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Texas and California take meaningfully different approaches to commercial leasing norms, guarantees, eviction rights, CAM structures, environmental exposure, insurance allocation, and tax treatment. Investors (and the brokers advising them) should understand these differences before closing.

A commercial lease isn’t just a rent and due dates followed by a bunch of boilerplate . Commercial leases contain a lot of language that can make or break a deal for tenants, landlords, and brokers alike. Even experienced brokers can miss critical clauses that create legal headaches down the line. This checklist highlights key red flags to watch for in Texas and California commercial leases, some of which might be applicable to other jurisdictions.   1.         Ambiguous Rent

For those improving, developing, or investing in Texas real estate, that emphasis is not symbolic, but structural. Texas property law reflects a strong constitutional foundation, a consistent respect for contractual allocation of risk, and a tax system that demands active owner participation. Several features are worth noting.

The issue boils down to this: whether Congress quietly transferred one of its most consequential economic powers to the executive branch through a broadly-worded emergency statute. The Supreme Court says it did not.

Construction contracts routinely include retention provisions, but holding back payment comes with legal limits. Prompt payment statutes in states like California and Texas regulate how much can be retained, when it must be released, and the penalties for delay. What seems like routine close-out leverage can quickly turn into statutory interest, attorney’s fees, and costly disputes.

Texas is increasingly on the radar as an alternative to Delaware, particularly for small and mid-sized businesses, but it is not a wholesale replacement. Each business should weigh cost, simplicity, legal needs, and growth plans before deciding where to incorporate.

Happy (early) New Year! Every year, January 1 brings with it a slate of new laws, and 2026 is no different. My criteria as to what constitutes a “top new law” are: what I find interesting, what will impact Heckman Law, PC clients the most, and how broad the change will be. These are focused largely on construction and real estate, but also with an eye toward business generally. Unless otherwise stated, these laws went into effect on January 1, 2026.   And I have done the same

Happy (early) New Year! Every year, January 1 brings with it a slate of new laws, and 2026 is no different. My criteria as to what constitutes a “top new law” are: what I find interesting, what will impact Heckman Law, PC clients the most, and how broad the change will be. These are focused largely on construction and real estate, but also with an eye toward business generally. Unless otherwise stated, these laws went into effect on January 1, 2026.   And I have done the same

The construction industry if complex, full of risk, and highly regulated. Contractors must know how to navigate tight timelines, how to handle changing cost of supplies, labor shortages, and difficult clients. Despite those difficulties, contractors are expected to deliver quality work efficiently and safely. But often, legal issues are at the bottom of contractors' minds, at least until something goes wrong. By then, damage control can be expensive and time-consuming. If con

Several states require contractors to provide a preliminary notice to certain parties prior to filing suit. In California, this...

Texas's and California's mechanic's liens provisions are almost identical, but only Texas has what can be called a "constitutional mechanic's lien." Why is that?

Happy New Year! Thank you for bearing with me as I complete my review. Every year, January 1 brings with it a slate of new laws. My...

Happy New Year! Thank you for bearing with me as I complete my review. Every year, January 1 brings with it a slate of new laws. My...

We are just over 60 days out from 2025. If you formed an entity in 2023 or earlier, it's time to contact your business attorney.

The formation of an LLC or corporation creates a limited liability shield around the entity's constituents (e.g., directors, members,...

The FTC determined that the rule would foster competition (and that NCAs harm the labor market, prevent the formation of new businesses, etc

In 2023, Texas adopted HB 19, establishing the Texas Business Courts ("TBC"). The TBC will operate in several metropolitan areas, the TBC...

Happy New Year! Sorry that this post is coming in late. As always, January 1 brings with it a slate of new laws. My criteria here are:...

Happy New Year! Sorry that this post is coming in late. As always, January 1 brings with it a slate of new laws. My criteria here are:...

In September 2023, the Financial Crimes Enforcement Network ("FinCEN") proposed amending its reporting requirements under the Corporate...