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Brock Upham Yost Legal Blog

Texas Supreme Court says contract language beats industry custom

Earlier this month, the state Supreme Court overturned a $27.7 million verdict in a dispute over an oil and gas “farmout” agreement. In a 5-4 decision, the narrow majority held that the plain language of a contract should override industry customs relating to farmout agreements.

When can you challenge a will?

The time following the death of a loved one can be emotionally challenging and filled with many changes. During this time, going through the motions of administering their estate plan can be difficult for all involved. However, when circumstances arise that cause you to question the validity of the will, the process can become even more complex.

You cannot challenge or contest a will for just any reason. While family members may be unhappy with certain terms or angry about being left out of a will, hurt or bitter feelings are not enough to challenge a will in a Texas courtroom. Courts view wills as the voice of the deceased individual, so they typically honor these wishes unless a valid reason can prove otherwise.

Court ruling highlights effective use of non-compete agreements

Non-compete agreements are now standard clauses in corporate employment contracts – especially among executives and upper management. These workers usually have the inside knowledge of how a company operates, including its business plans and strategies. As a company owner, you can’t risk losing this valuable knowledge to a competitor who poached one of your employees.

Too often, non-compete agreements don’t hold up in court because they are written too broadly, are deemed “unreasonable,” or attorneys for the company don’t adequately show that an employee’s decision to violate the contract would or did cause substantial harm. Recently, however, national chain CVS Pharmacy set an example of how non-compete agreements are most effectively written and how they can be enforced.

What you can do about unpaid oil and gas royalties

Landowners across the United States have benefited greatly from our country's unique approach to mineral rights. By making royalty deals for the oil and gas on their property, many people in rural areas have been able to have more financial security and better quality of life for their families. However, a significant number of those people have also been taken for a ride by oil and gas companies.

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Brock Upham Yost PLLC
616 E. Blanco Rd.
Suite 202B
Boerne, TX 78006

Phone: 830-275-5607
Phone: 830-816-9033
Fax: 830-584-0774
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