Exempt versus Nonexempt
The Fair Labor Standards Act ("FLSA") applies to employees (not independent contractors) and, among other provisions, generally imposes minimum wages for hours worked and requires overtime pay for time worked in excess of 40 hours in a single workweek. These requirements generally apply to all employees unless their job duties…
Employee or Independent Contractor?
Employers should be careful when classifying a worker as either an independent contractor or an employee because this determination impacts more than just payroll tax considerations. Among other issues, worker classification can affect (1) minimum wage and overtime pay requirements; (2) employment benefits; (3) insurance considerations; and (4) liability issues.…
1031 Exchanges
How investors and entrepreneurs defer capital gains and build wealth. 1031 Exchanges, otherwise known as like-kind exchanges or a “Starker,” gains its name from Section 1031 of the Internal Revenue Code. These exchanges are a “swap” of one investment property for another, which allows capital gains taxes to be deferred.…
Things Not to Do in Court
Things you might want to avoid if you'd like to win your case...
PA vs. PLLC – What is the Difference?
When medical professionals are seeking to form an entity for their practice, one of the most common inquiries is whether they should form a Professional Association or a Professional Limited Liability Company. The biggest difference between these entities comes down to which structure, control system, and tax treatment is preferred.…
Beware of the Top Three
We all know the top three to five “results” from virtually any web search are sponsored ads. Type in “airlines,” for example, and the first four results are travel services like Expedia. The largest airline in the world, American, shows up fifth. Most folks booking a flight are not going…
What is Title Insurance Anyway?
If you have purchased or refinanced a home, you likely bought buy title insurance. So what exactly does title insurance cover and who does it protect? In short, title insurance protects against problems affecting the title to your home. You may think having a serious problem with your title is…
What Does the End of Net Neutrality Mean?
On December 14, 2017 the Federal Communications Commission, in a 3-2 vote along party lines, voted to end net neutrality – regulations enacted during the Obama administration designed to keep the internet fair and open to everyone. The FCC reached its decision despite public outcry and opposition, including the opposition…
Senate Votes to Screw Consumers
Senate Votes to Screw Consumers in Bank and Credit Card Abuse Cases On October 24, 2017, tens of millions of Americans lost a key protection against abuse by bank and credit card companies when Mike Pence cast the tie-breaking vote in the Senate to repeal a Consumer Financial Protection Bureau…
Voter ID or Voter Suppression?
Back in 2011, Texas lawmakers passed one of the strictest voter identification laws in the country. This original law was successfully challenged in court, and was found to improperly discriminate against voters by race. The Texas Legislature has since tried to change the law to address these findings, but the…
Texting & Driving. Illegal in Texas.
Texting and Driving is Now Illegal in Texas, But, Tap The Brakes, is The Law Enforceable? As of September 1st, texting while operating a motor vehicle is illegal in Texas. An offense is punishable by a fine of $25.00-$99.00 for first time offenders, with fines increasing to the range of…
Price Gouging During Hurricane Harvey
Accused of Price Gouging During Hurricane Harvey? Have you or your company been accused of price gouging under §17.46(b) of the Texas Deceptive Trade Practices-Consumer Protection Act? The Texas Attorney General defines price gouging as 1. Selling or leasing fuel, food, medicine or another necessity at an exorbitant or excessive price;…
The Employment Corner
Despite the fact that employers have grown far more sophisticated and are much more careful in publishing workplace policies to protect themselves and their employees, there is one area that most employers don’t think about – what happens outside of the workplace or during an employee’s “off” time. Although it…
Starting a Business with Others?
Starting a Business with Others? Plan Ahead to Avoid Being Stuck to Your Former Best Friend When starting a business, many individuals realize the importance of creating a new business entity (corporation, limited liability company, or limited partnership) to reduce and eliminate personal liability for unexpected events and unfortunate outcomes.…
Personal Bankruptcy Primer
A Fresh Start – Gibson Law Group’s Personal Bankruptcy Primer Introduction The personal bankruptcy process is designed to afford the honest, hardworking individual a financial “fresh start.” The Bankruptcy Code (the “Code”) enables you to receive a discharge for most, if not all, of your debts while retaining as many…
Workplace Discrimination
Workplace Discrimination – Information You Need to Know All claims of prohibited discrimination are enforced by the U.S. Equal Employment Opportunity Commission (EEOC). This federal agency continues to expand and redefine the public’s understanding of discrimination, but generally the EEOC investigates claims of discrimination that involve: Unfair treatment based on…
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Abuse of Discretion, Appeals Court Finds
A state appeals court ruled against a Harris County trial court’s dismissal of a contract dispute, finding it ignored the state’s COVID-19 emergency orders when it denied a continuance in the litigation. The underlying case involved Nicole Felt, a real estate investor who sued Jerry W. Bailey in the 61st…
The Gibson Law Group Secures Appellate Victory for Client
Irving, TX, June 21, 2019 – The Gibson Law Group won an important procedural victory this week in the Dallas Court of Appeals for its client Joel Kelley Interests (Cause No: 05-19-00559-CV; In re: Joel Kelley Interests, Inc., Realtor,) a Houston-based real estate investment group. The firm substituted in midway…
Reagan Herod has been Named to the 2019 Texas Rising Stars List
The Gibson Law Group is pleased to announce Reagan Herod has been Named to the 2019 Texas Rising Stars List (Dallas) The Gibson Law Group is excited to announce Reagan R. Herod has been named to the 2019 “Texas Rising Stars” list published by Super Lawyers, a Thomson Reuters publication and rating…
The Gibson Law Group Named Law Firm 500 Honoree
The Gibson Law Group Named a 2018 Law Firm 500 Honoree for Fastest Growing Law Firms in the U.S. Our team at The Gibson Law Group is dedicated to providing excellence in customer service resulting in many happy clients. In so doing so, our commitment and focus has taken us…
Be Prepared to Vote in November
Be Prepared To Vote In November 11/06/2018 In order to vote in this November’s midterm election, you must meet the following eligibility requirements: United States citizen Resident of the county where you submit the application At least 17 years and 10 months of age at the time of registration At…
Announcing New Of Counsel
The Gibson Law Group Is Excited to Announce that Aaron R. Miller and Nida Nadir Have Joined the Firm as Of Counsel. “We are thrilled to welcome Aaron Miller and Nida Nadir as important additions to our firm as we continue to grow our team of talented attorneys to enhance…
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Newsletter – August 2022
The Best Thing You Can Do for Your Kids A few months ago, my wife and I were on a cruise with my mom and stepdad when they dropped a bomb on us. Over dinner on night one, they announced they had big news. Our immediate first thought was, “You’re…
Newsletter – July 2022
Your Secret Weapon for Startup Success When I turned 16 in September 1980, my parents handed me the keys to my very first car: a white ‘76 Chevy Nova. I was one of the first kids in my entire high school class to get my driver’s license — so you…
Newsletter – June 2022
Save Yourself Thousands — Skip Arbitration! Let’s play “spot the truth.” Which of these four things do you think is right?1. Arbitration is cheap.2. Arbitration is fast.3. Arbitration is fair.4. Arbitration is confidential. ... CONTINUE READING Father’s Day Gift Guide Dad is a very important person in your life! Every…
Newsletter – May 2022
Watch Out for This Shark Over the past year, a law firm in Florida has been terrorizing small-business owners all over Texas. An Americans with Disabilities Act (ADA) rights lawyer runs it with an army of “testers” on his payroll. These folks are all disabled, and their boss dispatches them…
Newsletter – April 2022
How to Get Around the Capital Gains Tax If you have an income property or other investments, capital gains tax probably feels like the bane of your existence. It’s frustrating beyond reason when you sell stock, land, or another asset and watch the government take a big bite (up…
Newsletter – March 2022
The Social Media Tip You Need Today When I was a younger lawyer, the firm I worked for represented a big defense contractor. This company had no problem making weapons of mass destruction, but they did have a problem with one of their employees slacking off. The guy disappeared…
Newsletter – February 2022
What Really Happens in Vegas Most of the married men I know worry a little bit about Valentine’s Day, but not me — I’m used to getting the double whammy every year! My wife Michelle’s birthday is on Feb. 13, so we usually roll the two big events together and…
Newsletter – January 2022
The Strange Story of the Peabody Ducks Sixteen years ago, my wife Michelle and another Aussie friend of hers (also named Michelle) drove from Texas to Memphis, Tennessee, and back in a single day. They had two missions: visit Graceland, and see the famous Peabody ducks ... CONTINUE READING A…
Newsletter – December 2021
The Smart, Legal Way to Boost Your Sales Did you know that Dec. 13 is National Salesperson Day? This day doesn’t get much credit, but it probably should, at least in the business community. Without sales, most of our companies wouldn’t exist! At The Gibson Law Group, I’m always thinking…
Newsletter – September 2021
The Best Hobby for Business Owners September is Self-Improvement Month, so I thought I’d shake things up a bit in our newsletter to celebrate. I’ve invited Reagan Herod, an excellent attorney and partner here at GLG, to talk about something most of us (myself included) could ... CONTINUE READING Here…
Newsletter – August 2021
Meet Vishal, Our New Associate! Hey folks, it’s David here! Things have really been moving and shaking at Gibson Law Group these past few months. We have some exciting developments in the works, but for now, I want to officially announce the biggest one: I’ve hired a new associate ...…
Newsletter – July 2021
YOU Are Making the Founding Fathers Proud In my family, the Fourth of July is a very low-key holiday. If we are not in Honduras diving with friends, you can find me and my wife in New Braunfels with family, cold beverages in hand, and tasty food all around. My…
Newsletter – June 2021
Business Success Lessons From Frank Lloyd Wright When you work with a bunch of construction companies, it's hard to miss the fact that June 8 is Frank Lloyd Wright's birthday. Wright is arguably the most famous American architect of all time. He designed more than 1,000 homes, offices, and museums…
Newsletter – May 2021
The Man That Makes Millionaires When my motivation flagged in college and law school, I always looked up at a particular black and white photograph that I kept on my wall. It was about 8x10 inches and showed a skinny, older, balding fellow with half-moon glasses. He had a beak-like…
Newsletter – April 2021
Have You Met Natalie Yet? Here’s a not-so-secret secret: When you retain Gibson Law Group for your bankruptcy, debt collection, contract dispute, real estate transaction, or other business law case, you don’t just get three great lawyers; you also secure the expertise of my entire team, including our star paralegal,…
Newsletter – February 2021
Reflections on a Year of Lockdown March will be one year since COVID rocked our world. Rather than talking about the tragedy, please indulge me a few minutes to just ruminate. I have a T-shirt that says, “COVID ruined my scuba season.” There isn’t really a scuba “season,” but that…
Newsletter – December 2020
‘6 White Boomers’: An Australian Christmas Story You probably know everything I could possibly tell you about Christmas in Texas — Santa, reindeer, elves, blah, blah, blah. But how much do you know about Christmas on the other side of the globe? I’m betting there are some fun facts you’ve…
Newsletter – November 2020
Gibson Law I’ll Miss You, Wurstfest! As strange as it sounds, the highlight of November for me has never been Thanksgiving. While I do love stuffing myself with turkey, mashed potatoes, and entirely too many carbs to the dulcet tones of a football game, the experience has nothing on my…
Newsletter – October 2020
Gibson Law Meet ‘Trash Heap’ and ‘The Batmobile’ Think back to when you were a teenager. What car did you drive? I bet you can remember the squeak of the doors and rattle of the engine like it was yesterday. Remember turning the radio up so you couldn’t hear mechanical…
Newsletter – September 2020
Meet Our Firm's New Partner! Today, I want to bring you some good news to contrast all the dispiriting stuff on TV: Gibson Law Group has a brand-new partner, and it's none other than our longstanding senior attorney Reagan Herod! Reagan has been with the firm for five years and,…
Newsletter – August 2020
Our Country Can Do Better As I’m writing this, our country is dealing with two major events: rising cases of COVID-19 in many states and protests against racism and police brutality in all 50. We’ve had thousands of people protest here in Dallas since the death of George Floyd ...…
Newsletter – July 2020
Sundays Around Texas — One Quirky Attraction at a Time My wife, Michelle, and I love to travel. In fact, I’d say traveling and all of its attendant perks — like scuba diving, sightseeing, and eating out — are probably our favorite year-round activities! Because of the coronavirus pandemic though,…
Newsletter – June 2020
The Introduction Worth $1 Million Last fall, a woman whose mother had been killed in an 18-wheeler accident contacted me. She was looking for representation, and though I wasn’t the right man for the job (personal injury isn’t in my wheelhouse), I referred her to a good friend of mine…
Newsletter – May 2020
Let Me Tell You A Ghost Story If you've ever met me in person, or even if you've just gotten to know me over these last few newsletters, then you know that I'm a straight-shooting, no-nonsense kind of guy. I'm the last person you'd think would believe in ghosts, or…
Newsletter – April 2020
Bankruptcy in the Wake of COVID–19 This is not the article I wanted to write this month. The original article was about the referrals we make to help our clients grow their networks and grow their businesses. Given that we now live in a world of social distancing and voluntary…
Newsletter – March 2020
A Salute to the Mom and Pops Did you know that Sunday, March 29 is National Mom and Pop Business Owners Day? That day doesn't get a lot of recognition, but I wanted to take the time to highlight it. From what I've seen in my life and work, mom–and–pop…
Newsletter – February 2020
What 14 Years of Marriage Has Taught Me About Business About 15 years ago, I walked into a legendary Lakewood–area bar, that happened to be a client of mine, and met the woman who would change my life. At the time, a good friend of mine (who's a judge now!)…
Newsletter – January 2020
Why You Shouldn't Jump Headfirst Into a Legal Battle As hard as it is to believe, this month we're embarking on a brand–new decade. I'm not much for resolutions (considering how many of us fail to keep them, I think they're a complete waste of time), but I do believe…
Newsletter – December 2019
How Hiring a Lawyer Can Save You Money I've been practicing law for nearly 30 years, and in that time my team and I have cleaned up a lot of messes. Some of the worst ones I've seen — think hundreds of thousands of dollars down the drain — have…
Newsletter – October 2018
Meet Aaron Miller, Our New Of Counsel As a lawyer, I know a lot about the law. That might seem pointless to say, but some of my clients tend to forget that I can be a resource to them during their case process. I also tend to forget that my…
Newsletter – September 2018
Meet Aaron Miller, Our New Of Counsel Back in 2007, long before I met David Gibson, I was still practicing commercial litigation law — the same discipline David and much of The Gibson Law Group deals with today. Though I enjoyed it initially, there was a moment when I suddenly…
Newsletter – August 2018
Meet Nida Nadir, Our New Of Counsel! It's amazing, in our line of work, all the little things you get to do for regular people just trying to get by. Recently, I had an electrician come to me for help. He'd been slapped with a judgment against him to the…
Newsletter – July 2018
David Gibson's Midsummer Trip to Alaska Last month, instead of our usual annual trip to Honduras, my wife, mom, stepdad, and I journeyed to cooler climes to escape from the heavy Texas heat. My brother and his wife own a vacation home 65 miles outside of Anchorage, on the edge…
Newsletter – June 2018
Senior Attorney J.D. Milks on His Competitive Spirit Before the idea of becoming a lawyer had even popped into my mind, I was a fierce competitor on the field of my high school football team. Since I was little, I've lived for the thrill of competition — doing everything for…
Newsletter – May 2018
Why David Gibson Thinks His Mom Could’ve Been President My Mom is a force of nature. As a business owner, college valedictorian, ex-mayor of New Braunfels, and woman with a list of accolades so long that I can't fit them in this article, she's one of the most impressive people…
Newsletter – April 2018
Attorney Reagan Herod's Unlikely Path to Law I grew up in an extended family full of attorneys. In an attempt to carve out my own path and avoid the "family business," I resisted going into law for years and studied accounting for my undergraduate degree. But like so many other…
Newsletter – March 2018
David Gibson Swims With Sharks When I was still a young lawyer, a co–worker who happened to be a dive master made me an offer I couldn't refuse. She and her family were headed to a little island off the coast of the Mayan peninsula called Cozumel, home to the…
Newsletter – February 2018
A Nation built by immigrants In 27 years of practicing law, I've been privileged to work with clients from literally all over the world, from Asia, Africa, Europe, and South America to places as mysterious and exotic as California and New York. They come from ... CONTINUE READING what you…
Newsletter – January 2018
A Firm Founded on Personal Relationships Well 2018 is here, and I'm happy to say we all made it through what, for many, was one of the craziest years in memory. Though my New Year's resolution this year is "to make no further New Year's resolutions," I still admire…
Newsletter – December 2017
The Privilege of Serving Real People As an attorney who works with small and mid–size business owners from all walks of life, I consider it a privilege to represent each and every one of my clients. I'm lucky to be able to serve real people whose businesses are on the…