A case does not always end with a verdict, a court's judgment or a trial judge's ruling. The appellate process is often an important step in protecting a client's right to a correct outcome. Trial lawyers, both within and without the firm, and clients often call upon Underwood Perkins' Appellate section when they want to protect a favorable outcome or overturn adverse judgments and rulings on appeal. Our appellate attorneys have appeared in most of the Texas Courts of Appeals, in the United States Court of Appeals for the Third, Fifth and Eighth Circuits and in the Texas and United States Supreme Courts.
Our firm's appellate attorneys have experience in mandamus proceedings, appeal from summary judgments and dispositive motions, appeals from grants or denials of injunctions as well as traditional appeals from final judgments. The firm assists clients in a variety of ways, from handling appeals in cases conducted by the firm and by outside counsel, to consulting with litigators on discovery issues, motions, jury instructions and post-trial motions. This section also consults during trial in order to protect the appellate record and preserve issues for appeal. At Underwood Perkins, our attorneys are comfortable with whatever role best suits the client's needs; ranging from working with outside trial counsel to direct representation to multi-team representation. The goal of the firm's Appellate section is to deliver quality representation cost effectively and especially to preserve success.
Underwood Perkins' Corporate section serves clients ranging from sole proprietorships to multi-million dollar corporations in a full range of international and domestic business transactions. Our business attorneys counsel clients at every stage of development and growth on issues in the following areas: selection and organization of business entity structures; capitalization of business entities; corporate governance matters, including compliance with the Sarbanes-Oxley Act; executive compensation and employment matters.
Additionally, our business attorneys can assist in the negotiation and preparation of contracts, such as: Licenses, Distribution agreements, Buy-sell agreements, Ownership transfer documents, Confidentiality agreements, Covenants not to compete, and Supply and construction agreements. Commercial representation includes negotiable instruments, secured transactions and letters of credit. This section also counsels clients seeking to raise capital through the private placement of their securities and represents clients in enforcement proceedings brought by federal and/or state agencies and others.
Underwood Perkins’ Commercial Finance and Lending attorneys have considerable experience in the areas of secured transactions, asset-based lending, borrowing and creditor’s rights. Clients who need representation in this area should inquire about the firm’s experience with these issues. Our attorneys represent various financial institutions, including banks and their subsidiaries, finance companies, factors and other lenders in all phases of the finance industry, including: Complex acquisitions, Dispositions, Restructuring, Workouts, Reorganizations, and Liquidations.
Secured transactions involve understanding the debtor’s need for financing, the types of assets that can be used as collateral, how to structure the documents so that the bank or other lender is fully protected in the event that the loan becomes troublesome and how to represent the lender in that event, whether through foreclosure proceedings, workouts with the debtor or representing the lender in bankruptcy proceedings. In addition, it is important to know the Uniform Commercial Code sections on secured transactions, including perfecting interests in various types of collateral, priorities among various creditors, and the Texas Property Code in connection with the various liens, exemptions and foreclosure procedures.
Our attorneys at Underwood Perkins also represent financial institutions and bank holding companies in bank-to-bank debt workouts and bank-to-bank acquisitions.
Underwood Perkins’ Creditors' Rights and Bankruptcy practice is business oriented, highly varied and national in scope.
Our firm represents clients in all types of matters and on both sides of the debtor/creditor equation. Asset sales, avoidance actions, renegotiation and restructuring of problem loans, DIP lending, repossessions and foreclosures, acquisition and disposition of performing and non-performing loans as well as REO assets, claims litigation and duties of officers and directors in times of insolvency also lie within the framework of the firm’s practice.
Our attorneys have extensive experience representing lenders in collection litigation and post-judgment enforcement as well.
Often times, divorce and other family law matters rank as one of the most difficult experiences in a person's life. In addition to turmoil and friction at home, clients face the complicated process of going through a divorce and not knowing what to expect. Tempers flare, expectations aren't met, and all the while, relationships end with children often caught in the middle.
At Underwood Perkins, PC, our goal is to help you navigate the stressful process of a family law matter. We provide a wide range of services to clients, including a staff with over 40 years of combined experience in the family law field and state-of-the-art technology for case management. Because costs are always important, the attorneys at Underwood Perkins aim to provide the most cost effective service possible. Our family law attorneys are dedicated to diligent and competent representation, which means the most effective service for you and your family. Our staff strives to be both compassionate and resilient, making sure your interests are put first.
Underwood Perkins’ Elder Law attorneys provide a multi-faceted practice, representing elder persons and counseling their representatives about the legal aspects of health and long term care planning, public benefits, surrogate decision-making, legal capacity, the conservation, disposition and administration of elders’ estates and the implementation of their decisions concerning such matters. Elder Law incorporates wills and trusts, medical and financial powers of attorney, special needs trusts, guardianship, and counseling concerning long term care planning and financing.
Underwood Perkins’ Estate Planning section assists families and business owners in creating and preserving wealth, in part to pass that wealth on to future generations. In helping our clients achieve these goals, our attorneys advise them on estate and tax planning, including the areas of wealth preservation, multi-generational tax and estate planning, asset protection, business succession planning, charitable and related legal matters.
In the estate planning process, our attorneys work closely with outside accounting, investment, insurance and financial planning professionals. To accomplish each client’s estate planning goals, an attorney needs to listen closely to the desires of the client. Accordingly, our attorneys plan to spend sufficient time in preliminary meetings to fully understand the client’s objectives so that we can structure the estate and asset protection plan to meet those objectives.
Our knowledgeable estate planning attorneys have a wide variety of experience and ability to employ basic and sophisticated estate planning techniques such as: Basic Estate Planning Documents, Wills and Revocable Living Trust, Financial and Health Care Powers of Attorney, Physicians Directives (Living Wills), Asset Protection Vehicles, Family Limited Partnerships, Family Limited Liability Companies, Pre-Marital Agreements, Partition and Community Property Agreements, Buy-Sell Agreements Trust, Vehicles and Generation Skipping, Tax Trusts, Irrevocable Life Insurance Trusts, Dynasty Trusts, Intentionally Defective Grantor Trusts, Grantor Retained Annuity Trusts, Qualified Personal Residence Trusts, Charitable Planning, Vehicles, Private Charitable Foundations, Charitable Remainder Trusts, Charitable Lead Trusts.
Underwood Perkins’ Intellectual Property section is experienced and knowledgeable in all areas of Intellectual Property law. The section regularly represents clients in matters related to copyright, patent and trademark litigation, including matters before the Trademark Trial and Appeal Board. The section also represents clients in all aspects of intellectual property registration, licensing and development, including handling negotiations in merchandising, branding and advertising deals.
The firm’s Entertainment and Media counsel handle a wide variety of matters pertaining to intellectual property development and protection in all media, including merchandising, broadcast, music, publishing, emerging media counsel, product licensing, rights clearance and permissions, and compliance and enforcement. Our established attorneys in this area represent television news anchors, reporters and other broadcast personnel in contract negotiations and related employment issues. This practice area stems from our work as counsel for both talent and production in music, radio, publishing, television and film. With new media applications and content pushing the limits of older law in the area, Underwood Perkins is at the forefront of clearance, compensation and licensing advocacy.
Underwood Perkins counsels businesses and executives in their relationships with each other and with their employees. Our attorneys provide services to navigate the extensive state and federal statutes regulating these relationships. With its full range of services, and tough, aggressive and practical representation, we can provide services comparable to much larger firms at more affordable rates. Our labor and employment attorneys have in excess of 100 years of experience in this area and are often called upon to provide our business clients throughout the area, state and nation with advice in their employment relationships, helping to resolve workplace disputes of all kinds.
Underwood Perkins works with businesses and executives to provide the framework necessary for successful employment relationships. Our attorneys can: answer day-to-day employment questions, advise on the hiring, evaluation, discipline and termination of employees, draft agreements impacting the employment relationship, including; Employment Contracts, Executive Contracts, Arbitration Agreements, Confidentiality Agreements, Noncompetition Agreements, Employee Handbooks and Policies and Procedures, and counsel and assist employers faced with labor organizing activities.
Underwood Perkins keeps businesses on top of the law and manages their risk by helping implement and apply effective policies and procedures to avoid liability. Underwood Perkins’ attorneys can: advise employers on new employment issues, audit existing employment policies, procedures and practices for compliance, update policies, procedures and practices, provide assistance in complying with federal immigration statutes and policies, and provide training to implement the proper policies, procedures and practices.
Underwood Perkins has unique expertise to advise businesses that opt out of the Texas Workers Compensation Act to become “nonsubscribers.” Our attorneys are active in TXANS, the Texas Association of [Responsible] Nonsubscribers, and have extensive experience representing nonsubscribers in litigation. Our attorneys can: counsel employers regarding the viability of workers’ compensation in Texas, advise companies whether non-subscribing is appropriate for their business, draft ERISA plans for non-subscribers to provide occupational injury benefits, and advise and represent employers on workplace injury issues under OSHA before the Occupational Safety and Health Review Commission.
In the event a workplace dispute goes to an administrative agency, trial or arbitration, Underwood Perkins works with employers to defend these cases vigorously and effectively. Underwood Perkins can: defend in court or arbitration, employment claims of all kinds, including statutory employment, tort, contract and wrongful discharge claims, represent companies before the various governmental administrative agencies, including the following: EEOC, OSHA, NLRB, Department of Labor, Office of Federal Contractor Compliance, Texas Workforce Commission, and defend employee grievances.
Underwood Perkins’ Labor and Employment attorneys strive to provide counseling, representation and defense to allow companies to continue to conduct their business.
Underwood Perkins’ Litigation section consists of trial and appellate attorneys who represent clients on a state, regional and national basis throughout the entire scope of the litigation process. Beginning with clients’ first notice of potential liability exposure, our attorneys guide them through the process of negotiating, mediating, arbitrating, litigating, appealing and settling numerous kinds of civil disputes. As a result, our attorneys have appeared before a variety of administrative agencies, state courts and federal courts in Texas and throughout other parts of the country in the capacity as both trial and appellate counsel.
The firm also recognizes that success in the courtroom depends on the attorney’s knowledge of the underlying subject matter at issue, as well as the attorney’s legal abilities.
Consequently, the firm has assembled a team of attorneys who possess in-depth knowledge of the industries in which their clients are involved and the fields in which their clients litigate.
Industries and fields in which the attorneys practice include:
• Commercial business litigation, including business entity disputes, collection litigation, banking litigation and real estate litigation
• Employee injury plans and the defense of non-subscribing employers in cases arising out of on-the-job injuries
• Employment matters, including Title VII, EEOC, ADA, FMLA, ADEA and FLSA disputes
• Intellectual Property
• Medical malpractice and health care provider liability
• Personal Injury
• Premises liability
• Transportation liability
Many firms have attorneys with experience in the courtroom. Underwood Perkins goes a step beyond with attorneys who have experience in the courtroom and in the very fields in which their clients’ operations are conducted. The firm’s litigation philosophy is simple: Know the Law. Know the Industry. Know Success.
Underwood Perkins' Mergers and Acquisitions practice encompasses virtually every form of corporate transaction, including: Mergers, Purchases and Sales of Assets, Purchase and Sales of Securities, and Change of Control Events such as Tender Offers and Proxy Contests. Our attorneys furnish assistance with reorganizations, due diligence and document review and drafting, acquisition and disposition of assets, recapitalizations, and spin-offs and roll-ups. Our multi-disciplinary expertise includes identification of potential purchasers and target companies, tax planning, intellectual property, real estate, employee benefits and consultation services. Representation may begin as early as the strategic planning sessions, and our firm can also assist in or conduct negotiations with the selling or acquiring parties, as needed.
Underwood Perkins' Oil, Gas and Natural Resources attorneys represent both operators and mineral interest holders in all phases of the oil and gas industry. This includes counsel in all phases of exploration, completion and production. Our oil and gas attorneys also negotiate with lenders to establish credit facility and related agreements used to finance energy deals.
At Underwood Perkins, experienced oil and gas attorneys provide title opinions, lease reviews, operating agreements and compliance documentation necessary to enable the "upstream" flow of all Oil and Gas revenues. The firm understands the dynamics of both unconventional plays and traditional resource recovery. Urban area drilling, specialized conveyances, issues concerning non-participating royalty interest owners, assignments, farmouts and surface owner rights are particular "hot button" issues where our oil and gas attorneys can serve both operators and mineral interest owners to maximize their potential in the deal structure.
Our trial attorneys also represent operators and mineral interest owners in disputes involving gas supply contracts, gas transmission contracts, pipeline easements, well damage claims, disputes under drilling contracts, lease termination claims, failure to reasonably develop claims, royalty accounting claims, disputes under operating agreements, change of operator disputes, well and reservoir damage claims, bad faith pooling, title disputes, adverse possession, and surface and sub-surface trespass. Areas of specialization include: Land Services and Negotiations, Lease Negotiations, Deed Conveyances, Title Opinions and Standup Examinations, Joint Operating Agreements, Royalty Owner Rights, Surface Use Issues, Farmouts, Energy Finance, Railroad Commission Issues, Texas and Louisiana Operation Agreements, Welbore and Workover Issues, and Drilling Contracts.
Underwood Perkins handles all aspects of the probate of estates and assists executors, administrators and trustees in estate and trust administration. Attorneys of the Probate section are frequently appointed by the court to act as administrators and guardians. Underwood Perkins also has an active probate litigation practice, litigating contested beneficiary and heirship rights, assisting creditors in claims against estates, establishing guardianships for minors and adults and assisting in mental illness determinations.
Our firm also provides consultations in all aspects of Elder Law, including Planning for Nursing Home Admission, Durable Powers of Attorney, Durable Powers of Attorney for Health Care, and Living Wills.
Underwood Perkins’ Professional Practices section provides a full range of legal services to meet the specialized needs of clients in the growing health care, dental and veterinary professions. Attorneys in this section counsel individual physicians, dentists, veterinarians, and other health care professionals, quasi-governmental authorities, and professional entities and associations.
Our attorneys are experienced in many aspects of professional practice, including the following areas: representing clients in hearings before administrative agencies, assistance in complying with state and federal regulations, employment agreements and related issues, and practice organization and development of health care facilities. Our Professional Practices section also provides legal services related to growing practices, succession planning, and practice purchases and sales. Additionally, our attorneys assist newly licensed professionals in establishing their practices as independent practitioners, as part of a group and/or as facility-based practitioners.
Underwood Perkins documents, structures and negotiates deals in all aspects of real estate transactions and finance, including Buying, Selling, Developing, Operating, Leasing, Capitalizing, Syndicating, Mechanics and Material Men's Liens, and Financing Real Estate Projects. We also perform due diligence reviews of all facets of real estate transactions, such as Titles, Leases, Environmental Obligations and other factors affecting valuation.
Our clients include lenders and borrowers, landlords and tenants, commercial and residential developers, owners and contractors, corporations, investors, management companies and real estate brokers. Our attorneys can structure even the most complex real estate transactions. We also regularly assist clients in resolving related matters such as real estate litigation, evictions, environmental contamination, loan workouts and debt restructuring, including foreclosures and disposition of problem assets, as well as preparing and filing effective liens to protect contractors and/or subs.
A full range of tax planning and consultation services, including litigation of contested tax matters, is provided for the clients of Underwood Perkins. Specific areas of representation include corporate reorganizations and liquidations, corporate acquisitions and mergers, partnership tax matters, tax opinions and analyses in conjunction with securities offerings, and individual tax planning.
The estate planning services provided by Underwood Perkins include the analysis of estate and gift tax considerations, the drafting of wills, creation of inter-vivos and testamentary trusts, creation of family limited liability companies and limited partnerships, and the structuring of comprehensive asset protection strategies and business succession plans. Also see Estate Planning section.
A client's taxation issues do not stop at the federal tax level. If the need arises, Underwood Perkins' taxation group is prepared to assist with Property and Commercial Personal Property filings and disputes. The group also provides representation and consultation concerning state sales and margin tax.