Freeman Law

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The statute of frauds is an affirmative defense in a breach of contract suit that, where applicable, renders a contract unenforceable.[1] It exists to “prevent fraud and perjury in certain kinds of transactions by requiring agreements to be set out in a writing signed by the parties.”[2] In order to be enforceable, a contract that is subject to

The “Cohan rule” is derived from a Second Circuit’s 1930 decision, Cohan v. Commissioner, which allowed for the approximation of travel and entertainment expenses in the absence of records indicating an exact amount.[1] The rule has since flourished, with later noted exceptions, into use with taxpayers who either produce incomplete records or cannot produce any records at all regarding

How Express Contract Terms and the Negotiation Process May Affect Liability
Parties entering into a contract should negotiate in good faith, but parties must also perform due diligence to protect their own interests. In Texas, a claim for fraudulent inducement will fail when the alleged misrepresentations are contradicted by the express terms of the contract and when a party fails

Our firm has written extensively on the topic of cryptocurrency.  Indeed, we have even designated an entire resource page on our website to this always interesting and constantly evolving topic.  You can find it here.  And, additional Insights on cryptocurrency can be found here.
Because cryptocurrencies are so new, it may not surprise you to learn that there

Tortious interference with business relations involves a third party using false claims against a business in order to drive business away or prevent the business from entering a relationship with another party. The key difference between interference with prospective business relations and interference with an existing contract is that the former does not require an existing contract. Interference with a

Tortious interference, also known as intentional interference with contractual relations, is a common law tort that occurs when a party intentionally sabotages or otherwise damages the plaintiff’s contractual business relations with a third party. This article discusses one main form of tortious interference: interference with an existing contract.  We discuss interference with business relations in a separate post.
Interference with

Promoting abusive tax shelters. Taxpayers and tax return preparers should be aware of the various penalties that exist and can be assessed for certain actions (or nonactions). One such action includes promoting an abusive tax shelter. In a previous blog, Freeman Law provided an expansive overview of tax shelter penalties: Tax Shelter Penalties: Listed Transactions and Reportable Transactions.

This article discusses Business Disparagement under Texas law. This article does not discuss the tort of defamation or slander of title. Although similar to defamation or slander of title, the false assertion in a business disparagement case instead harms the economic interests of the business.[1] Texas law refers to this type of action as “business disparagement”[2] while the Restatement refers to it