIntellectual PropertyGray Reed
ArticleWeathering The Storm—Part 2: Understanding Liquidated And Consequential Damages In Construction ContractsWhen project delays occur due to natural disasters, the financial implications can be severe. Construction stakeholders often focus on immediate physical damages while overlooking the potentially.United StatesReal Estate and ConstructionGray Reed
ArticleIRS Concedes Yet Another Form 3520 Related Penalty CaseUnited States citizens and residents are often not aware of the myriad of foreign information return filing obligations that exist under federal tax laws.United StatesTaxGray Reed
ArticleFrustrations With ERC Claims Persist, This Time With PEOsFederal payroll obligations imposed on employers can be expensive and time-consuming. Therefore, it is not uncommon for companies to outsource these responsibilities to third parties referred to as "third-party payers" (TPPs).United StatesEmployment and HRGray Reed
ArticleFederal Court Gives A Primer On Oil And Gas Lease MaintenanceIn re: EP Energy E&P Company, LP considered three lease maintenance provisions in several oil and gas leases. The federal district court ruled that the leases...United StatesEnergy and Natural ResourcesGray Reed
ArticleOil Fraud Defendant Tries To Evade SEC ComplaintWe haven't presented 2023's Bad Guys in Energy, but we have SEC v. Bowen, Baker, Cannon Operating and others as an example of garden variety securities fraud.United StatesEnergy and Natural ResourcesGray Reed
ArticleEconomic Outlook – The Impacts Of Inflation And Interest Rates On The Construction IndustryWhat's the deal with inflation and interest rates? Inflation has been, unfortunately, a hot topic as of late. In the wake of COVID-19, inflation has caused rising prices and unpredictable...United StatesReal Estate and ConstructionGray Reed
ArticlePartnership Beats IRS In Tax Court: BBA Election Held ValidIn tax cases, sometimes procedure alone wins the day. In SN Worthington Holdings LLC v. Comm'r, 162 T.C. No. 10 (May 22, 2024), a partnership made an election to have its audit conducted under the new Bipartisan Budget Act.United StatesTaxGray Reed
ArticleSEC's Actions Against FTX's Auditor Provide A Cautionary TaleThe Securities and Exchange Commission (SEC) has recently disclosed two settled enforcement actions against Prager Metis CPAs, an audit firm linked to FTX, the now-defunct crypto trading platformUnited StatesCorporate/Commercial LawGray Reed
ArticleThe Impact Of The Federal Trade Commission's Noncompete Ban On The Construction IndustryFor years, there has been a state-by-state push to restrict or prohibit non-compete agreements that limit workers' ability to take a job with a competitor after leaving their employer.United StatesEmployment and HRGray Reed
ArticleKey Legal Issues To Consider Before And After Natural DisastersWhile legal considerations are often the last thing on the minds of project owners and contractors during an emergency, construction industry stakeholders...United StatesReal Estate and ConstructionGray Reed
ArticleAn Oil And Gas Receivership Ain't Over 'Til It's OverRemnant LLC v. Permico Royalties LLC, et al determined that a 90-year-old claim to ownership of a forfeited corporation was not valid.United StatesEnergy and Natural ResourcesGray Reed
ArticleIRS Announces Sweeping Changes To Form 3520 And 3520-A Penalty RulesTo combat late information return filings, the IRS has systemically assessed penalties for certain late-filed international information returns, including IRS Forms 3520, 3520-AUnited StatesTaxGray Reed
ArticleAs ERC Lawsuits Grow, IRS Touts Progress In Claims ProcessingThe employee retention credit (ERC) has been a thorn in the IRS' side for some time. Enacted during the COVID-19 pandemic, Congress originally designed the ERC...United StatesTaxGray Reed
ArticleUnderstanding IRS Private Letter Ruling 202504006: Crucial Takeaways For Tax PlanningThe Internal Revenue Service (IRS) recently issued Private Letter Ruling (PLR) 202504006, addressing several important estate and gift tax questions related to the division of a marital trust...United StatesTaxGray Reed