May 31, 2011 in Business, Legal Articles by jferris

Texas Construction and Drainage Dispute Requires Legal Guidance

Business owners generally expect their neighbors to think about the consequences of their actions before they act. Unfortunately, it appears the neighbors of an apartment complex in Galveston may not have done so.

The owner of Courtyard Apartments is dealing with major water drainage issues and damage since the Dickinson Independent School District (DISD) built the Sam Vitanza stadium and a parking lot next door. The apartment owner, Multi-Family Baker LLC, tried to resolve the problems with pooled water and poor drainage with the school district, its general contractor and architect with no success. They also tried to get DISD to correct damage the construction had allegedly done to its apartment trash area.

“Each [of the Defendants] knew that its failure to construct adequate drainage structures was causing storm water to drain to, and collect and back up in the Courtyard Apartments’ north parking lot,” Multi-Family Baker said.

DISD, Durotech GP LLC, Durotech Inc. and PBK Architects Inc. are now being sued in the 122nd Judicial District Court in Galveston County for not building drainage structures that would have allowed storm water to move northward from the Courtyard Apartments’ north parking area into drainage ditches to the east and west. Damage to the Courtyard Apartments parking areas and asphalt has occurred.

Texas Constitution Article 1, Section 17, “prohibits taking, damaging, destruction, or application of a person’s private property for public use without adequate compensation.” Multi-Family Baker alleges that DISD invaded its property, unreasonably interfered with its operation, and is in violation of the Texas Water Code. The Texas Water Code Section 11.086 states that, “no person may divert or impound the natural flow of surface waters in this state, or permit a diversion or impounding by him to continue, in a manner that damages the property of another by the overflow of the water diverted or impounded.” And, “a person whose property is injured by an overflow of water caused by an unlawful diversion or impounding has remedies at law and in equity and may recover damages occasioned by the overflow.”

Claims of negligence, interference, and trespassing occur in this case, and in many construction lawsuits. When working to resolve these types of claims it is usually advisable to hire an experienced construction attorney. An experienced construction litigation attorney should be able to cut through much of the extraneous material and work to determine the cause of construction-related problems whether they result from design errors or the disregarding of laws, permits, and building standards. This may involve the use of technical experts skilled in specific construction fields. It may also involve the use of economic experts to determine how the construction problems affected the value of the business in the short term, what damages were inflicted, and what funds will be needed to correct the problems.

Gregory D. Jordan is an Austin business attorney, Austin employment lawyer, and Austin business litigation lawyer. To learn more, visit Theaustintriallawyer.com.

May 15, 2011 in Business, Legal Articles by jferris

Protect Yourself and Your Brand by Trademarking Your Name

Why in the world would someone feel compelled to trademark his or her name? Individuals already have legal documents and identification showing the name their parents gave them at birth, so what’s the big deal about protecting a name?

For celebrities, business people, and other notable individuals, your name can be everything. Lady Gaga, Julian Assange and even Bristol Palin have trademarked their names. Trademarking your name will protect the commercial use of your name and subsequently prevent others from others using it in the sale of goods or services.

Moreover, trademarking your name will safeguard the name in particular categories, such as entertainment services, and further cover the conceivable uses of that name. For example, Lady Gaga might want to trademark in multiple categories to prevent a company from using the Lady Gaga name to sell clothing. Registration can cover different classes of use, including video, film, books, calendars, and posters, just to name a few. This in turn gives the individual legal protection and rights to go after counterfeiters and false endorsements.

“It’s not about restricting free speech,” said Mark Stephens, Julian Assange’s lawyer. “It’s not that he’s out there trying to make huge amounts of money. It’s about protecting himself from being associated with things he doesn’t know about or approve of.”

Typical trademark applications take many months for approval. In California, Los Angeles entertainment lawyers and Los Angeles trademark lawyers counsel on the many legal requirements, strict deadlines, and complex paperwork that goes into securing a trademark or service mark. An experienced attorney is also critical to assist with any legal questions that the U.S. Patent and Trademark Office might have.

Once a trademark registration is approved the individual can:
• prevent the import of infringing foreign goods through the U.S. Customs and Border Protection Service
• take legal action in the federal court system to protect their intellectual property rights
• use the U.S. trademark as a way to get registered in foreign countries

The registration lasts as long as post-registration documents are maintained and paid for at the five-to-six-year timeframe and again between the ninth and 10th year. From thereafter, the registration will need to be updated every 10 years.

Los Angeles entertainment attorney and Los Angeles trademark attorney Anthony Spotora counsels celebrities, musicians and bands and other notable persons and businesses on how trademarks can protect their identity, brand and financial livelihood. The Law Offices of Spotora & Associates, P.C., has decades of experience with the trademark process and litigating to fight for their client’s rights throughout California, the U.S., and abroad.

For more information:
www.spotoralaw.com
Law Offices of Spotora & Associates, P.C.
1801 Century Park East, 24th Floor
Los Angeles, California 90067-2302

P (310) 556.9641
F (310) 556.9642
Toll Free: (877) 4U-EZ-LEGAL

Anthony Spotora is a Los Angeles entertainment lawyer and Los Angeles business attorney. To learn more, visit Spotoralaw.com.

May 14, 2011 in Business, Legal Articles by jferris

Same Sex Cohabitation Agreements on the Rise in California and Nation

Gay and lesbian partners treat each other like family, even though California law still does not allow them to marry each other. California does permit domestic partnerships however and the American Academy of Matrimonial Lawyers has recently noted a rise in couples seeking cohabitation agreements by 39 percent.

These agreements are not only key to establishing the rights and responsibilities of each partner, but they additionally serve as a guide throughout the relationship. And, should things eventually turn toward a breakup, proper expectations for the division of property and assets are already laid out within them.

Domestic partnership attorneys can assist in making the cohabitation agreement a legal, binding document. It will designate property, assign assets as the couple sees fit, and establish roles for parenting and child custody should that be relevant. The agreement will also define how property and assets will be divided should a separation or death occur. Essentially, same sex couples are creating the equivalent of a premarital or prenuptial agreement with the cohabitation document, and many LGBT couples are wise to have this agreement in place before registering their domestic partnership with the state.

A cohabitation agreement is also a fantastic way to have an open conversation about finances. Some partners might bring certain debts or big assets to the relationship that need to be discussed. A frank conversation about how credit cards will be handled, how money should be set aside for savings, and whether to keep accounts separate or joined is relevant to have. Goal setting is appropriate too, so any future property purchases and business ventures should be discussed. Domestic couples will most likely want to update the cohabitation agreement should a big step like this occur to protect each other’s rights.

In tandem with the cohabitation agreement, it’s wise to create estate planning documents so a couple can actually transfer property and assets should death occur. A will, living trust and power of attorney can be easily created by the same attorney in California.

Without these key agreements and documents, your life’s work could wind up in court and your partner could have to engage in a courtroom battle to keep assets, oftentimes ending up in the middle of a family squabble too. Creditors could also come after the surviving spouse for debts.

Each partner is advised to hire a separate California domestic partnership lawyer to create, review and sign the cohabitation agreement. Los Angeles domestic partnership lawyer Anthony Spotora commonly counsels same-sex couples to create cohabitation agreements, estate plans, and qualified domestic relationship orders. The Law Offices of Spotora & Associates, P.C., is skilled in making sure the financial issues, tax concerns, and each partner’s rights are upheld. Their expertise will safeguard your wishes during the partnership and the livelihood of your estate and heirs.

For more information:
www.spotoralaw.com
Law Offices of Spotora & Associates, P.C.
1801 Century Park East, 24th Floor
Los Angeles, California 90067-2302

P (310) 556.9641
F (310) 556.9642
Toll Free: (877) 4U-EZ-LEGAL

Anthony Spotora is a Los Angeles entertainment lawyer and Los Angeles business attorney. To learn more, visit Spotoralaw.com.