Business and Corporate Law

Farrow-Gillespie Heath Witter

The CCPA: California’s Follow-up to the GDPR

Following the enactment of the European Union’s GDPR, California has passed the California Consumer Privacy Act of 2018 (CCPA) that will go into effect January 1, 2020. The CCPA is intended to protect California residents’ personal information, which is defined as any information that identifies, relates to, describes, is capable of being associated with, or […]

The IRS’s Trust Fund Recovery Penalty: A Perilous Trap for the Unwary

Under the Internal Revenue Code (the “IRC”), employers must withhold certain taxes from employee pay.  These monies are referred to as “trust fund taxes” because they are held in trust on behalf of the government, and employers must turn these withheld amounts over to the government on a regular basis. For various reasons, employers sometimes […]

How the EU’s New Privacy Law Affects You

The General Data Protection Regulation (GDPR) The General Data Protection Regulation (GDPR) is the European Union’s (EU) new privacy law set to go into effect on May 25, 2018. For the EU’s single market countries, the GDPR establishes protection for the privacy and security of an individuals’ personal data. However, because of extraterritorial jurisdiction, United […]

Investment | Farrow-Gillespie & Heath

Uncertainty Continues Around “Fiduciary Rule” Protections for Retirement Investors

The last 40 years have seen a marked change in retirement benefits, with fewer employer-sponsored defined benefit plans, more defined contribution plans (including 401(k) plans and Simplified Employee Pension (SEP) plans), and a proliferation of individual retirement accounts (IRA).  These changes have raised questions among regulators about the protections available to employees who are now […]

Two Major Developments for Employers

Employment law has seen two recent major developments that affect employers.  The first involves nondisclosure limitations in sexual harassment settlements.  The second rewards employers who conduct internal wage and hour audits. Recent Development #1: New Tax Law Nondislosure Limitations One of an employer’s primary motivations in resolving an employment claim is to obtain the employee’s promise […]

The 5 Most Important Decisions in a Physician Employment Agreement

    Over the years, physician employment agreements have become very standardized. However, there are several provisions in such agreements that the to-be-employed physician must review carefully with his/her attorney.  The following is a brief summary of what I consider to be the 5 most important provisions for a physician to understand and negotiate with […]

Luxury Property | Yacht | SPE | Special Purpose Entities

Luxury Property Special Purpose Entities

Portions of this article were originally printed in Dallas Bar Association Headnotes, December 2017.   When it comes to luxury property, such as beach houses, lake houses, ski condos, hunting leases, aircraft, watercraft, limousines, and the like, two rules almost always apply:  First, they are expensive to own and operate.  Second, they tend to sit […]

What you need to know about copyrights

Most people have heard the word “copyright” or at least have seen the symbol “©” – but what exactly is a copyright? Overview of Copyrights A copyright protects an original work of authorship that is fixed in a tangible form of expression or medium, including literary, dramatic, musical, and artistic works. Copyrighted materials may include […]

Health Law | Farrow-Gillespie & Heath LLP | Dallas, Texas

$2.5M settlement shows that not understanding HIPAA requirements creates financial risk

The U.S. Department of Health and Human Services, Office for Civil Rights (OCR), recently announced a Health Insurance Portability and Accountability Act (HIPAA) settlement based on the impermissible disclosure of unsecured electronic protected health information (ePHI).  In 2012, CardioNet, a company that remotely monitors patients at risk for cardiac arrhythmias, reported to the HHS Office […]

Puttering on about drones

Subsequent to the posting of this article, the U.S. Court of Appeals for the District of Columbia, in a case styled John A. Taylor v. Michael P. Huerta and the Federal Aviation Administration vacated the requirement that drones flown for recreational purposes must be registered with the FAA. Therefore, the new requirements referenced in the […]

Mary O'Connor | Farrow-Gillespie & Heath LLP | Dallas, TX

The SEC’s reach may be longer than you think

Privately-owned businesses and individuals can be surprised to receive a subpoena from the U.S. Securities and Exchange Commission requiring them to produce extensive documents or give testimony. What does the SEC do, and how does it touch on private companies and private individuals? The Role of the SEC in Enforcing Securities Laws By its own […]

A big phish is in the water – BEC

That flowery email from a Nigerian Prince who can’t spell has been supplanted by a far more dangerous phish — the Business Email Compromise (“BEC”). According to the FBI, in the past two years over 8,000 businesses, small and large, have been victimized by BEC attacks for combined losses of over $1.2 billion. What is […]

Christian Kelso | Farrow-GIllespie & Heath LLP | Dallas, TX

It’s time to make your 663(b) trust and estate distributions!

Trusts and estates often pay more tax than individuals in like circumstances.  This is not because they are taxed at higher rates, but rather because the same rates applicable to individuals are “compressed,” meaning that each marginal rate increase happens at a lower level of income than it does for individuals.  For example, the highest […]

Fooling Mother Nature requires a Texas license

By Maria Folkerth July 27, 2016 Maria Folkerth is a summer intern at Farrow-Gillespie & Heath. She will begin classes at the University of Arkansas in the fall. Section 301.11 of the Texas Agricultural Code provides that a person must have a license and fill out an application for a permit to modify the weather. Cloud […]