Our Most Frequently Asked Questions

Our Texas Lawyers Provide Insight

We have compiled detailed answers to questions that the lawyers at Naman, Howell, Smith and Lee, PLLC get asked frequently.

How Are Administrative Law Cases Settled?

Unlike traditional cases that are heard by any judge, administrative law cases are heard by a specific administrative judge at an assigned administrative hearing. These judges are trained to review state or local government agency decisions. Attorneys from both sides share evidence and speak to witnesses, just like they would in a typical courtroom. Following the evidence and witness testimonies, a decision is made. That decision can keep the original agency's decision, change it or set it aside completely.

Which Civil Rights Claims Can be Grounds For a Lawsuit?

Civil rights defense cases are complex because there are such a large number of claims that can be used to file a lawsuit.

The list below is not exhaustive, but it does contain many of the most common claims:

  • Unlawful detention
  • Use of excessive force
  • Purposeful indifference
  • Suicide
  • Wrongful death actions
  • Failure to train
  • Failure to supervise
  • Failure to provide healthcare

What is the Difference Between a Partnership, Sole Proprietor, and an LLC?

In both partnerships and sole proprietorships, the individual people that own the business are liable for debts and lawsuits made against the company or organization. This means that the individual's assets, including homes, cars and accounts, may be at risk if there is a legal judgment against the company. On the other hand, individuals that create an LLC, or a Limited Liability Company, are not personally responsible for the legal judgments against the company. Creating an LLC is a safe way to maintain ownership of a company without risking personal assets in the process.

How Can a Mass Torts Case Impact My Business?

Any type of litigation can put a strain on your business, whether it be emotionally on the people involved or financially on the company. In mass torts or toxic torts cases, companies also need to think about the perception of the company and how the allegations will impact the public. It is important to work with an experienced attorney who understands the need for confidentiality. Additionally, ensure that pretrial strategies are in place to minimize media coverage, and when necessary, enlist the help of a public relations professional to do damage control and craft responses to media and public questions.

How is Intellectual Property Protection Different?

In many ways, intellectual property is protected under the law just as strictly as actual property like cars, land and homes. The key difference is that intellectual property is not always tangible. It can be an idea, a design or other intangible items. The key difference is the use. If a piece of property, like a cell phone, is stolen, it cannot be used by the other person. In most cases, intellectual property can and is being used by both the original owner as well as the second, and illegal, user.

To learn more, call us at one of our four Texas locations:

  • Austin - (512) 479-0300
  • Fort Worth - (817) 509-2025
  • San Antonio - (210) 731-6300
  • Waco - (254) 755-4100

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