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Latest from Gray Reed & McGraw LLP

Co-author Ethan Wood We told you to “Beware of Strips and Gores” back in 2012 and today we bring you Green et al v. Chesapeake et al, the sequel. Unlike cinema’s greatest follow-ups, this entry feels more like an unneeded rehash of the original. Nevertheless, it is a good refresher on the topic.   Rules for the Genre The strip-and-gore doctrine operates to pass title to lands in addition to the…
At least some landmen are once again free to be landmen in Ohio. You will recall that in Dundics v. Eric Petroleum the Ohio Supreme Court declared that the Ohio Real Estate Broker statute prohibited land professionals from practicing their trade in that state unless they were licensed as real estate brokers. As predicted, the Industry appealed to the Legislature, which last month in Senate Bill 263 (here is the part pertaining to land professionals) revised…
For 140 days, starting on Jan. 8, 2019, the 150 members of the Texas House of Representatives and 31 members of the Texas Senate, under the leadership of Governor Greg Abbott, will gather for the 86th Texas Legislative Session. As is often said, when the Texas Legislature is in session – your life, liberty and property are at stake – as new laws, rules, regulations, taxes and fees will be proposed and will receive substantive…
I report herein on 2018’s parade of reprobates, rapscallions and others generally lacking in moral hygiene.  We reflect on a mother’s love, corruption in Venezuela, a disloyal employee, stealing from friends, a disgraced politician, and the wisdom of Forrest Gump. Perp: Carol Faulkner Violation: Not a crime but worthy of your consideration for its shamelessness. A “mendacious filing” in a an SEC civil enforcement action against Chris Faulkner, and she “repeatedly and willfully abused the judicial system” in connection with his fraud case.…
Co-author Nikki Niloufar Hafizi From the state of Washington to the streets of Paris, proposed taxes on carbon have been making headlines. Why a carbon tax, and what are the arguments for and against it? Pricing carbon A progressive carbon tax is a climate-change mitigation policy preferred by many economists. Their reasoning goes like this: Carbon and other greenhouse gas emissions contribute to collective problems such as air pollution and climate change, but the entities emitting the GHGs…
Co-author Isreal Miller Local taxing authorities frequently look to out-of-towners to bear what the locals consider the outsiders’ fair share of the burdens of increased oil and gas activity. The counties are often small and rural. (See the Dimmit County road tax).You can’t blame them, but  Reeves County (county seat: Pecos, 2010 pop. 13,783), Loving (county seat: Mentone, 2010 pop. 1,340), and Ward (county seat: Monahans, 2010 pop. 10,658) have been reminded by the big guys and gals in Austin that…
After several months of telling family and friends that his wedding venue business on Big Bux Ranch was for sale, Jeff Bux is contacted by his biggest competitor Hustler Plentee who also owns a wedding venue in the next town south of Buxboro. Hustler asks if Jeff will tote-the-note because his credit is maxed out at Buxboro State Bank, which is owned by Ernest “Big Daddy” Bux. Wanting to avoid a broker’s fee and an…
Earlier this year we covered how Jim Duncey, the majority owner and face of Duncey’s Caps, Inc., was involved in a car accident and arrested for DWI.  While the company survived the initial PR crisis, its bottom line did not.  Retail sales during the following quarter were down 20 percent.  One of the Duncey’s major commercial customers also terminated its contract that produced $3 million in revenue annually.  Things are so dire that the…