Banking, Finance, Bankruptcy

We focus our banking, finance, and bankruptcy practice on ensuring that our clients understand their legal options. We provide sound advice and thoughtful recommendations to businesses and public entities seeking experienced representation. We litigate financial disputes, and our board certified appellate lawyer will carry banking and finance litigation to the appellate level when in the client’s best interest.

Our clients include borrowers, commercial banks, credit unions and bank holding companies. Our firm assists lenders, and borrowers in accordance with intricate Texas state and federal banking statutes and regulations. Our attorneys’ banking and finance experience includes:

• Commercial finance
• Asset-based lending
• Lending and secured transactions
• Loan workouts
• Mortgages and foreclosures
• Venture capital
• Bank litigation
• Bankruptcy Court litigation
• Creditor bankruptcy representation
• Business bankruptcy reorganization proceedings

Business & Commercial

Our attorneys provide experienced advice and skilled oversight of business transactions, from establishing a business entity to drafting a lease or construction contract. Our renowned litigation department provides strong representation for legal dispute resolution, at trial or in settlement discussions, for business or commercial matters. We handle corporate and commercial matters for large and small businesses, as well as governmental entities throughout North Texas. We also know that individuals and businesses all face risk. It is a part of our commercial fabric. While all enter transactions with hopes of success and trust in their counterparts, often partners discover that the transaction is not as anticipated, or worse, that they have been misled or have a counterpart who is having buyers regret and looking for someone to blame.  Abernathy, Roeder, Boyd & Hullett, P.C. has unique experience in both the transactional side and the litigation side of business and commercial law.

Business & Commercial Law

• Organizational structures and business entities
• Acquisitions and sales
• Leasing
• Financing
• Franchises
• Software development and marketing
• Advice and recommendations on changing tax law
• Economic development
• Tax abatements

Business, Commercial, & Banking Litigation

• Foreclosure
• Usury
• Breach of contract
• Breach of fiduciary duty
• Negligent misrepresentation
• Trust disputes
• Breach of covenants not to compete
• Misappropriation of trade secrets
• Collections

Constitutional Law

The United States Constitution is the cornerstone of the relationship between the Federal and State governments and between individuals and those governments. The law firm of Abernathy, Roeder, Boyd & Hullett, P.C.., includes established practitioners in the interpretation of the Constitution and its Amendments. Although our focus is frequently handling school/municipal constitutional law matters, our skilled lawyers have experience in a wide range of constitutional matters in this area. Contact our Texas law firm to learn more about our constitutional law practice.

Constitutional law cases can emerge from almost any dispute about the interpretation of specific laws. Our lawyers have represented clients in matters such as:

• Affirmative action
• Discrimination in employment
• Wrongful termination
• Use of school facilities
• Title IX matters regarding athletics in the schools
• Employee freedom of speech
• Student freedom of speech
• Freedom of the press
• Freedom of religion
• Student locker searches
• Student drug tests
• Employee drug tests
• Voting rights
• Freedom of information
• Election challenges
• Sexual harassment
• Open meetings
• Eminent domain

Construction Law

We offer comprehensive construction law representation. From acquiring land to construction contract drafting to obtaining a certificate of occupancy, our experienced construction lawyers handle construction projects in a cost-effective manner.

Home, office, retail and school / municipal construction in North Texas continues to grow. Over the years, we have acquired an in-depth appreciation of the issues frequently arising in construction-related disputes. Our clients include homeowners, commercial property owners, real estate developers, school districts, colleges, cities / other municipalities, and contractors. We offer transactional and litigation services related to all construction matters, including:

• Construction contracts
• Change orders
• Defective construction
• Defective building products
• Warranty claims
• Delay damages
• Mechanics’ liens
• Insurance
• Zoning and land use
• Land acquisition
• Subcontractor agreements
• Alternative dispute resolution
• Real estate litigation

Employment Law

We offer legal representation to Texas employers such as counties, cities, school districts, and businesses large and small. In addition, our attorneys prosecute and defend individual employees accused of violating contracts such as non-compete covenants, executive contracts, and severance agreements. We help clients develop programs and practices that reduce the possibility of litigation and employee grievances. We offer training documents and classroom experience on topics such as Americans with Disability Act Amendments Act (ADAAA) compliance, job interview / documentation / termination practices, and wage and hours laws.

At Abernathy, Roeder, Boyd & Hullett, P.C., we have the staff and resources to address all legal issues related to employment matters, including:

• Affirmative Action Plan issues
• Americans with Disabilities Act Amendments Act (ADAAA) compliance issues
• Employee manual and personnel policy development
• COBRA issues
• Contract and tort matters
• Discrimination matters based on gender, age, disability, national origin, race or religion
• Federal Civil Rights Act of 1991 issues
• Texas Civil Rights Act cases
• Hiring and firing
• Job interview practices
• Immigration Reform Act of 1991 issues
• Occupations Safety and Health Administration (OSHA) compliance matters
• Older Workers Benefits Protection Act issues
• Privacy and employee monitoring issues
• Establishing ESOP programs
• Negotiation of senior executive contracts and services
• Title VII claims, including sexual harassment and hostile workplace
• Wage and hour disputes
• Wrongful termination matters
• We have also handled litigation in state, federal and appellate courts and have defended employers before the Equal Employment Opportunity Commission and local administrative office.

Government Contracts

We represent clients doing business with municipal, state, and federal governments. Our long history of cultivating connections with governmental agencies allows us to provide our clients with sound advice about those agencies, their personnel, and their practices. In addition, we use our extensive experience in business and commercial matters to help clients develop successful proposals, bid responses, and negotiated procurements.

Our law firm helps businesses seeking to supply school districts, municipalities, counties, and other government entities with goods or services. We provide assistance with state and federal procurement. Our lawyers have experience in both traditional court and administrative proceedings at all levels.

We assist companies with a wide range of public contract matters, including:

• Bid and proposal preparation
• Contract negotiations advice
• Bid protest representation
• Litigation of contract disputes
• Compliance advice and training
• Performance audits
• Defense contract proposal submission
• Construction contract bids
• Defending against debarment
• Contract interpretation
• Payment issue
• Contract modification
• Rapid growth

Litigation

We use our experience to represent clients in the best manner possible, whether we act for the plaintiff or the defense. To meet the needs of our clients, we are licensed to practice in state and federal courts in Texas, the United States Courts of Appeal for the 5th and 11th Circuits, the United States Supreme Court and the United States Tax Court. Our litigation lawyers are proactive and responsive to client needs. We do not promote unnecessary litigation, but we do not avoid a legal battle when it is in the best interests of our client. Our trial practice centers on cases with commercial, consumer, real property and governmental orientation, including such diverse areas as:

• Antitrust
• Securities
• Tax
• Corporate disputes
• Business torts such as fraud and unfair competition
• Bankruptcy
• Contract disputes
• Employment lawsuits
• Texas Deceptive Trade Practices Act claims
• Tort claims
• Commercial litigation

Real Estate

Since 1876 Abernathy, Roeder, Boyd & Hullett, P.C., has evolved with the changing local real estate market. We help clients respond to market forces and assist clients with alternative financing sources. Our clients come to us with questions such as those about:

• Real estate closings
• Mortgage and construction loans
• Landlord tenant disputes
• Zoning and land use
• Site planning
• Subdivisions
• Property owner associations
• Condominiums
• Condemnations
• Construction defects link to construction law
• Development partnership agreements
• Foreclosures
• Litigation of real estate

Our legal team offers real estate representation to clients such as buyers, sellers, builders, construction companies, development companies, architects, lending institutions, school districts, colleges, municipalities and other governmental agencies, and borrowers. We have managed the legal aspects of projects such as convention centers, hotels, planned residential communities, and major office buildings. We also handle title-related matters and serve as both escrow and closing agent for numerous title policy underwriters.

School Law

Attorneys in our school law section become involved in a wide variety of matters for local school districts, private schools, and colleges. Our lawyers act as the general counsel for many area districts. Therefore, we know that most educational issues require expertise in a many different legal practice areas. Our attorneys use their knowledge of areas from special education law and constitutional law to business and employment law to help our school law clients. We use our many years of experience in this field to provide clients with knowledgeable assistance in all education legal matters. We offer our school law clients many areas of expertise which include but are not limited to the following:

• Employment relations
• Contract development
• Advising districts in all aspects of special education, under the Individuals with Disabilities Act Section 504 and state policies and procedures.
• Representing districts in special education due process proceedings
• Assisting with policy development governing special education procedures and documentation
• Extensive training programs for school administrators and teachers regarding services for children with disabilities
• Participating in ARD meetings, Individualized Education Program (IEP) development and Section 504 Accommodation Plan team meetings
• Texas Public Information Act
• Detachment/annexation
• Governance matters
• Employment matters – including policy development, review and revision of handbooks and related documents, and hiring, discipline, and termination
• Student attendance and discipline
• Civil rights
• Open meeting determinations
• E-Rate
• Competitive bidding and Procurement
• Business transactions
• Litigation
• Office of Civil Rights (OCR) and Equal Employment Opportunity Commission (EEOC) responses
• Training programs for Board of Trustees and/or Board of Regents Constitutional matters involving affirmative action, discrimination, due process, and freedom of speech and religion.

State Local & Municipal Law

We have a long history of representing municipalities, economic development corporations, special utility districts, rural water corporations and other governmental entities during periods of rapid growth and expansion. Assisting some of the fastest growing municipalities in the United States with transitioning from general law to home rule cities has given the firm expertise in all the policies, rules, regulations, ordinances and charter drafting that allow a municipality to maximize its value to its citizens. The firm has specialized in handling development issues such as tax and economic incentives for multiple sports arenas and retail venues.

Our representation covers a wide range of matters, including:

• Annexation
• Contract development
• Employment relations
• Zoning and land use
• Eminent domain issues
• Environmental regulation
• Civil rights
• Public information issues
• Inter governmental agreements
• Municipal court prosecution
• Regulatory and tax matters
• Open meetings advice
• Open records advice
• Ordinance and charter drafting
• Constitutional law
• Border disputes
• Transitioning from General Law to Home Rule Cities

Wills, Trusts, Estate, & Probate

Our attorneys who practice in the Wills and Probate section are actively involved with estate planning and tax related issues. Our attorneys work closely with tax professionals and other financial specialists to minimize the impact of taxes, provide for an orderly distribution of estate assets and assist with the collection or payment of claims by or against estates. We offer all estate planning and probate services, including:

• Will preparation
• Development of numerous types of trusts
• Durable powers of attorney
• Probate of estates
• Estate claims payment and collection
• Tax planning and tax payment
• Selling assets in an estate, including real estate
• Estate administration
• Complex estate plans
• Guardianship
• Conservatorship

Zoning, Planning, & Land Use

Our Texas, law firm helps clients work with governmental entities in issues of zoning, control of real estate development, and land use planning. Our lawyers and staff are involved in local land use and conservation organizations, serving on boards, and providing skilled representation for their legal needs. Our experience in many areas of the law allows us to represent individuals and organizations in all legal matters regarding land use. We represent organizations and individuals in matters regarding zoning, planning, & land use. Our clients include:

• Elected officials at all levels
• Developers
• Attorneys
• Accountants
• Conservation boards
• Homeowners associations
• Planning organizations
• Government employees
• Contractors
• Individual property owners

Eminent domain is the power to take private property for public use, following payment of just compensation to the owner of that property. As the oldest law firm in Collin County, Abernathy, Roeder, Boyd and Hullett has a deep appreciation and understanding for the eminent domain process.  We have experience as eminent domain attorneys representing both condemnors and land owners with the following issues:

• Instituting eminent domain proceedings
• Appropriately valuing eminent domain takings and damages
• Remainder damage claims
• Special Commissioners’ hearings
• Objections to the Special Commissioners’ Awards
• Challenges to the right to take
• Eminent domain jury trials
• Inverse condemnation claims
• Regulatory takings
• Land use issues
• Constitutional law issues related to fair compensation for property taken.

The firm’s attorneys have extensive experience in all areas of delinquent tax collection, including bankruptcy law and both the legal and operational aspects of tax collection.  Abernathy, Roeder, Boyd & Hullett, P.C. is experienced not only in collecting delinquent taxes for its clients but also in representing appraisal districts in taxpayer challenges to valuation. We are experienced in handling the collection issues created by rollback of taxes on agricultural land as it is developed for commercial and residential use, in collecting accounts in bankruptcy, and in collecting on accounts where a banking institution taken over by the federal government has a lien or owns property.  In the course of providing tax collection services in Texas, we have developed a successful collection and litigation program which we execute in a professional manner.