Author Archives: Derek Carson

Challenging A Default Judgment In A Texas Federal Court

So you just learned that a federal court in Texas has entered a default judgment against your company. As a result, your company is now liable to the plaintiff for thousands of dollars even though the plaintiff’s claims against your company are weak. You didn’t even know a lawsuit had been filed. What do you do? … Read More

Texas Supreme Court Issues New “Spoliation” Rules with Implications for Company Document-Retention Policies

Earlier this month, the Texas Supreme Court issued a key decision on a subject every business owner and executive should know about: the duty to preserve company documents and the consequences for failing to do so.  A court, in some circumstances, can hold a company that has destroyed or failed to preserve documents responsible for … Read More

Fifth Circuit Clarifies the “Active Participation” Exception to the Internal Revenue Code’s Farming-Syndicate Rules

Recently, the United States Court of Appeals for the Fifth Circuit handed down some good news for individual cattle ranchers and farmers wishing to take advantage of S corporations for tax purposes, yet seeking to avoid having their business operations classified by the IRS as an impermissible tax shelter.  In Burnett Ranches, Ltd. v. United … Read More