Nine areas, one way of working.

Our extensive experience in litigating business matters enhances our ability to effectively assist clients in a non-litigation context. In this regard, we provide the following:

• Business entity formation (corporations, limited liability companies, professional associations and general and limited partnerships)
• Drafting, review and negotiation of employment, non-disclosure, non-compete, arbitration and separation agreements
• Drafting, review and negotiation of commercial leases
• Drafting, review and negotiation of various contracts and business documents, including asset sale and purchase agreements and related terms and conditions
• Corporate governance
• Industry specific and general regulatory and compliance matters

Our clients tell us that construction and design are imperfect processes. Similarly, litigation of construction disputes or negotiating construction contracts are anything but perfect. Our clients are confident they know what to expect, as they actively assist in designing and building the case strategy.

We provide a broad spectrum of legal services in assisting construction managers, contractors, design professionals, inspectors, subcontractors and vendors in all phases of commercial and industrial construction projects as well as claims, disputes and litigation arising from such projects. Typical services include contract drafting and negotiation, negotiation of claims and representation in litigation or arbitration involving issues related to acceleration or compression of work; change orders; construction defects; coordination and synchronization of trades; CPM schedule and delay claims; engineering; liquidated and consequential damages; mitigation of damages; personal injury; project management; and termination or default.

Our experience in this area ranges from navigating commonplace lien and payment issues encountered on light commercial jobs to cutting edge offshore marine construction projects involving multiple disciplines and market pressures. Two such disputes involved marine rigs: the Deepwater Nautilus, sister vessel to the Deepwater Horizon, and the Pride Kansas.

Most importantly, we are keenly in tune with the far reaching impact which construction disputes may have on existing business operations, profits, projections and relationships, and focus our initial efforts on attempting to keep projects on track and reconciling disputes before protracted litigation is warranted. Nonetheless, when litigation is the chosen route, whether we are representing a Plaintiff or Defendant, our strategy is built around working toward cost effective, yet favorable solutions that make sense.

As part of the firm’s transactional practice, we routinely draft and negotiate various business and personal agreements, including the following as examples: employment agreements (including non-compete, non-disclosure/confidentiality and mandatory arbitration provisions); severance and separation agreements; contracts for professional services; independent contractor agreements; joint venture agreements; asset purchase and sale agreements; partnership agreements; material supply agreements and purchase order terms and conditions; construction agreements; and ante-nuptial (“pre-nup”) agreements.

In keeping with our personal commitment as attorneys to serve the needs of those whose voices are incapable of being heard due to infancy, mental or physical incompetence or disease process, we offer assistance in initiating, processing and if necessary, litigating guardianship cases in Montgomery, Fort Bend and Harris Counties, Texas.

In addition, as a certified Guardian ad Litem, Matthew Mussalli accepts appointments from judges to assist the judiciary in this capacity.

Our lawyers routinely draft, review, analyze and negotiate Physician Services Employment Agreements which, in the current climate, typically include restrictive covenants, such as Covenants Not to Compete, and Non-Disclosure/Confidentiality Agreements, as well as a broad variety of important business entity documents.

Among these business agreements are partnership, shareholder and limited liability company agreements, real estate and equipment leases, asset purchase agreements, and other instruments pertaining to memorializing governance and observance of corporate formalities. Our physician clients also seek out our counsel and professional services in connection with business opportunities which may be outside of their core practice area.

Our professional liability practice entails defending accountants; architects, engineers and other design professionals; attorneys; financial advisors and brokers; psychologists; real estate agents and social workers for breach of contract, errors and omissions and/or professional negligence and related claims or causes of action.

In egregious cases of malpractice, particularly in which the victim is a child, disabled or elderly, we also civilly prosecute health care professionals, including long term care or rehabilitation facilities and nursing homes.

Over the course of our attorneys’ professional careers, we have represented both corporate clients as well as victims and their families, in defending and civilly prosecuting cases involving some of the worst imaginable catastrophic injuries and deaths, including brain damage, quadriplegia and other forms of paralysis, severe burns from contact with caustic chemicals, explosions and fire, de-gloving injuries, permanent loss of a bodily system and long-term diseases related to industrial exposure, to name just a few.

We have litigated lithium battery explosion cases and have industry knowledge and access to a network of professionals in the technology, including in the area of automobile batteries used in electric vehicles. Such cases typically fall under the applicable federal and/or state laws and standards of product liability, professional liability (medical and otherwise), negligence and gross negligence.

In such cases, it has been our experience that the single most important element of effective representation is captured in the following phrase: proactive, time sensitive planning and execution. This includes promptly calling upon and retaining industry leaders and well respected consultants and expert witnesses, and clear lines of communication with decision-makers.

Because these cases are emotionally charged, there is often little or no effective communication between the parties until several months or even years have passed, significant legal fees and expenses have mounted, and all parties are faced with the prospect of having the case decided by a jury. In order to meaningfully represent our clients, we are keenly focused on anticipating pitfalls in communication and penetrating such communication barriers when they are present. Ultimately, if trial is necessary to resolve a dispute, our clients are confident that their position has been firmly articulated and they have made well reasoned and informed decisions in embarking on this course of action.

We offer will drafting and preparation of related legal documents pertaining to testamentary disposition of assets and legal interests, including codicils, power of attorney instruments, health care proxies and declarations of guardian in the event of incapacity.

When an estate is disputed, the firm also handles contested probate litigation.