Attorney Blog

Texas Oil Firm Heats Up Negotiations For Land Owners Fighting To Win The Best Mineral And Royalty Deal Possible

Wed, 22 Feb 2012 08:00:00 EST

The energy lawyers at The Voss Law Firm, P.C. have considerable experience in handling the various agreements and legal issues attendant to many different types of oil industry transactions, including the following:

Analysis, negotiation and documentation of transactions relating to the exploration, development and operation of oil and gas properties, including concession, drilling, development, production-sharing, joint-venture and operating agreements, as well as agreements for purchase, sale or exchange of crude oil, natural gas and petroleum products.
Negotiation and preparation of agreements relating to the development, construction and operation of pipelines, gas processing plants, refineries and petrochemical facilities.
Performance of due diligence, structuring, negotiation, review and preparation of agreements and other documents for the acquisition or disposition of oil and gas producing and exploratory properties, pipelines, gas processing plants, refineries, storage facilities, petrochemical facilities and oil and gas companies, whether accomplished through asset, stock or merger transactions.
Selection, structuring, negotiation, documentation, creation and administration of business entities for energy ventures, including joint ventures, partnerships, limited liability companies and other joint-ownership or joint-participation arrangements.
Structuring, negotiation and documentation of mortgage, production-payment and asset-based financing of to oil and gas reserves, refineries, petrochemical-related properties, pipelines, plants and other assets.
Structuring, negotiation, review and documentation of agreements and performance of due diligence for acquisition or disposition of production-sharing, concession, service and other agreements with foreign governments and foreign governmental entities for the exploration, development and operation of oil and gas properties, including the development, construction and operation of pipelines, petrochemical facilities and other energy-related projects.
Negotiation and documentation of sales, marketing, storage, processing and transportation agreements relating to oil and gas and processed or refined hydrocarbon products.
Negotiation and documentation of oil, gas and mineral leases and production sharing agreements for oil and gas companies, as well as landowners.
Structuring, negotiation and documentation of settlement agreements in energy-related disputes, including advice in fashioning commercial litigation and ADR strategy and in construing and analyzing complex energy transactions.

The Top 10 Mineral Lease Negotiation Mistakes

Wed, 22 Feb 2012 08:00:00 EST

Negotiating oil and gas leases requires knowledge, patience, and a balanced mindset.

Every day across America, mineral owners receive oil and gas lease proposals asking to lease their mineral interests. Negotiating the lease is a big responsibility. Unfortunately many mineral rights owners don’t do their homework and miss available upside during oil and gas lease negotiations. The Voss Law Firm, P.C. presents things not to do when negotiating oil and gas leases. Hopefully you won’t find your actions among these.

Don’t Jump at the Sight of an Oil and Gas Lease!

Don’t immediately pick up the phone to the leasing agent, gushing with emotion that you’ve received a gas lease in the mail. If there’s ever a signal that says you’re an early signer (and likely not getting the best terms), it’s that you just couldn’t wait to start talking. Properly negotiating gas leases takes time. Practice patience. Don’t Focus on Price Alone Lease bonus payment and royalty percentage are NOT the only two things that matter. Of course the economic implications are important, but these are far from the only important aspects of the oil and gas mineral lease negotiation. Everything is negotiable. In the case where you own surface rights along with mineral rights, the terms related to surface usage can be quite important, possibly more important than lease bonus and royalty percentage.

Don’t Immediately Sign Anything Just Yet

Most documents within an oil and gas lease proposal package are legally binding documents. Until the deal is thoroughly discussed, negotiated, and understood, there’s no need for you to sign anything. Proper oil, gas, and mineral lease negotiations should progress intently, yet within a patient framework. Once signed, an oil, gas and mineral lease is a binding document. Again, negotiating oil leases takes time.

Don’t Respond That You’re Not Interested

Even if you’re the rare person who couldn’t care less about the economic benefit, it’s in your best interest to learn about what is happening in the area. You may in fact ultimately get force pooled, which will result in certified mail and phone calls to deal with anyway.

Don’t Forget to Hire a Lawyer

While you want to get an attorney involved sooner during the process, there are many things you can do to benefit yourself in the beginning. Try to get all the relevant facts and documents together before visiting an experienced oil and gas lawyer. This will help the first meeting with the subject lawyer go much smoother. if he’s worth his salt, he should first ask you questions that you’ll need to provide answers.

Don’t Start Spending Money You Don’t Yet Have

This is called common sense. Until the check clears the bank, you haven’t made a dime. Furthermore, just because the drilling rig has shown up does not mean that a commercially viable well is around the corner. Maybe, but no guarantees. There are plenty of dry holes around.

Don’t Warrant the Mineral Title

The first draft of an oil and gas lease presented to you likely states that you warrant and defend the chain of title to your minerals. Simply stated, delete the warranty clause. Don’t warrant the mineral title.

Don’t Lease Multiple Non-contiguous Tracts on One Lease Form

Simply put, this minimizes the chance of problems down the road. Development of an oil or gas field is a dynamic process that unfolds over time – as in years. By matching one oil or gas lease, the issue of whether a tract is held by production from another tract is all but eliminated.

Don’t Spout Off During Negotiating

As in, don’t say things verbally that you’re not willing to stand on. Absolute statements like “I won’t take anything less than $5,000 per acre” are usually of little value, and in fact may hurt you. If ever you decide to back away from your statement, you’ve lost credibility, which will only minimize your negotiating power. Absolute statements in negotiating are typically made by rookies.

Watch for Unrestricted Use of Fresh Water

The first draft of almost all oil and gas leases allows for unrestricted use of fresh waterfor operations related to the drilling and completion of a well. This issue may or may not be applicable in your specific case, but it is certainly worth considering.

Texas Business Litigation Lawyer Discusses Trade Secrets

Fri, 10 Feb 2012 08:00:00 EST

Many different business disputes arise throughout the country every day. Some disputes are settled fairly quickly, and others take years to sort out in court. This is why it is important that anyone facing a business dispute talk with a skilled business attorney to find out their rights and protect themselves from accusations.

Recent Business Litigation Lawsuit Settled After Lengthy Battle
One such lengthy business dispute matter that has recently been resolved involved Motorola Solutions and Motorola Mobility claiming that Lemko, a Schaumburg technology company founded by former Motorola employees, conspired to steal trade secrets.

The business dispute accused Hanjuan Jin, a former Motorola software engineer, of working for Motorola and Lemko simultaneously. She was intercepted in 2007 at an airport with a one-way ticket to Beijing and allegedly carrying over 1,000 Motorola company documents. Motorola then filed a suit against Jin and Lemko, accusing them of conspiring to steal their trade secrets. As a result, those parties filed counterclaims against Motorola, and Lemko claimed that Motorola stopped their ability to get investors and conduct business. Lemko also filed a separate lawsuit against Motorola, claiming that the company stole their source code for its cellular networks and phones.

Although this lengthy battle started in 2007, it was just resolved this year, as both companies issued statements that “they have entered into an agreement to settle all pending litigation between them.”

Importance of Skilled Legal Counsel

When facing a business dispute, it is critical to have an experienced Texas business litigation lawyer on your side to make sure your interests are being protected. Call the Voss Law Firm at (866) 276-6179 for a free consultation today.

Stages of Business Litigation Lawsuits in Texas

Tue, 07 Feb 2012 08:00:00 EST

Just as friends, family members, married couples and other people in relationships have arguments from time to time, business partners in Texas also have disputes that arise over company matters, such as employment issues or the direction the company is headed. When these matters arise, they can seriously affect the production of business until the issue is resolved.

This is why commercial litigation in Texas is often necessary for business owners to reach a compromise. Sometimes the matter is not between business partners but an issue outside of the company with a vendor, ex employee or another company who stole the company’s trade secrets or clients.

When employees who have been trained by the company, have the client lists, know the company’s trade secrets and marketing tactics leave the company to work for a direct competitor, companies can file a business litigation lawsuit against that individual. Additionally, a company may even be able to bring a lawsuit against the other company who hired that employee just to get access to their confidential information.

When the opposing parties meet in court they should be aware of these business litigation lawsuit stages, including:

Filing a complaint – the complaint is the document that addresses what happened and accuses the other party of wrongdoing. The defendant will get a notice served to them stating that they are being sued.
Discovery phase – both parties will have to share with one another any documents they have against the other party so that each side can learn what the other has in the way of evidence.
Trial or settlement – both parties may want to settle outside of court or take the matter all the way to trial.

Because of the complexity of commercial litigation lawsuits, businesses need to consult with an experienced Texas business litigation lawyerfor help. If you would like to discuss your case in a free consultation, call the Voss Law Firm at (866) 276-6179 today.

Pursuing a Business Litigation Lawsuit is NOT for Everyone

Fri, 20 Jan 2012 08:00:00 EST

You are probably wondering why a Texas business attorney is writing about the fact that business litigation lawsuits aren’t for everyone. The truth of the matter is that they aren’t for the faint-hearted.
If you are someone who is anxious or fearful about going to court, pursuing a legal case of this nature may cause you too much stress and turmoil. This is why you need a skilled Texas business litigation lawyer on your side to analyze your case and give you candid advice. It may be in your best interest to pursue business litigation, but there may be other alternatives, such as mediation and arbitration that could benefit your specific situation.
There is no one answer for everyone, which is why you should have a business attorney assess your case to determine if you should go down this route or not. When you meet with the attorney, be prepared to ask certain questions about your specific situation.
The following five questions are examples of questions you may want to ask your attorney:

A former employee started a business that is directly competing with mine. Can I sue over trade secrets?
Will the cost of business litigation exceed the projected benefits?
What is your strategy and how do you handle cases of this nature?
How long do you expect this case to take, or what is an average time frame to keep in mind?
Are there any disadvantages of pursuing business litigation?

In order to find out if business litigation is for you and your business, call the Voss Law Firm and speak with an experienced Texas business litigation lawyer at (866) 276-6179 and receive a free legal consultation today.
Also, request a FREE copy of attorney Bill Voss’s book: Business Disputes – Critical Information for All Business Owners.

What Are Some Advantages and Disadvantages of Business Litigation?

Mon, 16 Jan 2012 08:00:00 EST

As with almost anything in this world, business litigation in Texas has advantages and disadvantages that you should be aware of before pursuing a case.
Advantages of Business Litigation

Financial Benefit – if your case is about a monetary dispute, there is a good chance that you may be able to recover financially, including the possibility of compensatory and punitive damages.
Strength – if you are in a position of strength, it may make sense to bring the lawsuit against the other party. If you are victorious, it will strengthen your business further.
Restraining Order – you may benefit from business litigation by getting injunctive relief. If someone is harassing you and your business, you may benefit by getting a restraining order against that person.

Disadvantages of Business Litigation

Fees – business litigation can be costly to pursue.
Time – business litigation can take up a large amount of your time that may disrupt your life and take you away from time that you spend at your company, which could affect productivity.
Mental Distress – if you pursue a lawsuit, it is common to become anxious over the many details of the case, which could adversely affect your personal life and business.
Privacy Loss – when you file a lawsuit, you may expose your business records and other proprietary information that you may have not wanted anyone else to see.
Countersuit – if you decide to pursue a case, be prepared for a countersuit. The other side may choose to file a claim against you and your business.

Find out if pursuing a business litigation lawsuit is for you by calling a knowledgeable Texas business litigation lawyer at (866) 276-6179, and get your questions answered in a free legal consultation today.
Also, request a FREE copy of attorney Bill Voss’s book: Business Disputes – Critical Information for All Business Owners.

Fort Hood Soldiers Class Action | Fort Hood National Bank | Excessive Overdraft Fees | The Voss Law Firm

Thu, 12 Jan 2012 08:00:00 EST

The Defendants in this case are comprised of banking institutions that make daily, monthly and yearly profits into the billions of dollars, based in large part upon complete and blatant misrepresentations made consciously and systematically to its customer base, which includes both new and veteran members of our United States Armed Forces. Indeed, while the Plaintiffs in this case include our American soldiers, it is all the more shocking and sickening that the financial institutions, which include the FNB Defendants, purposely take advantage of the individuals that sacrifice their lives so that the American public can eat, sleep, work and otherwise exist beneath the blanket of freedom that these troops provide. Moreover, it is horribly ironic that our American way of life, which clearly includes capitalism and the ability to seek profit through doing business with the consumer public, is being taken advantage of by the FNB Defendants, who have devised systematic schemes to defraud and deprive our soldiers, as well as the remaining Plaintiffs and purported Class members, of their hard earned wages and salaries in order to unduly profit from deceit and duplicity.

As this Honorable Court will see, as the parties well know, and as our American public will quickly learn, the above described actions of FNB are replete with fraud, misrepresentation, conversion, and innumerable deceptive acts all operating in concert to achieve a single purpose: depriving the members of our Armed Forces, and of our working public, of their hard earned pay. Also undisputed is that the FNB Defendants carry out such acts with full knowledge that our soldiers and citizens have placed their trust and (in many instances) their entire family’s income into the hands of the FNB Defendants, who have calculated, re-calculated and mastered exactly how to thieve as much money as possible from these individuals. Until the American public is aware of these actions, and until our American jury system renders its verdict regarding the consequences that the FNB Defendants must reap, such unscrupulous methodologies will prevail, taking full advantage of, and completely abusing, the very freedoms that our United States troops sacrifice their lives to secure and defend.

READ THE CLASS ACTION PETITION HERE.

Planning Ahead Can Make Shareholder Disputes Easier

Thu, 01 Dec 2011 08:00:00 EST

When people start a business, a great amount of time and detailed work are given to developing a business plan and growing the business with marketing efforts. However, the same amount of attention to detail should also go into understanding shareholder issues.

Disputes with shareholders can often be caused by employment issues and ownership matters. Sometimes shareholders need to part ways and sort out each party’s rights and obligations, which can lead to expensive disputes between shareholders and corporations. When these decisions are planned out ahead of time, it can save all parties time and money.

Sometimes the controlling party needs to exclude the minority shareholder from the business, and parting ways with a shareholder has a tendency to devolve into a lengthy dispute and legal battle. When all options are discussed and written in contracts prior to the decision, certain risks can be avoided.

The majority shareholder has a duty to deal fairly and honestly with the corporation and fellow shareholders. When minority shareholders do not feel like they are being treated fairly while being removed from the company, they may bring a freeze-out or squeeze-out claim against the company. This is basically stating that the minority shareholder believes that company is breaching their fiduciary duty.

If your company is at one end of a legal battle because a minority shareholder feels like the bylaws were violated and that their rights were oppressed, you should talk with a skilled business litigation attorney to find out how to protect your business from an expensive legal battle.

Please contact the Voss Law Firm and speak with a knowledgeable Texas business litigation lawyer in a free, no-obligation legal consultation to find out more about your rights at (866) 276-6179. You can also request a complimentary copy of attorney Bill Voss’s book, Business Disputes – Critical Information for All Business Owners. Download this book for free today.

How Can a Class Action Suit Help Your Business Litigation Matter?

Thu, 03 Nov 2011 08:00:00 EST

Sometimes there are business litigation issues that involve a number of people or many businesses. Because handling an individual lawsuit for similar causes of action would be expensive and time consuming, a class action suit could help save on litigation costs for all the named plaintiffs.

For example, if many companies or individuals suffered from product defects or violations of federal regulations, they can combine their similar claims into one class action, which would save them legal fees and time needed to prepare for court.

Additionally, there are many businesses and investors who have been named as plaintiffs, as well as defendants, in securities class action cases. This is when an investor or many investors have lost money from the devaluation of a security or stock. Typically this occurs when people purchase stock that was fraudulently inflated.

If your company is facing a legal issue like this one or another business litigation matter, a class action suit may be advisable and a more economical and efficient route than pursuing individual litigation.

For more information on your business litigation matter, talk with a skilled Texas business litigation lawyer to find out if it is wise to pursue the matter individually or through a class action suit. You can reach the Voss Law Firm at (866) 276-6179 to speak with an experienced business attorney in a free, no-obligation discussion of your case.

You can also request a complimentary copy of attorney Bill Voss's book: Business Disputes - Critical Information for All Business Owners. Download this book for free today.

What Does Your Business Contract Say? Protect Your Company from Business Disputes

Tue, 01 Nov 2011 08:00:00 EST

Anything from an employee termination to discrimination matters, leasing issues, contract matters, or enforcing rights of owners in directing the way of the business, can be considered a business dispute that can turn into litigation. Not every situation develops into a heated argument, but when it does, businesses need to know how to handle these types of disputes.

This is why it is important to already have a contract in place that determines how a business dispute gets resolved. If your company does not have a dispute contract in place, you may want to talk with a business litigation lawyer who is skilled in developing contracts to protect your company when faced with a myriad of disputes.

If your business already has a contract in place, review it again before you need it, as you may need to revise it. Look at the boilerplate or fine print in the contract to confirm how a dispute should be resolved.
Don't wait until it is too late and you are faced with a business dispute. Be proactive and review the language used in the following areas of the contract:

Mediation prior to litigation - mediation should occur before any side may file a lawsuit.
Reimbursement of attorney's fees - the contract should discourage people from suing your company, so the language should make the loser obligated to pay for the winner's attorney fees.
Litigation, not arbitration - the arbitration process does not allow for a jury trial or an appeal. Avoid arbitration and opt for litigation if mediation doesn't resolve the dispute.

If your contract does not include this type of language, it is important to have your contract revised to best protect your company. Please call the Voss Law Firm to speak with our skilled Texas business litigation lawyers in a free discussion of your case. We will review your contract and advise you of the best strategy. Call (866) 276-6179 to schedule your appointment today.

You can also request a complimentary copy of attorney Bill Voss's book: Business Disputes - Critical Information for All Business Owners. Download this book for free today.

Avoid Potential Business Disputes With a Buyout Agreement

Fri, 07 Oct 2011 08:00:00 EST

For those of you who operate a company with business partners, or even your own spouse, you may already know that business disputes will happen. This is why setting up a buyout agreement or buy-sell provisions is critical when setting up an LLC.

When one owner wants outs, wants to get a new job, or wants to bring in another new owner, it is best if these terms are arranged ahead of time in a buyout or buy-sell agreement. These agreements are not necessarily about buying and selling your company. Rather, this type of business contract will help the company when one member dies, gets divorced, goes bankrupt, retires or wants to leave the company.

An attorney can help you and your co-owners set up a proper contract to guide you away from any legal complications in the first place. The agreement will spell out what happens when you want to make changes to your business, who can buy in, and for what price.

Too often businesses are forced to close or dissolve when one member wants to leave the company because there is no buyout agreement in place for the LLC. This may force you into a business dispute with the other members of the LLC.

With a proper buyout agreement, you may be able to avoid potential business problems with the other members of your company. To create a buyout agreement in Texas, or for help with a business dispute, talk with an experienced Texas business dispute attorney today.

The Voss Law Firm offers a free, no-obligation consultation at (866) 276-6179. You can also request a FREE copy of our book Business Disputes - Critical Information for All Business Owners, written by Houston, Texas business litigation attorney Bill Voss.

Why is a Company's Trademark so Valuable?

Sat, 01 Oct 2011 08:00:00 EST

A company's trademark identifies a business, separates it from its competition, distinguishes its goods or services, and causes customers to recognize and return to the company for repeat sales. A trademark is a valuable company asset that businesses spend much time and money creating in order to achieve brand name recognition.

When a company is successful at doing this, the last thing they want is for another company to take their trademark or a similar one. When this happens, it can create confusion in the marketplace and cost the senior company sales.

Trademark infringement occurs when a newcomer company uses a symbol similar to that of a reputable company, in hopes of trying to make money off of consumers mistakenly purchasing their product. When trademark infringement occurs, the senior company has a right to hold the new company accountable for unfair competition.

Because a business's trademark is a symbol of the company, it is important that businesses protect their assets. Victims of trademark infringement need to protect their trademark rights and talk with an experienced business litigation lawyer to find out more about their rights and what steps to take.

The Voss Law Firm offers a free legal consultation, as well as a complimentary copy of Business Disputes - Critical Information for All Business Owners, a book written by Houston, Texas business litigation attorney Bill Voss.

Simply call one of our skilled business litigation lawyers at the Voss Law Firm at (866) 276-6179 to schedule your consultation appointment today.

Injured Seamen Are Allowed to Seek Punitive Damages Under Maritime Law

Tue, 06 Sep 2011 08:00:00 EST

Seamen have jobs that require hard labor and intense physical work. When they get injured on the job, they need to know that they have rights and they will be covered financially while they heal from their injuries.

When a seaman is injured during the course of his job, he is entitled to receive maintenance and cure from his maritime employer. However, what if that employer did not interpret the General Maritime Law in the same way that the employee did?

Injured seamen may wish to also seek punitive damages for their economic and environmental losses, in addition to maintenance and cure. But, can they?

Because of specific federal statutes that prohibited an award of punitive damages in the past, many companies believed that the Oil Pollution Act, the Jones Act and the Death on the High Seas Act barred claimants from seeking punitive damages. Although this was the interpretation many had, under General Maritime Law, punitive damages are in fact available.

According to a new ruling by a U.S. District Court Judge in New Orleans, the Supreme Court ruled that there are no restrictions for injured seamen to recover punitive damages with regards to maintenance and cure actions. He also ruled that the U.S. Oil Pollution Act did not have any effect on claims under the General Maritime Law for punitive damages.

This means that offshore workers can seek punitive damages under the General Maritime Law for economic environmental losses.

If you have been denied maintenance and cure and are thinking about pursuing punitive damages, please call the Voss Law Firm and have an experienced Texas Jones Act attorney sort through your case to determine your rights. We will provide you with a free legal consultation at 866-276-6179 today.

Fatigue Increases Human Error Leading to Maritime Accidents

Fri, 02 Sep 2011 08:00:00 EST

Is the shipping and maritime industry behind others in tackling the problem of fatigue on the job? Cardiff University Centre for Occupational and Health Psychology has released a report about fatigue endangering vessels, crews and the maritime industry.

The report finds that there is tremendous evidence showing that maritime fatigue is a real problem and a threat to the safety of seamen. The study also showed that the industry is hesitant to invest money and other resources to prevent fatigue from occurring at sea.

The maritime lags behind other industries when it comes to regulating hours of work and rest. For instance, in civil aviation, flight time is regulated to 70 to 100 hours of flight time a month, whereas the maritime industry permits 98 hours a week. Working too many hours can cause a crewmember, seafarer, fisherman, offshore worker, or others to endanger themselves, others around them and their environment, leading to maritime accidents.

There are even studies that compare fatigue to alcohol and the affect it has on a person's ability to function. Fatigue at sea increases human error, impairs performance, decreases alertness, and is a leading factor in many maritime accidents.

The maritime industry needs to look at adopting practices that are already in place in other industries to prevent fatigue-related accidents. For tips for reducing fatigue in the maritime industry, please read our article Fighting Fatigue in the Maritime Industry.

If you have been injured at sea in a maritime accident that was caused by your fatigue or a co-worker's fatigue, you may have rights under the Jones Act. For more information, please call the Voss Law Firm to speak with an experienced Texas Jones Act attorney in a free legal consultation at 866-276-6179 today.

One Important Decision May Impact Your Maritime Case

Wed, 10 Aug 2011 08:00:00 EST

If you have been injured while working as a seaman, you may have many questions after your injury, such as, "Do I need an offshore attorney?" Not every situation will require the help of an attorney, but if you need medical treatment after your maritime accident or cannot return to work, even temporarily, you need to make sure that you are getting the most compensation possible for your injuries.

The decisions you make immediately following your offshore injury can impact your future recovery. This is why many injured workers in this profession do seek legal advice from a skilled maritime lawyer after a maritime injury.

This one decision can mean everything to your maritime case and potential recovery.

It is extremely critical that if you chose to hire an attorney to represent your interests that you make sure the lawyer focuses on offshore injuries and maritime law. This is a special niche of the law, and an attorney who is not familiar with the Jones Act will not be able to get you as much compensation in your case.

Even if you are not sure if you want to hire an attorney, please go talk with one. Although you may want to believe your employer and trust that they have your best interests in mind, sometimes they do not tell you everything. This is why it is important to talk with a skilled offshore injury lawyer immediately following your maritime accident.

At the Voss Law Firm, we provide you with a free legal consultation, so you have nothing to lose and everything to learn and gain from the meeting. Call our skilled Texas offshore injury lawyers today at 866-276-6179 to schedule your appointment today.

Why Isn't Your Maritime Employer Upfront About the Jones Act?

Mon, 01 Aug 2011 08:00:00 EST

After an offshore worker is injured at sea, a maritime employer may not be forthcoming about workers' benefits under the Jones Act. Oftentimes, injured seamen are led to believe one thing or are not shown a copy of their rights. They may assume that their employer has their best interests in mind or will tell them the truth, but sometimes maritime employers are more concerned about their bottom line. This may cause an employer not to tell an oilrig worker, crewmember, or other maritime worker the truth about their rights under the Jones Act.

Why Maritime Employers Don't Want Injured Seamen to Know Their Full Rights

A maritime employer may be afraid to reveal an injured seaman's right to him for fear that he will take advantage of his benefits. They don't want workers to inflate their injuries just so they can collect benefits while taking time off of work.

Maritime employers are also afraid they will lose money by explaining the Jones Act to their employees. Because injured seamen have a right to pursue a lawsuit and have a right to a jury trial, maritime employers do not want to let their workers know this information because they do not want to spend the time or money on a court case.

Things You Can Do About It

When your employer is not being upfront about their legal obligations to you, you need to turn to someone you can trust. Check with a trusted Jones Act attorney for more information, and do not believe your employer's word as 100 percent accurate. If you have been injured at sea, you may have rights to compensation - more than your employer is letting on.

Also, if you are a family member of a seaman that died on the job, you should not believe or trust your loved one's employer. As a family member, you have a right to bring a wrongful death claim against the employer that was responsible for your loved one's death.

For more information about wrongful death claims or Jones Act benefits, Call the Voss Law Firm and speak with an experienced Texas offshore injury lawyer at 866-276-6179 in a free legal consultation.

Search and Rescue Operations Continue After Vessel Collision Off Mississippi Gulf Coast

Wed, 06 Jul 2011 08:00:00 EST

The United States Coast Guard has established a 25-square mile safety zone in the Gulfport Ship Channel in support of the agency’s ongoing search and rescue operations after a vessel collision during the early evening hours of May 18.

According to Coast Guard and media reports, the 660-foot dry container ship Eunus London and the 163-foot fishing vessel Sandy Point collided Wednesday night approximately 10 miles offshore from Gulfport, Mississippi, between Cat Island and Ship Island. The F/V Sandy Point, a operated by Omega Protein, Inc., sank in 25 feet of water with 16 persons on board. Thirteen of the fishing vessel’s crew were rescued, some with minor injuries; at last report three people remain missing. A pilot boat was able to recover 11 of the F/V Sandy Point‘s crew for transfer to the F/V Frosty Morn, while two others are reported to have been picked up by the crew of the Eurus London.

The Mississippi Department of Marine Resources indicates that the rescued crew members were taken to the Gulfport Coast Guard station for interviews about events leading to the accident. They later were returned to the Omega Protein plant in the Gulfport region.

The Coast Guard is still in full search and rescue mode. As always, the preservation of human life is our first priority.

– Capt. Donald J. Rose, commanding officer for Coast Guard Sector Mobile, Ala.

At least one media report indicates that the Liberian-flagged Eurus London, which was carrying bananas for Chiquita, “rammed” the F/V Sandy Point. The true circumstances of the collision necessarily remain subject to formal investigation.* After the accident the Eurus London was towed to the West Pier in Gulfport Harbor, its hull marred with scrape marks that presumably resulted from the overnight collision.

As of Thursday morning, Coast Guard Capt. Donald J. Rose reported that the Coast Guard remained in full search and rescue mode. The agency is the lead entity for purposes of rescue efforts, with the assistance of Mississippi Department of Marine Resources and state law enforcement personnel.

A multi-agency dive team was expected to dive to at the site of the accident on Thursday afternoon.
There was speculation whether the three missing crew members of the F/V Sandy Point might be aboard the vessel, perhaps with access to an air pocket inside the hull.

Omega Protein, based in Houston, Texas, issued a press release acknowledging the loss of the F/V Sandy Point. “We are assisting the U.S. Coast Guard and the Mississippi Department of Marine Resources in the search for our remaining crew members,” said Joe von Rosenberg, Omega Protein’s Chairman and Chief Executive Officer. “Our main concern at this time is for our missing 3 crew members and their families.”

The F/V Sandy Point was based out of Omega Protein’s Moss Point facility and reportedly fished for pogey.
The Coast Guard’s ongoing response effort has included surveillance aircraft and rescue helicopters, and a variety of surface vessels, including cutters, utility boats, and shallow water craft.

Mistakes to Avoid After a Texas Maritime Injury

Wed, 06 Jul 2011 08:00:00 EST

When people sustain injuries, it is common for adrenaline and nerves to interfere with making the smartest and best decisions. Since the maritime industry is known to be a dangerous business, workers in this industry need to know what to do and how to avoid costly mistakes after an offshore injury occurs.
This is why it is important to review this information prior to sustaining any injuries in a maritime accident.

Maritime accidents are bound to happen, and when they do it is how you handle it that will make or break your Jones Act case.

DO:

Seek medical care right away after your offshore injury.
Report the accident immediately to your company. However, only provide a brief description for the company accident report.
Call an experienced Jones Act attorney as soon as possible after your offshore accident so you do not do something that could hurt your case.

DO NOT:

Do NOT wait to report your accident.
Do NOT believe your employer when they say you have to see the company doctor. You are entitled to see a doctor of your choice.
Do NOT give the insurance company or your maritime employer a recorded statement prior to speaking with an attorney.
Do NOT sign any paperwork before having an attorney review it.
Do NOT hire just any attorney - make sure he is an experienced maritime accident attorney.

We understand that maritime injury cases can be confusing and complex ,since there are many rules surrounding offshore injuries and the Jones Act. You need to have someone on your side making sure that you do not hurt your case and you get the compensation you deserve.

Call an experienced Texas offshore injury attorney today at the Voss Law Firm and receive a free legal consultation at 866-276-6179.

Crewmembers May Be Compensated After Offshore Injuries Even When Their Employers Were Not at Fault

Mon, 04 Jul 2011 08:00:00 EST

If you are a cruise ship crewmember injured while working aboard a vessel, you most likely will qualify for benefits under the Jones Act for your maritime injuries. In fact, crewmembers of commercial fishing boats and other vessels typically have rights to compensation under the Jones Act as well.

If you were injured due to negligence of the ship owner or due to the obligations of your job, then your employer should have a duty to pay you sick wages and maintenance and cure payments. Even if you suffered a heart attack while aboard the vessel, and it was no fault of your employer's, you can still be eligible for compensation under the Jones Act.

The owner of the cruise ship or the marine employer must pay maintenance and cure to the injured crewmember following the offshore injury. If your employer is failing to compensate you properly, you need to call an experienced offshore injury lawyer to protect your rights.

If the cruise line was negligent and you feel like they caused your offshore injury, then they may be liable for additional compensation. Cruise lines have a duty to ensure that their vessels are kept up and are protected. If you can prove the cruise ship was negligent and contributed to your injuries or other crewmembers' injuries, then you may have an additional personal injury claim that an offshore attorney can advise you of.

Maritime accident cases are complex, and you need to speak with a skilled Jones Act attorney to make sure you are compensated fully for everything that you deserve.

Call the Voss Law Firm and speak with one of our knowledgeable Texas offshore injury attorneys today in a free legal consultation at 866-276-6179.

Maritime Accidents May Lead to Serious Head Injuries

Fri, 10 Jun 2011 08:00:00 EST

Commercial fishermen who work aboard fishing boats, as well as other offshore workers who work on tugboats or other types of ships and vessels, are often in danger from their surroundings. There are many crew members handling equipment and participating in unsafe practices. When the negligence of other crewmembers or defective equipment leads to your maritime accident, serious injuries, such as head and brain injuries, may occur.

Many head injuries can be life altering, as the consequences of the injury can be influenced by getting prompt and thorough medical treatment. When offshore workers are injured out at sea and experience swelling from a head injury, they will most likely need to be airlifted to a hospital for medical treatment.
The amount of time the injured worker goes without getting proper medical care and the type of brain or head injury he suffered can make all the difference in the seriousness of the injury.

Suffering a head injury in a maritime accident may result in many of the following problems:

Seizures
Memory problems
Serious headaches and double vision
Loss of hearing, smell and taste
Balance problems
Dizziness
Cognitive problems (difficulty speaking, thinking and reasoning)
Personality changes
Loss of certain functions

If you are a tugboat worker, seaman, or fisherman who has suffered a concussion, skull fracture, brain injury or serious head injury at sea, you may be able to recover damages for your maritime accident. A skilled offshore injury lawyer will be able to explain your rights and help you seek damages.

Since a serious maritime head injury can ultimately take away your ability to work again and earn a living as you once did, you need to make sure that you are taken care of. This is why it is important to put your case into the hands of a skilled Texas offshore injury attorney at the Voss Law Firm. Call us today to schedule a free legal consultation at 866-276-6179.

What Causes Oilrig Accidents to Occur Offshore?

Mon, 06 Jun 2011 08:00:00 EST

When an offshore accident occurs involving an oilrig worker, serious injuries or death may result. Although oilrig workers are used to performing the same type of work, they work in extremely dangerous conditions which can lead to oilrig accidents and injuries.

What are some of the causes that lead to oilrig accidents and injuries?

Dangerous sea and weather conditions: when treacherous weather conditions suddenly surface, rig workers are susceptible to oilrig accidents and injuries that are outside of their control.
Malfunctioning or defective equipment: when equipment used on the job malfunctions or is defective, oilrig workers are left defenseless and exposed to danger.
Long shifts: sometimes shifts can be up to 12 hours and can leave a rig worker physically and mentally exhausted and prone to make mistakes that can lead to oilrig accidents and injuries.
Stress of the job: there is a lot going on among oilrig workers performing their job duties that can cause confusion and stress, which could put them at risk for accidents.
Insufficient training: workers may not be given sufficient instructions for the job they are doing, or lack the necessary training to get the job done safely.

Oilrig workers face extreme dangers every day due to the physical demands of their job, the dangers associated with the heavy equipment they use, little sleep, and the unpredictable weather and sea conditions they are forced to deal with. Many of these reasons have been related to deaths and injuries of rig workers in the Gulf.

If you have suffered an injury on an oilrig, or if your loved one died as a result of an oilrig accident, please call the Voss Law Firm to find out more about your rights to recovery. The experienced Texas offshore injury attorneys at the Voss Law Firm will provide you with a free legal consultation at your convenience. Call 866-276-6179 to schedule your appointment today.

7 Hazards of Maritime Work Can Lead to Offshore Back Injuries

Tue, 10 May 2011 08:00:00 EST

Back injuries that occur at sea can put a maritime worker out of work for weeks, months or even years, depending on the severity of the injury. Boats, barges, ships and oil rigs can all be a dangerous place to work, since there are a variety of hazards in these environments.

Different ways offshore back injuries occur on vessels include:

Slip and fall accidents aboard slippery decks
Falls on wet stairs aboard a boat
Falls from height
Lifting and moving heavy equipment
Overextending
Tasks that involve repetitive, specific movements
Exhaustive manual labor

You will need to speak with an offshore injury attorney as soon as possible to find out if you can receive maintenance and cure for your offshore back injury. You may be entitled to medical care and room and board, which will pay for your medical expenses, pain and suffering, lost wages, and more.

If you qualify under the Jones Act, you may be entitled to compensation regardless of who was at fault for your injury including: yourself, another crew member, your employer, the ship owner, or an unseaworthy vessel.

If your employer is withholding or denying your maintenance and cure benefits, please call the Voss Law Firm to speak with a skilled offshore injury attorney for a free legal consultation at 866-276-6179. We represent injured maritime workers in the Port of Houston, Houston Ship Channel, Galveston Bay, Gulf Coast, as well as the Atlantic and Pacific Ocean.

Doctors Shorted in Letter-of-Protection Cases – Voss Law Firm to the Rescue

Thu, 05 May 2011 08:00:00 EST

Many times, when someone is injured in a Texas car accident or other personal injury case, that victim (the plaintiff) brings a lawsuit against the negligent party and their insurance company. These lawsuits take time, but the victim's injuries need immediate attention, and many victims do not have the medical insurance to cover their costs.

As such, the victim hires an attorney to represent his interests, and a lawyer may make a deal with a doctor or clinic to provide medical services to the victim without payment upfront. These agreements are made between the health-care provider and plaintiff's lawyer with a "letter-of-protection."

This contract indicates that the plaintiff's lawyer will pay the medical invoices to the doctor or medical facility from the settlement, once the lawsuit is resolved.

What happens when these medical invoices aren't paid? Unfortunately, these doctors could be out the money for services they already rendered.

In Texas, there have been many doctors, clinics, and medical facilities that have not received payment for medical invoices and are now turning the tables on lawyers for non-payment of services.

Texas litigation lawyer Bill Voss has represented over 50 doctors in the past four years in these types of matters. Although it is not enjoyable to bring a lawsuit against another lawyer, sometimes it is necessary. When a lawyer fails to honor the letter-of-protection, doctors and medical facilities still deserve their payment for services they previously performed.

Most of the time plaintiff's lawyers that are in breach of contract will want to handle these matters outside of the courtroom. However, if lawyers don't respond to settlement requests, sometimes a lawsuit is filed to take these letter-of-protection matters to trial, before a judge and jury.

Attorney Bill Voss, of the Voss Law Firm, has been successful in helping doctors and medical facilities sue plaintiff's lawyers for breach-of-contract for failing to honor their letter of protection. Now the Voss Law Firm receives calls from doctors - not just in the Houston area - throughout the state of Texas and even around the country.

If your medical clinic has been shorted money due to non-payment of services from plaintiff's lawyers, please contact the Voss Law Firm for a free legal consultation at 866-276-6179.

Has a Maritime Accident Left You With Medical Bills? Find Out About Maintenance and Cure Coverage

Wed, 06 Apr 2011 08:00:00 EST

Not only have you experienced a maritime accident in Texas that may have left you with an injury such as hypothermia, broken bones, or brain injury, but now your medical bills are piling up, too, and you need some relief. Medical bills can add up quickly. If you are out of work due to your injury, how are you going to pay for the medical care that you need?

While your insurance may take care of some of these costs, some procedures and tests may not be covered by your medical insurance provider. However, if you are considered a seaman under the Jones Act, there are federal laws that will provide for maintenance and cure expenses to be covered by your employer.

If you are entitled to maintenance and cure, but your employer has denied you these benefits, you may be able to recover damages against your employer. Texas and Gulf Coast maritime workers and seamen who are injured on the job need to know that there are specific rules to follow in order to obtain this compensation.

If you have been denied maintenance and cure compensation or if you would like to get your medical expenses covered by your employer, you should talk to a knowledgeable Texas maritime law firm.
Experienced offshore injury attorneys like Bill Voss can give you legal advice and establish if you have been wrongfully denied maintenance and cure payments.

To determine if you are entitled to compensation, call the Voss Law Firm for a free legal consultation at 866-276-6179. We represent injured maritime workers in the Houston Ship Channel, Galveston Bay, Port of Houston, and Gulf Coast, as well as the Atlantic and Pacific Ocean.

Options for Resolving Partnership Disputes

Thu, 03 Mar 2011 08:00:00 EST

When you were starting your own business, you probably never thought that you would be involved in a partnership dispute with one of your business partners; however, partners do disagree about the direction the business is going, different roles, management, employees, compensation, financial issues and more. Whether you are in an LLC or an S-corporation, you may be faced with dissolving a partnership at some time during the life of the business.

The majority of employers in this nation are small business owners, and millions entered into business partnerships when they started their companies. Partnership disputes occur when one partner has a different vision for the company, just wants out, or when the company dissolves. When any of these situations occur, disputes can be awkward, messy, and downright ugly. You need to protect your rights by finding out what options you have for resolving partnership disputes.

What are Some Resolution Options for Partnership Disputes?

Arbitration - when a neutral person or persons help determine the outcome of the case, outside the court. Both parties have to agree to participate in arbitration, but one partner may not be satisfied with the compromise and may turn to litigation.
Mediation - when a third party (neutral mediator) works with both parties to reach a settlement of their dispute. Parties are actively participating in negotiating the settlement.
Litigation - when the judicial system is used to resolve business and partnership disputes using an approved set of procedures.

At the Voss Law Firm, we resolve partnership disputes and other business disputes through arbitration, mediation, and litigation. Our experienced business litigation attorneys will assess your case and provide you with your legal options. Not every case will need litigation; however, if your case needs to go to trial, we are prepared to take it to trial and even appeal.

Most people assume that litigation is the most costly approach, but the attorneys at the Voss Law Firm take most of their business litigation cases on a contingency basis. This means that you pay nothing unless your case is won and then the law firm collects a portion of your recovery. Call us today and speak with a knowledgeable Texas business litigation lawyer at 866-276-6179.

If you are facing a partnership dispute, you need to order your complimentary copy of attorney Bill Voss's book Business Disputes - Critical Information for All Business Owners. Order your FREE copy today.

Know Your Legal Rights Under the Uniform Commercial Code Regarding Commercial Sales Disputes

Wed, 02 Mar 2011 08:00:00 EST

Businesses participate in commercial sales every day of the year through the sale of goods. Some of these transactions are entered into without a contract with the other party and often require the assistance of legal counsel if a dispute arises. Even when business contracts are used, there may still be disputes that require litigation. If you have a dispute with another party for their lack of performance with the terms of the contract, you may have options available to you to pursue.

An experienced Texas business litigation lawyer can speak with you regarding the terms and specifications of the contract and explain your legal options under the Uniform Commercial Code (UCC).

What is UCC?

The Uniform Commercial Code was put in place to advance commerce by providing rules for buying and selling goods and other commercial transactions, and is divided into several articles that govern business transactions. Article 2 of the UCC governs aspects of the sale of goods including disputes about the quality of goods and whether goods meet contract requirements.

Litigation in a UCC dispute may involve the other party, creditors or debtors and may be very costly and time consuming. You will want an experienced lawyer on your side who knows how to pursue these legal matters under the code and who will be able to hold other parties accountable for their actions.

If you need help with your business and commercial legal matters, or if your business is involved in disputes arising under the UCC, please call the Voss Law Firm. We work with individuals, corporations, partnerships, and small and large companies regarding commercial and business transactions and contract disputes.

A skilled business and commercial litigation attorney can help you recover losses you may have suffered due to a dispute regarding the sale of goods. Call attorney Bill Voss to learn more about your rights under the UCC at (866) 276-6179 today.

Feel free to download commercial litigation attorney Bill Voss's book Business Disputes - Critical Information for All Business Owners as a complimentary gift to you.

Tortious Interference in Texas Business Relationships

Wed, 16 Feb 2011 08:00:00 EST

Competition is fair in business; however, some people take competition too far and have been known to damage another's business with their unethical tactics and greed. These interfering parties and/or companies that cross the line are intentionally affecting a competitor's business and are in the wrong.

Have you been a victim of intentional interference with contractual or other business relations? This is also known as tortious interference and it can take on two forms.

Tortious interference of contract is when a person intentionally and wrongfully disrupts a formal contract between two parties and causes one party to breach the contract.
Tortious interference of business is when a third party uses false claims against a business in order to drive business away from them or to cause another party to not enter into a business relationship with them.

When one party intentionally damages or prevents another party from their obligations to fulfill a contract as promised, they have helped that party to breach a contract. If someone intentionally damaged your contractual or other business relationship, you may have a legal case against him or her.

Proving a Tortious Interference Claims

If you can prove that you are a victim of tortious interference, you may be entitled to compensation for economic losses, mental anguish, lost profits and possibly punitive damages. In order for you to prove a tortious interference claim, the following criteria need to be proven:

The existence of a contract
Defendant's knowledge of that relationship and contract
Defendant's intention to interfere and cause a breach of contract
Defendant's lack of justification for his or her actions
Damages caused by the defendant's interference and the resulting contract breach

If another party interfered with your business, do not let them get away with it. Contact an experienced attorney to review your case and help you pursue damages against the interfering party. You may have rights that we can help you pursue. If another party or business has interfered with your business or contract relations, they may be liable for Texas tortious interference in business relations. Call the Voss Law Firm and speak with a knowledgeable Texas business lawyer at 866-276-6179.

Don't miss out on your complimentary copy of attorney Bill Voss's book: Business Disputes - Critical Information for All Business Owners. Download a free copy today.

Damages and Remedies Available in Texas Breach of Contract Cases

Wed, 09 Feb 2011 08:00:00 EST

"What Every Business Owner Needs to Know When Facing a Partnership Dispute in Texas"

Have you been a victim of a breached contract - when the other party failed to meet their end of your business agreement? You probably have many questions, for instance: how do I know if I have a valid breach of contract claim, and what damages may be available to me? In order to determine available damages, you need to first make sure that there was a valid contract in place, you attempted to perform the contract, the defendant breached the contract, and you suffered damages as a result.

Breach of contract cases in Texas can be confusing, and it is in your best interest to sit down with an experienced Houston business litigation lawyer to find out your options. There may be damages due to you, but it may depend on what the contract stated regarding damages, the subject matter of the contract, and what damages were incurred as a result of the breached contract.

What type of damages or remedies may be available to the plaintiff?

Liquidated Damages - money payable to the injured party, determined either by a contract stipulation regarding a possible breach, or by a court judgment.
Specific Performance - when a court orders a performance to be executed as stated in the contract. This usually occurs in real estate transactions.
Consequential and Incidental Damages - money to compensate foreseeable losses caused by the breach.
Compensatory Damages - money to compensate your losses.
Loss of Use - money to compensate the time it takes to repair damages.
Loss of Credit Reputation - if loss of credit was incurred or the breach forced the plaintiff into bankruptcy, then compensation is available.
Rescission - when money is returned as both parties cancel their contracts and are excused from performance.
Restitution - gains-based recovery - for example, one party gives money back, and the other party gives back goods.

Also, according to Texas law, plaintiffs can recover attorney fees in breach of contract cases, if it is provided for in the contract. It is always wise to seek the advice of an attorney in breach of contract cases. Contact the Voss Law Firm and let Texas business litigation lawyer Bill Voss represent your business if you have suffered a breached contract. Call us today at (866) 276-6179.

It is also in your best interest to order a FREE copy of our book: Business Disputes - Critical Information for All Business Owners.