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Business Continuity During the COVID-19 Pandemic: The Cannabis Edition – Part I: Federal Stimulus Packages

With various stay-at-home orders put in place across the country to help “flatten the curve” as part of the response to the coronavirus pandemic, three federal stimulus bills were signed into law in the last few weeks and are now being rapidly rolled out. 

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Stimulus Resources Through the U.S. Department of Agriculture

In addition to stimulus resources available through the Federal Reserve, SBA and other federal agencies, the U.S. Department of Agriculture (USDA) has been provided with additional resources that may be available to farmers and rural businesses, including:

  • $9.5 billion for USDA to respond to COVID-19, including for providing support to impacted agricultural producers
  • USDA’s Commodity Credit Corp.

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Overuse of Beneficiary Designations Can Derail a Client’s Estate Plan

by: Sol S. Reifer, JD, LL.M – Estate Planning, Accredited Estate Planner

“I notice that your account does not have a beneficiary listed, would you like to list one now? Listing a beneficiary can avoid the expense and delay of probate.”

This is a question more and more of our clients are being asked (and encouraged to prepare) by representatives at financial institutions.

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CARES Act, $2.2 Trillion Stimulus Package Signed into Law

UPDATE: The $2.2 trillion stimulus package referred to as the CARES Act was signed into law on March 27, 2020. The Act provides economic assistance to businesses of all types (including nonprofits) and public entities. The Act also provides monetary assistance and other forms of relief for qualifying individuals.

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A New Species of Business Disruptions: Understanding Force Majeure Clauses, Business Disruption Claims and How to Plan for the Unexpected in the Age of COVID-19

By: Ryan M.T. Allen and R. Anderson Sessions

The last several weeks have confirmed what most knew was never myth: the U.S. economy is tied hand-in-hand with the state of global affairs in countries that, though far beyond our borders, directly impact the daily business operations for regional, state, and local businesses.

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Impact of COVID-19 on Estate Planning

Author: Sol S. Reifer, JD, LL.M-Estate Planning, Accredited Estate Planner

The rapidly evolving coronavirus (COVID-19) crisis is creating a plethora of unique estate planning and legal challenges across the globe, particularly given the volatility of the financial markets.

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Wealth Preservation & Transfer Planning Newsletter – Q1 2020

Welcome to the Coats Rose Wealth Presentation & Transfer Planning Newsletter Q1 2020 edition, a resource for timely legal analysis of issues affecting personal wealth, estates and financial preservation.  Included in this issue are articles that explore, “The SECURE Act’s Impact on Retirement Planning and Estate Planning,” and “Estate Planning Strategies Post SECURE Act.”

Read the newsletter in its entirety and learn more here.

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Texas Medical Marijuana: “Incurable Neurodegenerative Disease”

Author: Andrea Steel

There is still time to submit written comments to the Texas Health and Human Services Commission to designate “Incurable Neurodegenerative Diseases” which will qualify for medical marijuana in Texas.

The 2019 Texas Legislature, through H.B.

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“A Discussion of the Pugh Clause: or, How Well Do You Know the Freestone Rider?” presented to PBLA, October 8, 2019

Roger Scales recently presented, “A Discussion of the Pugh Clause: or, How Well do You Know the Freestone Rider?” at the Permian Basin Landmen’s Association (PBLA) monthly luncheon on October 8, 2019.  The full presentation may be accessed here.

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TX Health Dept. Holds Public Hearing on Consumable Hemp Products

Author: Andrea Steel

In preparation of the formal rule-making process implementing HB 1325 which will begin soon, the Texas Department of State Health Services (the “Department”) held a public hearing yesterday to take comments relating to consumable hemp products (a video of the full hearing can be found here).

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How to Get a Medical Marijuana Dispensary License in Texas

Author: Andrea Steel

******UPDATE******

10/10/2019

In an unanticipated turn of events, yesterday DPS abruptly suspended the application period for dispensing organizations, providing only a generic email stating “[t]he department will review the program and the need for any additional licenses again in the coming months.”  It also took down from its site any indications that the acceptance period had ever opened.  

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Aderholt Pens Construction Law Update Stemming from the 86th Texas Legislative Session for Texas Bar Journal

September 16, 2019 – HOUSTON – Coats Rose of counsel Ben Aderholt penned the construction law update published in the September 2019 issue of the Texas Bar Journal.  This issue provided updates covering a number of areas of the law based on the developments from the 86th Texas Legislature. 

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Can Tenants use Property without Paying Rent? – Navigating the Minefield of Eviction Procedures in Texas

August 1, 2019 – In his New York Times bestseller “Evicted” Matthew Desmond, a Pulitzer Prize winner, chronicles the link between poverty in middle America and its correlation to evictions.  Desmond walks the reader through the lives of low-income families across America who have suffered through the eviction process. 

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Surface Water in Texas

July 15, 2019 – In Texas, water law generally applies to either groundwater or surface water rights.  Surface water is defined in the Texas Water Code Section 11.021 as “water under ordinary flow, underflow and tides of every flowing river, natural stream, lake, bay, arm of the Gulf of Mexico, and stormwater, floodwater or rain water of every river, natural stream, canyon, ravine, depression, and watershed in the state.” Diffused surface water is water on the surface of one’s land that has not yet entered a ‘watercourse’ and that instead is owned by the owner of the land over which it flows.  

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Wealth Preservation & Transfer Planning Newsletter – Q3 2018

Welcome to the Coats Rose Wealth Presentation & Transfer Planning Newsletter Q3 2018 edition, a resource for timely legal analysis of issues affecting personal wealth, estates and financial preservation.  Included in this issue are articles that explore, “Spousal Lifetime Access Trusts,” “Advantages of a Living Trust,” and “New Business Planning Opportunities Under the 2017 Tax Act.”

Read the newsletter in its entirety and learn more here.

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Is Your U.S. Company Required to File Form BE-120 by July 31, 2018?

June 25, 2018 – U.S. Companies That Sold, Purchased or Licensed IP or Professional Services with Foreign Persons or Entities in 2017 Take Note: Form BE-120 is Due July 31, 2018.

The U.S. Department of Commerce Bureau of Economic Analysis (“BEA”) conducts surveys to gather economic statistics related, among other things, to international transactions involving certain covered intellectual property transactions and certain covered professional services with foreign entities.

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Kelly Longwell Advised on Historic Tax Credit Financing of a Behavioral Health Care Center in New Orleans

Coats Rose Director Kelly Longwell provided insight on the financing of a 100-bed health center and addiction treatment clinic and additional commercial tenants in a historic 41,000 square-foot former car dealership in New Orleans.  Her commentary was included in the article, “Behavioral Health Care Center to Make New Home in Historic New Orleans Auto Dealership,” published in The Novogradac Journal of Tax Credits on June 7, 2018.

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New Business Planning Opportunities Under the 2017 Tax Act

Attention Business Owners: There are New Business Planning Opportunities Under the 2017 Tax Act

The 2017 Tax Cuts and Jobs Act (the “Act”) creates a new income tax deduction for individuals, trusts and estates that own pass-through businesses.

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Wealth Preservation & Transfer Planning Newsletter – Q1 2018

Welcome to the Coats Rose Wealth Presentation & Transfer Planning Newsletter, a resource for timely legal analysis of issues affecting personal wealth, estates and financial preservation. Our Wealth Preservation and Wealth Transfer Planning attorneys assist clients in planning and protecting their futures through designing trust and estate planning and administration strategies that are responsive to our clients’ needs, whatever their financial status.

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Aderholt Pens Construction Law Journal Article, “Most Circuits View MacEvoy Rule as Harsh,” Published by the State Bar of Texas Construction Law Section

Coats Rose of counsel Ben Aderholt authored the article “Most Circuit Courts View MacEvoy Rule as Harsh” published in the current issue of the Construction Law Journal, published by the State Bar of Texas Construction Law Section.

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