Author Archives: Richard L. Ellison
How a New Texas Law Is Changing DWI Enforcement and Defense
Chemical evidence plays a major role in prosecution of driving while intoxicated (DWI) cases in Texas. Police officers have long used breath tests or arranged for blood draws to validate cause for a drunk driving arrest. Now, a change in the law is altering both the way police operate and how defenses have to be… Read More »
How E-Discovery and Digital Forensics Are Transforming Civil Litigation
In recent years, electronic discovery and sophisticated digital forensics have played an increasingly important role in the civil litigation process. Most litigation today, particularly business cases, involves large volumes of electronically stored information. That makes digital acumen essential when it comes to preparing and presenting a case. E-discovery is the process of identifying, collecting and… Read More »
Texas vs. Federal Bankruptcy Exemptions: Which Should You Choose?
Bankruptcy law is meant to give honest people a fresh start — not to strip them bare. When filing for Chapter 7 or Chapter 13 bankruptcy, one of the most important decisions you make concerns the use of exemptions: mechanisms that allow you to shield specific assets from creditors so that they cannot be seized… Read More »
Protecting Your Right to Payment on a Texas Construction Project
Payment disputes are an ever-present risk in the construction industry, arising from the complexity of projects, the number of parties involved and tight schedules. Under Texas lien law, general contractors, subcontractors, suppliers and certain architects or engineers who follow the strict statutory procedures can secure their right to payment and protect their bottom line. The… Read More »
Defendants’ Options for Seeking Post-Conviction Relief in Texas
There are multiple legal remedies and procedures available to defendants who have been convicted of a crime. Unlike direct appeals to a higher court, post-conviction relief applications ask the trial court to revisit, modify or even overturn convictions. These are the principal forms of Texas post-conviction relief: Motion for new trial — Grounds for this… Read More »
What Is a Breach of Fiduciary Duty and What Remedies Are Available?
A fiduciary is a person entrusted with the responsibility to act in the best interest of another party. Fiduciaries often include corporate directors, officers, partners, trustees, and managers. These individuals owe heightened duties of loyalty, honesty and care to the entities or individuals they serve. A fiduciary can be sued for a breach of duty,… Read More »
What to Know About Texas Bail Reforms and New Victims’ Rights Laws
Starting September 1, 2025, Texas has adopted important changes to its criminal justice rules. The biggest ones reform how bail is set in criminal cases and expand the rights and information available to crime victims. Traditionally, when someone was arrested in Texas, a court would set a cash bail amount they’d have to pay to… Read More »
Spotting the Signs of Real Estate Seller Impersonation Fraud
An increasingly prevalent type of real estate scam involves a fraudster posing as the legitimate owner of a property in order to sell it and pocket the proceeds. Seller impersonation fraud can cause financial loss and legal complications for unsuspecting buyers and legitimate property owners. It is vital to understand how these scams operate and… Read More »
U.S. Personal Bankruptcy Filings Continue on Sharp Rise
The United States is seeing a sustained spike in personal bankruptcy filings. According to recently released data from the U.S. Courts, personal (non-business) bankruptcy filings rose 13 percent during the 12-month period ending March 31, 2025, to 505,771 from 447,458 in the previous 12-month period. What’s more, this latest increase follows a steady upward trend… Read More »
New Legislation Expands Texas Business Courts’ Jurisdiction
The Texas Business Courts were established in 2023 as specialized forums for business-related cases, with the aim of providing faster, more efficient resolution of complex disputes like those involving corporate governance, securities, finance and traditional causes of action such as contract breaches and business torts. Proponents argued that judges with expertise in business and financial… Read More »