Read BoyarMiller's Six Ways to Better Manage Litigation and Your Business eGuide now for tips and insight from our team of attorneys with experience across industries, from oil and gas to real estate to private equity.
2019 Information & Insights For EntrepreneursBoyarMiller
We understand the challenges and the opportunities in building a business, and we have helped clients put their dreams into action. BoyarMiller serves as a strategic partner for businesses of all size —from entrepreneurs to Fortune 500 companies. Whether you are forming, buying, selling, or expanding a business, we support and help you to advance your business goals by bringing new possibilities into focus with clarity and confidence.
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This document was drafted as a checklist for my entrepreneur clients interested in starting a business in San Francisco. The document acts as a comprehensive checklist and glossary of terms for starting virtually any business entity.
2019 Information & Insights For EntrepreneursBoyarMiller
We understand the challenges and the opportunities in building a business, and we have helped clients put their dreams into action. BoyarMiller serves as a strategic partner for businesses of all size —from entrepreneurs to Fortune 500 companies. Whether you are forming, buying, selling, or expanding a business, we support and help you to advance your business goals by bringing new possibilities into focus with clarity and confidence.
Succeed from the start, your guide to bringing your business to the U.S.Emma Cowdery
Learn the steps of opening a business in the U.S. from beginning to end. Brought to you by the Delaware Concierge Team for International Business, this guide outlines the necessary components of setting up your U.S. branch office from incorporating, taxes, visas, hiring employees and more. Read success stories of other international firms and get connected with experts that will help you.
This document was drafted as a checklist for my entrepreneur clients interested in starting a business in San Francisco. The document acts as a comprehensive checklist and glossary of terms for starting virtually any business entity.
Corporate Lawyers today have stepped up to the task of handling the legal matters of various companies. They might be working in-house with the company or a separate law firm which caters to multiple clients and offers end-to-end solutions. In this issue of Insights Success, we are glad to enlist “The 10 Rising Law Firm to Watch In 2019”.
Gone are the days of corporate secretary duties performed in isolation. General counsel are under increasing pressure to deliver and demonstrate value to the organization. [Legal entities proliferate]. [New tax laws] and [privacy regulations like the GDPR] force a reassessment of legal structures.
Managing legal entities efficiently is critical for general counsel balancing legal, risk management, and leadership responsibilities. This presentation provides a comprehensive review of [entity management as a legal practice] and [entity management software ]as a tool from the perspective of the general counsel and in house legal team.
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Are credit reports damaging your business? Changes to regulations are affecting corporate credit scores. What can you do to improve your credit rating and win new business?
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Starting, growing or selling a business is exhilarating. The city of Houston possesses a powerful support network for business owners, but there is much to consider with any new business or growth strategy.
As entrepreneurs ourselves, BoyarMiller understands the pressures entrepreneurs and executives face, and we are passionate about helping them resolve challenges and pursue new opportunities.
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Abogado Aly identifies five tips for legally protecting your small business. If you're interested in learning more. Please visit abogadoalybusiness.com.
Corporate Lawyers today have stepped up to the task of handling the legal matters of various companies. They might be working in-house with the company or a separate law firm which caters to multiple clients and offers end-to-end solutions. In this issue of Insights Success, we are glad to enlist “The 10 Rising Law Firm to Watch In 2019”.
Gone are the days of corporate secretary duties performed in isolation. General counsel are under increasing pressure to deliver and demonstrate value to the organization. [Legal entities proliferate]. [New tax laws] and [privacy regulations like the GDPR] force a reassessment of legal structures.
Managing legal entities efficiently is critical for general counsel balancing legal, risk management, and leadership responsibilities. This presentation provides a comprehensive review of [entity management as a legal practice] and [entity management software ]as a tool from the perspective of the general counsel and in house legal team.
Strategies for Proposing Law Frm Rate Increases Richard Brzakala
This article examines various strategies that a law firm can utilize when approaching corporate clients for rate increases, including how to manage client rate freezes and refusals for rate increases.
Business Gratuities Article Cep 0611 Burke (1)Laurel Burke
Describes the balancing act a business or organization faces when building
and reinforcing relationships for business and revenue
goals with legal and
ethical behavior. Suggests considerations and methods to handle business courtesy requests.
Dr. Antoine Maurice Roussety is Executive Consultant at DST Advisory. He lectures in small business and franchising at Griffith University, Queensland, Australia
Are credit reports damaging your business? Changes to regulations are affecting corporate credit scores. What can you do to improve your credit rating and win new business?
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Starting, growing or selling a business is exhilarating. The city of Houston possesses a powerful support network for business owners, but there is much to consider with any new business or growth strategy.
As entrepreneurs ourselves, BoyarMiller understands the pressures entrepreneurs and executives face, and we are passionate about helping them resolve challenges and pursue new opportunities.
5 Tips on Legally Protecting Your Small Business | Abogado AlyAbogado Aly
Abogado Aly identifies five tips for legally protecting your small business. If you're interested in learning more. Please visit abogadoalybusiness.com.
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Starting a business is about getting a lot of things covered. A persuasive business plan is mandatory. If you are following the business rules and regulations, you will be successful. There are several details to attend to before the grand opening of your business. It includes local and state government agencies to assist new business owners with rules and registration information.
Rules and regulations for a startup businessSameerShaik43
Starting a business is about getting a lot of things covered. A persuasive business plan is mandatory. If you are following the business rules and regulations, you will be successful. There are several details to attend to before the grand opening of your business. It includes local and state government agencies to assist new business owners with rules and registration information.
Affirmative Defense Response System (ADRS)guest95afa8
Mitigating damages and reducing risk before, during and after a data breach occurs is what ADRS is all about. A system that shows "every good faith effort" at protecting the NonPublic Personal Information (NPI) of your customers, employees, and vendors as mandated by the FTC.
Increasingly, law firms have used the device of merger as a road to quick growth. Without comprehensive planning the merger route is a hazardous undertaking.
Shutting The Door on Legal Malpractice nelysonboyd
"Understanding and avoiding potential conflicts of interest, organizing your practice, and fostering healthy client relationships will help you prevent ethics complaints and malpractice lawsuits." Deborah M. Nelson
Is It a Good Idea to Have a Buy-Sell Agreement with the People I am Starting ...Charles Lotzar
When starting a business, a variety of legal documents should be prepared to comply with state requirements and to protect the interests of business owners and shareholders. Learn more about buy-sell agreement in Arizona in this presentation.
The BoyarMiller Breakfast Forum returned in person discussing The Future of Houston: What's Shaping Our Economy. The panel of featured guests featured a variety of perspectives from Houston experts in Capital Markets, Energy, and Real Estate.
Read more to learn what our panel shared, as well as their insights and expertise on the state of Houston's economy — the current state and where it is going, local energy trends, and how real estate trends give insight to Houston's future.
The discussion included:
-How technology advancements are aiding office "right-sizing"
-What is and is not moving in the energy sector
-What does the office of tomorrow look like
-What lenders are looking for
-Availability of and access to capital for middle market businesses
BoyarMiller ACC Oct 11 2022 Presentation.pptxBoyarMiller
BoyarMiller Shareholders Chris Hanslik and Andrew Pearce, alongside Celina Carter of BWC Terminals, shared their professional corporate real estate experience regarding leasing for smooth business operations.
In this session, they covered the key aspects of leases, including:
-What is “privilege”
-Tips for preserving privilege
-Avoiding spoliation of evidence
ALTTA: Unlocking the Key Aspects of LeasesBoyarMiller
BoyarMiller Shareholders discuss leasing for smooth business operations. In this session, they discuss:
- Rights a tenant can waive or contract away, as well as rights tenants cannot waive or contract away
- Maintenance obligations
- Subletting, relocation, and transfers
- Landlord concerns, such as deposits, security, and guaranty
- How to handle planned or unplanned interruptions, such as service interruptions, casualty, or condemnation
- Preparing for different events of default
BoyarMiller's State of the Capital Markets eBookBoyarMiller
As part of its ongoing Breakfast Forum series, BoyarMiller hosted three financial experts for a moderated discussion on The Current State of the Capital Markets 2019. The panelists were: Kamden D. Kanaly, CFP®, Chairman, KDK Private Wealth Management; John Sarvadi, Executive Managing Director, Corporate Banking, Texas Capital Bank; and Scott D. Winship, Managing Director, GulfStar Group Investment Bankers.
BoyarMiller - A Law to Think About - The Lifecycle of EmploymentBoyarMiller
Shareholders Matt Veech and Steve Keston presented an interactive discussion on employment law considerations from pre-employment and hiring through termination.
BoyarMiller Breakfast Forum: Perspectives on the Energy Industry 2019BoyarMiller
As part of its ongoing Breakfast Forum series, BoyarMiller gathered industry experts for a moderated discussion on the Perspectives on the Energy Industry 2019. Speakers included with Piper Jaffray, Matt McCarroll with Fieldwood Energy LLC, and Laura Schilling, of Pumpco Services.
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As part of its ongoing Breakfast Forum series, BoyarMiller gathered industry experts for a moderated discussion on the Current State of the Real Estate Markets. Speakers included Jimmy Hinton with HFF, Trey Odom with Avera Companies and Abbey Roberson with Texas Medical Center.
"Treacherous Terms – Drafting Contracts to Avoid Litigation"BoyarMiller
CLE Presentation Content for an ACC Houston event.
Larry Wilson, Shareholder – Business Group
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Stacy Stanley Russell, Of Counsel – Litigation Group
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BoyarMiller: Pro bono in the trial courts and on appealBoyarMiller
HBA Litigation Section presentation October 2018 by BoyarMiller Senior Associate Whitney Brieck. "Ask not what you can do for pro bono, but what pro bono can do for you."
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As part of its ongoing Breakfast Forum series, BoyarMiller gathered industry experts for a moderated discussion on the Current State of the Capital Markets. Speakers included Mark Montgomery with BBVA Compass, Ali Nasser with AltruVista, and Scott Winship of GulfStar Group.
BoyarMiller Perspectives on the Energy Industry 2018BoyarMiller
As part of its ongoing Breakfast Forum series, BoyarMiller gathered industry experts for a moderated discussion on the Perspectives on the Energy Industry 2018.
Speakers included John Berger with Sunnova Energy, Paul Perea with Tudor, Pickering, Holt & Co, and Sanjiv Shah with Simmons & Company International.
#unplug? Legal and Ethical Challenges in Employment in an Online WorldBoyarMiller
A presentation on the legal and ethical considerations in the employment life cycle from pre-employment through post-termination. Screening applicants, monitoring policies, remote work considerations, and access to social media during and post-employment can create ethical questions and legal ramifications for every company.
BoyarMiller Breakfast Forum: The Houston Commercial Real Estate Markets – Wha...BoyarMiller
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Explore the world of the Taurus zodiac sign. Learn about their stability, determination, and appreciation for beauty. Discover how Taureans' grounded nature and hardworking mindset define their unique personality.
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It is crucial for the taxpayers to understand about the TDS Return Filing Due Date, so that they can fulfill your TDS obligations efficiently. Taxpayers can avoid penalties by sticking to the deadlines and by accurate filing of TDS. Timely filing of TDS will make sure about the availability of tax credits. You can also seek the professional guidance of experts like Legal Pillers for timely filing of the TDS Return.
Personal Brand Statement:
As an Army veteran dedicated to lifelong learning, I bring a disciplined, strategic mindset to my pursuits. I am constantly expanding my knowledge to innovate and lead effectively. My journey is driven by a commitment to excellence, and to make a meaningful impact in the world.
Discover the innovative and creative projects that highlight my journey throu...dylandmeas
Discover the innovative and creative projects that highlight my journey through Full Sail University. Below, you’ll find a collection of my work showcasing my skills and expertise in digital marketing, event planning, and media production.
Falcon stands out as a top-tier P2P Invoice Discounting platform in India, bridging esteemed blue-chip companies and eager investors. Our goal is to transform the investment landscape in India by establishing a comprehensive destination for borrowers and investors with diverse profiles and needs, all while minimizing risk. What sets Falcon apart is the elimination of intermediaries such as commercial banks and depository institutions, allowing investors to enjoy higher yields.
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A personal brand exploration presentation summarizes an individual's unique qualities and goals, covering strengths, values, passions, and target audience. It helps individuals understand what makes them stand out, their desired image, and how they aim to achieve it.
Explore our most comprehensive guide on lookback analysis at SafePaaS, covering access governance and how it can transform modern ERP audits. Browse now!
Business Valuation Principles for EntrepreneursBen Wann
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Memorandum Of Association Constitution of Company.pptseri bangash
www.seribangash.com
A Memorandum of Association (MOA) is a legal document that outlines the fundamental principles and objectives upon which a company operates. It serves as the company's charter or constitution and defines the scope of its activities. Here's a detailed note on the MOA:
Contents of Memorandum of Association:
Name Clause: This clause states the name of the company, which should end with words like "Limited" or "Ltd." for a public limited company and "Private Limited" or "Pvt. Ltd." for a private limited company.
https://seribangash.com/article-of-association-is-legal-doc-of-company/
Registered Office Clause: It specifies the location where the company's registered office is situated. This office is where all official communications and notices are sent.
Objective Clause: This clause delineates the main objectives for which the company is formed. It's important to define these objectives clearly, as the company cannot undertake activities beyond those mentioned in this clause.
www.seribangash.com
Liability Clause: It outlines the extent of liability of the company's members. In the case of companies limited by shares, the liability of members is limited to the amount unpaid on their shares. For companies limited by guarantee, members' liability is limited to the amount they undertake to contribute if the company is wound up.
https://seribangash.com/promotors-is-person-conceived-formation-company/
Capital Clause: This clause specifies the authorized capital of the company, i.e., the maximum amount of share capital the company is authorized to issue. It also mentions the division of this capital into shares and their respective nominal value.
Association Clause: It simply states that the subscribers wish to form a company and agree to become members of it, in accordance with the terms of the MOA.
Importance of Memorandum of Association:
Legal Requirement: The MOA is a legal requirement for the formation of a company. It must be filed with the Registrar of Companies during the incorporation process.
Constitutional Document: It serves as the company's constitutional document, defining its scope, powers, and limitations.
Protection of Members: It protects the interests of the company's members by clearly defining the objectives and limiting their liability.
External Communication: It provides clarity to external parties, such as investors, creditors, and regulatory authorities, regarding the company's objectives and powers.
https://seribangash.com/difference-public-and-private-company-law/
Binding Authority: The company and its members are bound by the provisions of the MOA. Any action taken beyond its scope may be considered ultra vires (beyond the powers) of the company and therefore void.
Amendment of MOA:
While the MOA lays down the company's fundamental principles, it is not entirely immutable. It can be amended, but only under specific circumstances and in compliance with legal procedures. Amendments typically require shareholder
Enterprise Excellence is Inclusive Excellence.pdfKaiNexus
Enterprise excellence and inclusive excellence are closely linked, and real-world challenges have shown that both are essential to the success of any organization. To achieve enterprise excellence, organizations must focus on improving their operations and processes while creating an inclusive environment that engages everyone. In this interactive session, the facilitator will highlight commonly established business practices and how they limit our ability to engage everyone every day. More importantly, though, participants will likely gain increased awareness of what we can do differently to maximize enterprise excellence through deliberate inclusion.
What is Enterprise Excellence?
Enterprise Excellence is a holistic approach that's aimed at achieving world-class performance across all aspects of the organization.
What might I learn?
A way to engage all in creating Inclusive Excellence. Lessons from the US military and their parallels to the story of Harry Potter. How belt systems and CI teams can destroy inclusive practices. How leadership language invites people to the party. There are three things leaders can do to engage everyone every day: maximizing psychological safety to create environments where folks learn, contribute, and challenge the status quo.
Who might benefit? Anyone and everyone leading folks from the shop floor to top floor.
Dr. William Harvey is a seasoned Operations Leader with extensive experience in chemical processing, manufacturing, and operations management. At Michelman, he currently oversees multiple sites, leading teams in strategic planning and coaching/practicing continuous improvement. William is set to start his eighth year of teaching at the University of Cincinnati where he teaches marketing, finance, and management. William holds various certifications in change management, quality, leadership, operational excellence, team building, and DiSC, among others.
2. PAGE 02
Consider these steps as a starting
point to avoid litigation:
1
2
3
Choose the right entity for your company.
4
5
6
Protect the team and the organization.
Know the best way to deal with non-competition agreements.
Stay current on state variances for legalizing medical
or recreational marijuana.
Decide how to deal with interoffice relationships.
Protect trade secrets.
3. Introduction
Companies exist to satisfy a need, solve problems, and help people. Of course,
companies also exist to create profit, while also providing a livelihood for members of
the team.
An unexpected lawsuit causes disruptions. It can lead to poor morale. It can take
valuable time away from your company’s core business, especially because a court
possesses the power to award damages or possible injunctive relief that might restrict
what a company can or cannot do. It is expensive in terms of time and resources, as
well as energy and stress.
On the other hand, effectively managing or altogether avoiding business disputes
has the power to dismantle barriers, support and empower employees, safeguard
assets, promote cost-effectiveness and encourage success. It allows companies to
avoid troublesome legal traps that can derail profitability - and unleash the best your
employees and company have to offer.
It is the goal of business leaders and counsel to anticipate, hedge against, and
overcome any legal obstacles that might restrict a company from fulfilling its mission.
This eGuide aims to shed light on common legal issues and illuminate a smooth path
through them. It will explain the value in tackling legal concerns upfront to more
intentionally safeguard your company.
CONTACT
2925 Richmond Avenue
14th Floor
Houston, Texas 77098
713.850.7766
boyarmiller.com
PAGE 03
4. PAGE 04
1. Choose the right entity
for your company.
You can set your company up for success
from the beginning by giving thoughtful
consideration to entity selection. A good
attorney will take the time to understand
your business and what legal entity aligns
with your plans, goals, and objectives.
Distinct characteristics exist as between
the available entity structures and you
should examine the legal ramifications,
protections, and tax situations for each.
For more on entity selection, view our presentation
here.
tip
Companies in Texas will
benefit from recently reduced
administrative burdens of filing
an assumed business name,
commonly called a “dba” or
“doing business as” name. For
more on this and to see what
entities it applies to, visit the
BoyarMiller ViewPoint.
5. PAGE 05
2. Protect the team and
the organization.
Remember that people comprise the
team, and in managing people there can
be a flow of issues as unique as the
personalities involved. Employment
policies can ensure your company is
complying with the law, while also
providing a framework by which your
company can consistently operate using
organized standards and guidelines. They
are also a great way to set expectations
from the outset.
Do not be sloppy with employment
processes such as hiring and onboarding.
Consider your background check and
drug testing policies. Make sure you know
the legal implications of both – such as
who performs the background check
(your company or an outside
organization). There are laws to protect
applicants from discrimination and
procedures that must be followed through
the Equal Employment Opportunity
Commission (EEOC) and the Fair Credit
Reporting Act (FCRA).
It is important for both the company and
the employee to make certain your
company is abiding by new laws. For
example, in 2020, an update to federal
The threshold to classify
someone as a salaried
employee was raised to
$684 per week in 2020.$684
Make sure you know the legal
implications of both – such as who
performs the background check (your
company or an outside organization).
labor law goes into effect relating to
exemptions from overtime pay for salaried
employees. The threshold to classify
someone as a salaried employee was
raised to $684 per week.
Source: Labor Standards Act (FLSA), 2020 Update
For more on employment law considerations,
view our presentation here.
6. PAGE 06
3. Know the best way to
deal with non-competition
agreements.
As you move through the hiring process,
be mindful of non-compete agreements.
An employment acknowledgement letter
is a valuable tool to clearly define
expectations and, once signed, can
greatly reduce issues arising from a prior
employer while also providing guidance
for managers.
Communication is the key to working
through these issues. Additionally, do not
put your company at risk with a
boilerplate employee acknowledgment
agreement. It is wise to seek guidance
from attorneys with broad industry
experience combined with deep
knowledge of employment law.
Find more insights on non-compete
agreements here.
Additionally, do not put your company
at risk with a boilerplate employee
acknowledgment agreement.
7. PAGE 07
4. Stay current on state
variances for legalizing
medical or recreational
marijuana.
Marijuana is illegal at the federal level and
in Texas, yet the number of states allowing
broad medical and recreational use is
growing. Companies with locations across
many states must consider the employment
of team members who operate heavy
machinery or a fleet of vehicles as a part of
delivering their product or service.
Operating while impaired has the potential
to harm employees and others. And
companies need to protect assets – both
material and human.
While medical marijuana use may be
tolerated, employees are not offered much
protection under the Americans with
Disabilities Act (ADA). Such is the case in
Texas. The Compassionate Use Act allows for
doctor-prescribed medical use but does not
provide employment protections for the
employee, and the employee does not
have to be accommodated at work.
Prepare for more change ahead as
marijuana becomes more socially
acceptable. While protection and
accommodation may not be legally
required for the employee, companies
need to take care if termination occurs.
Company leaders need to stay informed to
make sure that they are implementing
policies providing comprehensive
protection from risk.
As of January 1, 2020, the scoreboard reads
like this: marijuana is legal in 11 states
(Colorado, Washington, Alaska, Oregon,
California, Maine, Massachusetts, Nevada,
Michigan, Vermont, and Illinois) and
Washington, D.C. In 2020, legalization is on
the ballot in the following states: New Jersey,
New Mexico, New York, Vermont (for retail
sales), Arizona and Florida. Companies with
operations in those states, stay tuned in this
election year.
Marijuana is legal in
11 states as of
January 1, 2020.
11states
8. PAGE 08
5. Decide how to deal with
interoffice relationships.
Consensual interoffice relationships – and
their potential break-ups – have the power
to create quite a tangle in an
organization.
There’s much to consider on this subject –
such as what your company will allow,
what you will require employees to do or
disclose and when, and how to deal with
managerial responsibility of the parties to
such relationships. It is best to
communicate clearly when forming
policies and acknowledgments.
A consensual romance acknowledgment
provides direction for employees and
managers. A signed agreement outlines
topics like:
• The relationship not having a
negative effect on the work
environment;
• The possibility of a move for
one of the couple;
• Claims of sexual harassment.
An employment law attorney understands your
unique human resources situation and will guide
your policy and language for the agreement.
Read more about “love contracts” here.
Consensual interoffice relationships –
and their potential break-ups – have
the power to create quite a tangle in
an organization.
9. PAGE 09
6. Protect trade secrets.
Your team puts valuable time and energy
into the products and services your
company markets. Honor that investment
with a strong non-disclosure agreement
(NDA) to protect your intellectual property.
An employment law attorney will take care to look
into sales contracts and licenses for safeguarding,
as well as trademarking to ensure marks are
protected. Read about a trademark court case
here.
A strong non-disclosure
agreement (NDA) will protect
your intellectual property.
10. PAGE 10
Stay Out of the Courthouse
to Help Your Business Thrive
These considerations are a good start toward avoiding and proactively managing potential
litigation. From entity selection to employment concerns to protecting intellectual property,
there is value in upfront legal counsel that works to mitigate risk as much as possible while
providing recommendations and guidance specifically tailored to you, your business, and
the challenges, obstacles and opportunities that lay ahead.
Invest in the time to find a trusted legal
partner, one with strong expertise and a
thorough understanding of your business.
The right attorney is a valuable partner, a
problem solver, and someone who can
provide invaluable guidance and counsel
that avoids headaches, minimizes legal
fees, and saves various disruption over the
life of your business.
There is value in upfront legal counsel that
works to mitigate risk as much as possible
while providing recommendations and
guidance specifically tailored to you,
your business, and the challenges,
11. About BoyarMiller
PAGE 11
Our trial and appellate team begins by understanding our
clients’ objectives. Then we develop an effective strategy
to position a case for trial and to achieve the desired
outcome. Our litigation capabilities are broad, and our
clients are diverse, including business entrepreneurs, real
estate developers, lending institutions, and public and
private companies.
We recognize that our clients’ interests
are not always served by being involved
in litigation. We address issues in a timely
manner, while effectively accomplishing
the desired outcomes.
BOYARMILLER’S LITIGATION PRACTICE
Our mission is to provide counsel beyond expectations, build lasting
relationships, and make a meaningful difference in people’s lives.
Our goal is to serve clients as a partner to ensure a prevention-first approach.
Read more about our recent business litigation representative matters.
CONTACT US
for more information about
our litigation and employment
law practice groups.
2925 Richmond Avenue,
14th Floor
Houston, TX 77098
713.850.7766
info@boyarmiller.com
CONNECT WITH US
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