The Voss Law Firm Blog

A Texas Bank Fraud Lawyer Wants to Know if Your Bank is Charging You Excessive Overdraft Fees

Wed, 04 Apr 2012 08:00:00 GMT

We have all been taught how to balance a checkbook and how to manage our checking accounts, so why do people overdraw their accounts? Sometimes, it may not be the customer’s fault at all. In fact, the bank could be the problem.

For example, you may have $500 in your account and know that your deposit of $1,000 should hit in a few days, so you write some checks to pay certain bills and you make some minor purchases. You may have been very strategic about what checks you wrote and what and when you bought things so that you didn’t spend more than you had. However, what if the bank held your deposit and applied all your debits and checks first? Or, what if they debited out your highest transactions first instead of processing them in the order they came in?

This is the reality that some people, including some soldiers, are facing in Texas. They are trying to fight back against the bank’s deceptive practices in a Fort Hood soldiers’ class-action lawsuit. These banks include Fort Hood National Bank, First National Bank of Texas, First Convenience Bank and First Community Bank.

However, these banks are not unique. Many other banks have participated in these deceptive practices and have charged customers excessive overdraft fees. Because banks have been hit hard in the recession, they are trying to make money at their customers’ expense by participating in unfair and unethical practices.

If you feel like you have been taken advantage of by your bank or have been charged overdraft fees that you believe are not fair, you should call a bank fraud lawyer at the Voss Law Firm at 866-276-6179 to speak with an experienced fraud litigation attorney in a free consultation today.

Houston Bank Fraud Lawyer Helps Soldiers Fight Back Against Bank’s Deceptive Practices

Mon, 19 Mar 2012 08:00:00 GMT

The men and women who risk their lives fighting for our country are at the forefront of another battle, with the help of Houston bank fraud lawyer Bill Voss. Service members who have been overcharged by their banks have filed a class-action lawsuit in Harris County against Fort Hood National Bank, First National Bank of Texas, First Convenience Bank and First Community.

The plaintiffs in this case are mainly service members stationed at Fort Hood who have been overcharged by Fort Hood National Bank in Kileen – the only bank on base. The suit claims that the bank is manipulating clients’ accounts by taking the highest check out of a person’s account regardless of the date the check was issued.

When this occurs, a person can end up being overdrawn and charged hundreds of dollars in overdraft fees. In fact, the plaintiffs named in the lawsuit have racked up thousands of dollars in bank fees throughout the years due to this process, which attorney Bill Voss is calling the high low system. This means that the transactions are being posted from highest to lowest dollar amount, rather than in the order in which they occurred.

When banks take debit card transactions and checks that come in, regardless of the date the check was issued, and withdraw the highest amount first even before any deposit is made, it is not right. When this type of unfair practice occurs, clients may be unwittingly bouncing checks and be charged a lot of money in overdraft fees.

Although banks are in business to make money, they shouldn’t be doing so at the expense of their clients, who include members of the United States Armed Forces. When banks defraud customers and misrepresent the facts, they should be held accountable for their deceptive acts.

If you have been deceived by one of these banks and incurred excessive overdraft fees, you may eligible for this Fort Hood soldiers’ class-action lawsuit. To find out more about your rights, call the Voss Law Firm at 866-276-6179 to speak with a Houston bank fraud lawyer in a free consultation today.

Texas Insurance Litigation Attorney Gets Successful Claim Outcomes

Sat, 10 Mar 2012 08:00:00 GMT

Whether you own an office building, retail development, industrial site or other commercial property, if your property has been damaged due to a severe thunderstorm, tornado, hailstorm, windstorm or fire, you need the help of an experienced insurance claim attorney.

When you have a skilled Texas insurance litigation attorney working on your behalf, you will be more successful in your claim outcome because:

Lawyers experienced in insurance claims know what to look for.
Insurance claim attorneys understand the policy language and benefits you are entitled to.
Lawyers who deal with insurance claims routinely know how to negotiate with insurers.
Insurance litigation attorneys who work on commercial insurance claims know how to work swiftly and cost-effectively.
Lawyers representing businesses know how critical it is to get a positive outcome.
Insurance litigation attorneys know how to assess the impact a disaster has on a business.

When wind damage, fire damage, hail or flood damage has impacted your business productivity or prevented business from being done, you will need to submit a business interruption claim and other necessary commercial insurance claims. However, many business owners are not prepared for such an occasion because they never expected to be put in this position. If this sounds familiar, you need to consult with an experienced Texas insurance litigation attorney to find out what you are entitled to.

Unfortunately, when it comes to these types of claims, insurance companies will try to undervalue the losses or deny claims using every trick in the book. However, our skilled insurance claim attorneys at the Voss Law Firm are aware of their tricks and know how to fight back in order to get you the benefits you and your company are entitled to. Call a successful Texas insurance litigation law firm for a free consultation today at (866) 276-6179.

Businesses Seek Help from a Texas Insurance Litigation Attorney

Sat, 03 Mar 2012 08:00:00 GMT

Texas and the other Gulf Coast states have seen many disasters over the last several years, from Texas wildfires to hurricanes and other severe storms. Because of this, many businesses found it hard to conduct business as usual. In fact, in some cases, it was impossible to conduct business, as properties were completely destroyed.

For these reasons, it is important that companies purchase business interruption coverage. However, the survival of a business often hinges on that company receiving timely payments from their business interruption insurance company. Unfortunately, many businesses have found out the hard way that getting their claims paid can be difficult.

Because insurance companies are always trying to save money, insurers often delay payments, deny insurance claims or offer less than the fair amount to a policyholder. These actions may cause businesses to accept the lower amount offered or pursue a costly appeals process. This is why it is critical that business owners talk with a skilled business lawyer to find out their rights.

At the Voss Law Firm, our Texas insurance litigation attorneys are experienced in dealing with insurance companies to help you get the fair compensation your company deserves. If you are unsure how to proceed in your insurance claim or if you were wrongfully denied benefits, you need to act quickly.

Call one of our knowledgeable Texas insurance litigation attorneys at the Voss Law Firm to schedule a free, no-obligation consultation at (866) 276-6179 today. We will also provide you with a free copy of our book Disputes With Your Insurance Company – What All Consumers Need to Know.

Offshore Supply Vessel Stuck On Jetties In Sabine Pass With Several Injured

Sat, 25 Feb 2012 08:00:00 GMT

About 4,000 gallons of diesel fuel have spilled when an offshore supply vessel got caught on a jetty in the Sabine-Neches waterway Friday.

The 120-foot ship got hung up on the jetty around 6:15 a.m and is still there.

It has been reported that a four-person crew on the ship had suffered various injuries, according to Port Arthur's Coast Guard Marine Safety Unit, and were air lifted by helicopter to the Jack Brooks Regional Airport for EMS services.

Response and rescue teams remain at the scene to assist in safely removing the vessel. Pollution investigators from Marine Safety Port Arthur are assessing the fuel spill. Salvage efforts are ongoing.

The Coast Guard will supervise and direct cleanup efforts, along with the ship's owner.

The goal is to salvage the vessel while mitigating environmental and economic impacts, said Capt. Joe Paitl, commanding officer of MSU Port Arthur.

Investigators still do not know what caused the grounding.

The vessel is not blocking other traffic in the waterway.

ARMoore@BeaumontEnterprise.com

Read more: http://www.beaumontenterprise.com/news/article/Fuel-spilled-when-vessel-caught-on-jetty-Friday-3358677.php#ixzz1nPNd0wj0

UPDATE: Cargo Ship Collided With Sabine Jetty

Sat, 25 Feb 2012 08:00:00 GMT

Brandon JanesThe Port Arthur News

PORT ARTHUR — A 135-foot offshore supply vessel ran into a jetty at Texas Point, less than two miles from Sabine Pass, early Friday morning, spilling 3,000 gallons of diesel gas into the gulf.

Watchstanders from Sector Houston-Galveston received a call at 6:17 a.m. reporting that the “Miss Pearl” ran aground on the west side of the Sabine jetties.

All four crew members were rescued by the US Coast Guard helicopters and taken to the Beaumont Airport.

According to the USCG, the driver suffered an small injury to his face but the other three passengers we left unharmed.

“A few bloody lips from the initial impact but nothing life threatening,” US Coast Guard petty officer from Houston-Galveston Dennis Vetrano told the News Friday.

Emergency Medical Services aided the sailor but no hospitalization was necessary, according to USCG Marine Safety Unit-Port Arthur spokesman Jason Radcliffe

The cause of the grounding is still under investigation by the USCG.

“Miss Pearl,” has a capacity for 12,206 gallons of diesel fuel and 155 gallons of lube oil, according to the Seacor Marine website, the company who operates the vessel.

“From our last reports and pictures there is a light sheen in the area from where the vessel initially lost its fuel,” said Radcliffe. “There doesn’t appear to be any active discharge of fuel from the vessel at this time.”

Radcliffe said, after the accident the crew quickly deployed a sorbent boom, a device which soaks up oil from the surface of water.

As first responders arrived the location, more booms were utilized to further contain the spill, according to Radcliffe.

In an official statement Capt. Joe Paitl, commanding officer of MSU Port Arthur, said, "The Coast Guard is working with the vessel owner and will supervise and direct cleanup efforts. Our number one priority is the safety of everyone involved in the recovery and cleanup operations.

“Our goal is to salvage the vessel while mitigating environmental and economic impacts," Paitl added.

bjanes@panews.com

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 GMT

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 GMT

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 GMT

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 GMT

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 GMT

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 GMT

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 GMT

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.

http://www.click2houston.com/news/Lawsuit-says-banks-ripped-off-customers/-/1735978/9245466/-/f1wpilz/-/index.html

Planning Ahead Can Make Shareholder Disputes Easier

Thu, 01 Dec 2011 08:00:00 GMT

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 GMT

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 GMT

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 GMT

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 GMT

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 GMT

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 GMT

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.