Monica Summers

“What are the grounds for divorce in Texas?” In Texas, while you can file for a "no-fault divorce" citing insupportability, the state also recognizes other grounds that could significantly influence decisions related to child custody, support, and property division. These include: • Cruelty • Adultery • Felony Conviction • Abandonment • Living Apart • Confinement in a Mental Hospital Understanding these grounds is crucial for anyone contemplating or going through a divorce, as they can impact the legal proceedings and the final divorce decree. If you're navigating this difficult time, it's important to consult with an experienced legal professional who can guide you through the process with the sensitivity and expertise your situation deserves. #DivorceLaw #TexasLaw #FamilyLaw #TheWrightFamilyAttorney #AtwoodandMcCall Atwood & McCall, PLLC

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FTC Non-Compete Rule Update - A Texas federal court has delayed the FTC’s non-compete rule for a few parties, with a final ruling expected by August 30. Another challenge may lead to a nationwide injunction. Employers should continue contingency planning. More updates will follow. #FTC #NonCompete #LegalUpdate #EmploymentLaw #BergerSingerman

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The U.S. Supreme Court denied PHH Mortgage Corp.'s petition for writ of certiorari on Monday in PHH Mortgage Corp. v. Guthrie, case no. 23-785. PHH's petition stemmed from an adverse Fourth Circuit appeal that vacated in part and remanded a district court order granting summary judgment in PHH's favor. The Guthries purchased a home in 2009, secured by a lien against the property. In 2011, Mark Guthrie filed for chapter 13 bankruptcy. In 2013, the bankruptcy court granted Guthrie's request to surrender the property and modify his chapter 13 plan to reduce his monthly payments. The bankruptcy court entered a discharge order in 2016 after Guthrie made all plan payments. Following the discharge, PHH--the servicer of the 2009 loan--sent letters to Guthrie regarding the status of the loan. Guthrie sued PHH in 2020, asserting ten claims under federal and state law arising from PHH's collection efforts. The district court granted PHH's summary judgment motion in full. On appeal to the Fourth Cricuit, Guthrie argued in part that the bankruptcy code preempted Guthrie's state law claims. In a 3-0 decision, the Fourth Circuit concluded the state law claims were not preempted by federal bankruptcy law. The Supreme Court's decision to not hear the case has serious practical implications. As PHH pointed out in its petition briefing, multiple other circuits have decided that federal bankruptcy law preempts state law claims because only a federal bankruptcy court may enforce the discharge injunction. Allowing state law claims that are necessarily intertwined with a discharge injunction violation blurs the line for onerous and unpredictable liability on creditors, even where they act reasonably. There is also the very real possibility that different states will interpret violations differently. While this may be the end of the preemption argument for PHH in the Guthrie case, this issue should remain a concern for all creditors, especially in the Fourth Circuit. Creditors should review their debtors' bankruptcy status carefully to avoid potential state law claims stemming from an alleged discharge injunction violation.

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In honor of Memorial Day last weekend, I've been telling stories about my Dad to my kids. My Dad was a Banker his entire life and spent countless hours at small town banks in Missouri lending money to the small businesses that build America. When I was 4 years old, I was playing hide-and-seek with my brother at my Dad's bank. I decided to hide in the vault. My brother decided to close (and lock) the vault door. I was - quite literally - trapped behind bars. For hours. It took 2 keys, turned by 2 different people, to unlock the vault doors, and one of those people was not at the bank. What a metaphor for what I do. Someone trapped behind bars, surrounded by problems with money, and needing the help of at least 2 people to unlock the vault. Most of my clients are coming to be with a business dispute: a problem with their partner, an issue with their loan, or an argument with a supplier. Whatever the issue is, they feel trapped, and they usually need the help of 2 people to work out their problems: (1) a lawyer; and (2) a good CPA. With those people helping on the front end, there are very few vaults that we can't unlock together. I try to remember that feeling being trapped behind bars as a little girl when my clients come to me - it's the easiest way to relate to what they're feeling and going through. What stories do you tap in to when you want to relate to your clients?

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A Texas federal district court recently concluded that the FTC lacks the requisite statutory authority from Congress to enact a rule that would prevent employers from entering into non-competition clauses and, beyond that, bar them from enforcing most existing non-competition clauses. The Rule is scheduled to take effect on September 4, 2024. However, Judge Ada Brown from the Northern District of Texas granted certain challengers’ motion to stay the effective date of the Rule and entered a preliminary injunction that prohibits FTC from implementing and enforcing the Rule until the court can resolve the ultimate merits of the challengers’ claims, which the Texas judge intends to do by August 30, 2024. Learn more about the rule, expected legal challenges, and more from the Texas Lawyer article by Kellen Scott, shareholder in our Labor & Employment practice in Houston.

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You can avoid a criminal conviction through Deferred Adjudication. In Texas, this powerful legal tool can be leveraged to mitigate the personal and professional consequences of DWI.

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As a criminal defense attorney with extensive experience working with DUI and DWAI cases, I often encounter confusion about DWAI charges in Colorado. Let me clarify: DWAI (Driving While Ability Impaired) is a distinct charge from DUI, applying when your BAC is between 0.05% and 0.08%. While it's generally less severe than a DUI, it's still a serious offense that can impact your life significantly. Key points about DWAI in Colorado: Usually a misdemeanor No automatic license suspension for first-time offenders Can become a felony with three or more prior DUI/DWAI convictions Understanding the nuances of DWAI charges is crucial for mounting an effective defense. If you're facing a DWAI charge or have questions about how it differs from DUI, don't hesitate to reach out. As an experienced DUI/DWAI defense attorney, I'm here to protect your rights and guide you through the legal process. #CriminalDefense #DUILaw #ColoradoLegal #DWAIDefense

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What an incredible triumph in family law! Compassion and resolution collided to achieve something truly remarkable. 🌟🎉💼 #FamilyLawTriumph #CompassionPrevails #LegalSuccess ⚖️🤝 #SimsPurzer #TexasFamilyLaw #FamilyLaw

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Lowenstein’s Julie Werner and Amy Schwind analyze the Texas court's limited preliminary injunction against the Federal Trade Commission's non-compete ban, affecting only specific parties. Discover what this means for employers and future legal challenges in our latest Employment client alert. Read the full alert: https://bit.ly/3Lcd6Y8 #employmentlaw #employers #noncompete #lawyers #employment

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A Section 1301 Trust is a legal solution designed to manage funds and assets for minors or incapacitated individuals in Texas. Whether it's inheritance, settlement claims, or other assets, this trust provides flexibility, protection, and efficiency. Who can benefit? -Minors inheriting money or property -Incapacitated individuals needing financial management Want to learn more? Read our blog: https://lnkd.in/gx2cWRxg #Section1301Trust #LegalSolutions #TexasLaw

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Bristol Law Office in Roswell, NM is here to bust common bankruptcy myths and help you get back on track. Visit https://lnkd.in/geEuuD5N or call 575-625-5284 to learn more. #bankruptcy #roswell #mythsdebunked

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Today, the U.S. District Court for the Northern District of Texas granted a preliminary injunction delaying the effective date of the FTC’s ban on non-compete agreements, but only for the plaintiff who brought the challenge – Ryan, LLC. Absent injunctions issued by other courts, the FTC ban continues to be applicable outside of the single case brought by Ryan, LLC. However, the opinion sets the groundwork for other courts where similar challenges are pending to prohibit the FTC ban from becoming effective. In the Texas case, Ryan, LLC challenged the rule on several grounds, including that the FTC lacked substantive rulemaking authority under Section 6(g) of the FTC Act. The District Court agreed, concluding Ryan was likely to succeed on the merits in establishing Congress only granted the FTC procedural rulemaking powers. Further, the District Court held Ryan was likely to succeed in establishing the FTC’s ban was arbitrary and capricious because it was a “one-size-fits-all approach” that differs greatly from how states have addressed the issue. The court reasoned that because states have crafted statutes that address non-competes in certain limited contexts, the FTCs near-total ban was not rationally connected to the facts upon which the FTC relied for adopting the rule. The court easily found irreparable harm existed to justify an injunction because Ryan would incur compliance costs associated with complying with the rule that would not be recoverable if the ban were later set aside. Finally, the court indicated it would have a substantive ruling on the merits of the challenge by August 30, 2024. In sum, the decision changes little for those businesses seeking clarification on whether they must comply with the FTC ban. As other cases proceed in challenging the rule prior to its effective date, Gray Ice Higdon will continue to monitor and keep you apprised of how the legal challenges are impacting you.

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💥This summer, in addition to enjoying the weather and celebrating national holidays, thousands of law clerks will complete federal and state #clerkships nationwide. The Legal Accountability Project’s Clerkships Database currently contains 1,100+ candid post-clerkship surveys about 850+ judges. But we’re not stopping there! 🎆Our next ambitious goal is to collect *500 new surveys over the next 3 months* from clerks heading out of chambers, on to their next adventures, and probably with great wisdom to share! ✨With that in mind, here are answers to a few Frequently Asked Questions (more info can be found on LAP’s website): 💥How does LAP verify survey submissions/user registrations? Users register with their full name, email, law school, and grad yr. Students also upload IDs. My eyeballs are on every survey that comes in and every user who requests access to ensure no unauthorized users access the Database. Many users receive emails from me verifying their identities. As LAP onboards law schools, they will also have admin dashboards to help with verification. LAP does not post unverified survey submissions in the Database, nor do we grant Database access to unverified users. We restrict access to current students/recent grads to ensure individuals use the Database solely for a *legitimate clerkship search.* 🧨How does LAP ensure privacy + security? LAP’s Database login is similar to 2FA and is tied to a user’s email account rather than username/password. Additionally, LAP disabled printing, right click, copy/paste, and save functions in the Database. There's a watermark on every survey that says "CONFIDENTIAL" and notes a time stamp and user's name/email to discourage misuse. Throughout the Database, users are reminded *it's a violation of LAP’s Terms of Use to disclose info contained in the Database.* 🎇What about “chambers confidentiality”? LAP’s survey asks about chambers culture, judges’ managerial styles, and the overall experience - the “judge as employer." We do not solicit confidential info about judicial deliberations or cases worked on during the #clerkship. It's not dissimilar from the way some schools internally collect post-clerkship surveys. Law clerks should not worry they're violating their law clerk duty of confidentiality by sharing their #clerkship experience with LAP. In fact, some judges actively encourage their clerks to submit surveys following their #clerkships. And the federal #judiciary has also clarified that reporting mistreatment *does not* violate #confidentiality. LAP’s Database is a repository of #clerkship experiences. It is only viewed by active applicants and some law school advisors. ✨LAP’s Database is only as good as the strength of our info and the user-friendly way we present it. We’re grateful to the 1,100+ clerks who’ve already contributed. 💥If you haven’t already, we hope you'll share your experience with LAP - and with aspiring clerks! #clerkships #courts #transparency #equity

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