Banking Law

BANKING LAW

The Flowers Davis Banking Law attorneys regularly represent financial institutions in areas involving lending, operations and collections.

Our banking professionals understand that lending transactions aren’t run-of-the-mill business deals. We advise on and prepare documents for commercial and residential lending transactions including Deeds, Deeds of Trust and other closing documents, releases of liens, modification agreements, loan participation agreements, collateral substitution agreements and commercial loan agreements.  We offer real estate closings and servicing activities for local and out-of-area lending institutions.  Our attorneys also provide analysis of title defects and title curative services.

Operationally, Flowers Davis attorneys advise financial institutions on regulatory compliance, offer creative strategies in loan structuring, assist in writing loan policies and procedures, and advise on inter-creditor and subordination issues.  We are experienced in counseling lenders on how to avoid liability actions, and on defending lender liability actions.

The Flowers Davis team of bankruptcy and restructuring professionals regularly represents debtors, secured and unsecured creditors, landlords and trustees in all aspects of bankruptcy, sequestration, foreclosure and repossession.  We represent creditor’s rights in bankruptcy cases, obtain and execute writs of sequestration, file forcible entry and detainer suits to assist lenders in gaining possession of property, and repossess personal property such as manufactured homes, recreational vehicles, tractor trailers, tractors and oil field pipe.

Business and Commercial Litigation

Bus-Comm Litigation 1

Flowers Davis Business and Commercial Litigation Attorneys are active in litigating on behalf of clients involving many aspects of business and commercial law.  At this time, the primary commercial litigation matters concern disputes between lenders and borrowers, general business, contract litigation, and collection matters.  As a part of business litigation, we handle cases involving the defense of clients accused of violations of consumer law, including deceptive trade practices (DTPA) litigation. Both of our Partners, Celia Flowers and Robert Davis, are active in this area, as well as many other attorneys throughout the firm.

 

Corporate

corporate lawThe Corporate Attorneys at Flowers Davis assist clients in the formation of Corporations and General and Limited Partnerships.  In addition to providing advice on entity selection and formation, we are also available to act as outsourced General Counsel, advising and participating in the decision-making process on business law issues including shareholder and partnership agreements, prevention of liability, option plans and other equity arrangements, and related corporate matters.

Defense Of Governmental Entities

Defense of governmental entities

Flowers Davis’ Attorneys practicing in the Defense of Governmental Entities section represent over forty-five counties and several cities and school districts throughout Texas.  From our Tyler, Texas offices, we represent individual government officials in litigation across the State.  We also represent governmental entities in automobile accidents, medical liability cases, premise defect cases, civil rights litigation, employment law cases, workers compensation matters, sexually oriented business cases, bail bond forfeitures and tax related matters.

Document Preparation

Document Preparation

Legal documents are complex instruments which by their very definition must hold up in a court of law.  Individuals and businesses require these documents to spell out the details of life’s most important events, such as setting up business partnerships, trust agreements, estate planning, buying or selling a home or taking care of aging or special-needs family members.  The surest way to be certain your legal documents actually make the provisions you require is to have them professionally prepared.

What About Online Doc Prep Services?  We acknowledge there is a dizzying array of tempting low-cost, do-it-yourself doc prep service offerings online.  These sites make doc prep sound as easy as filling in a few blanks.  For an extra charge, some even include “peace of mind” reviews.  But D-I-Y services are no substitute for the advice of an attorney familiar with your circumstances.  Consider the following:

Your Situation is Unique – Most online services include disclaimers stating they are not offering legal advice, which means they cannot apply the law to the facts of your individual situation.  Your individual circumstances can have a huge impact on what kind of provisions you need to include.  It is rare for two legal documents of significant length to be worded exactly the same, and it’s often hard to tell if an online form really fits your needs.

State Laws Change – State laws are constantly evolving due to new case law and statutes.  Online services attempting to serve the entire nation often struggle to keep up with the latest details.  Their “peace of mind” reviews typically only verify that all blanks are filled in, the pages are formatted properly, abbreviations are not used, and your contact information is correct.

Unfortunately, the issues raised above are often uncovered by the very people the documents were trying to protect, when it’s too late to change them.  Are you willing to take that risk?  Don’t leave your most important life events to chance.  Avoid getting a false sense of security.  Hire an attorney who does more than just fill in the blanks.  At Flowers Davis, we use our years of education and experience to analyze your unique situation, explain the ramifications of your choices, and advise you on the best way to accomplish your goals.  We’ll tailor your documents to address your unique needs.  Canned forms cannot do that.

Flowers Davis, PLLC provides professional document preparation services customized to fit your unique situation. Most are offered at a flat fee. All are prepared by a licensed attorney. Examples include:

  • Wills
  • Deeds (Special Warranty Deed, Warranty Deed, Warranty Deed with Vendor’s Lien, Gift Deed, Quitclaim Deed)
  • Deeds of Trust
  • Affidavits of Heirship
  • Power of attorney
  • Medical power of attorney
  • Living wills
  • Statutory power of attorney
  • Same name affidavit
  • Release of Lien
  • Notes
  • Life Estates
  • Trusts
  • Ladybird Deeds
  • Real Estate Transaction Contracts (sale, landlord/tenant, resale, construction contracts, etc.)
  • Foreclosures
  • Owner Finance Transactions

Eminent Domain / Condemnation

eminent domain

“Eminent Domain” or “Condemnation” often involves a local, state or federal government taking of private property for a public use. The power of eminent domain is also available in many instances to oil and gas pipeline companies who operate as common carriers or as gas utilities.

Interstate pipeline companies which are granted a certificate of public convenience and necessity by the Federal Energy Regulatory Commission have the power of eminent domain under federal law.

The Fifth Amendment to the U.S. Constitution and Article I, Section 17, of the Texas Constitution require that just compensation be paid to a landowner whose land is taken through an eminent domain / condemnation proceeding. Disputes arise between the taking entity (condemnor) and the landowner (condemnee) over how much compensation is due, or in some cases whether the entity even has a right to take the property.

The eminent domain process and subsequent litigation is unique in the litigation world.  This rapidly changing area of the law is a combination of administrative law and litigation and thus requires a full understanding of the nuances involved in this type of legal matter compared to other types of litigation.  Flowers Davis attorneys have over 70 years of experience effectively representing both plaintiffs and defendants in local, intrastate and interstate eminent domain / condemnation proceedings in both State and Federal court. We regularly represent oil and gas pipeline companies and cities in these proceedings.  We have handled pipeline projects throughout Texas.

Flowers Davis attorneys assist clients with:

  • Pre-condemnation planning and negotiations
  • Injunctive relief to prevent interference or access property
  • Cooperation with appraisers
  • Preparation of litigation documents and property filings
  • Special Commissioners’ hearings
  • De novo appeals to the trial court
  • Appellate review of trial court decisions

Texas Landowner’s Bill of Rights

 

Employment Law

The Flowers Davis Employment Law Attorneys advise businesses on all employment related matters, as well as defending employment related claims. From our offices in Tyler, Texas, we advise clients on a number of employment issues including proper agreements and training, contracts, and employee benefits.

We also defend claims relating to alleged causes of action filed pursuant to the Fair Labor Standards Act (FLSA) and Title VII of the Civil Rights Act, claims filed with the Equal Employment Opportunity Commission (EEOC) or the Texas Commission on Human Rights (TCHR), alleged claims filed pursuant to the Age Discrimination in Employment Act (ADEA) and/or the Americans with Disabilities Act (ADA), and alleged claims filed pursuant to Section 451.001 et seq. of the Texas Labor Code.

Immigration Law

immigration lawThe Firm handles transactional matters and litigation concerning immigration and related matters, including but not limited to: employment- based petitions (I-140) and family-based petitions (I-130), including permanent residency, adjustment of status proceedings, consular processing, employment authorization, employee verifications, family unity issues, fiance(e) visas, Freedom of Information Act requests, H-1B visas, labor certification (PERM), naturalization, outstanding researcher-professor visas, removal of conditions, Deferred Action for Childhood Arrivals (DACA) and waivers.  The firm also handles I-9 compliance and audits.  For more information, please visit www.tylerimmigrationlawyers.com or download our info card here: Flowers Davis Immigration Law Info.

Insurance Defense

The Insurance Defense Attorneys at Flowers Davis are active in defending both third party and first party claims for a number of major insurance carriers. From our Tyler and Longview offices, we have active litigation files involving property and casualty, automobile and trucking liability, premises liability, commercial liability, general liability and builder’s risk liability. We also provide direct representation of insurance carriers in first party litigation and we provide carriers with coverage opinions.

Intellectual Property

Flowers Davis is proud to offer representation by a registered USPTO attorney to inventors, entrepreneurs and others seeking to protect their intellectual property.

Our Patent Prosecutor:

  • Conducts patentability analyses to determine if your invention, process or design is indeed patentable
  • Prepares, drafts and files patent applications
  • Negotiates with and responds to office actions from the U.S. Patent and Trademark Office
  • Conducts patent reviews and appeals before the USPTO
  • Prepares and files appeals with the Patent Trial and Appeal Board (PTAB) and with the Federal Circuit Court of Appeals
  • Develops Patent Portfolio Management Plans, which help businesses protect their R&D efforts, bolster their market position, generate revenue from licensing agreements and create barriers to competition
  • Protects clients against copyists and competitors by filing Comprehensive Design Patents, which complement utility patents by protecting names or symbols (trademarks), original works of authorship (copyrights) and inventions (patents)

Flowers Davis also has a team of experienced litigators ready to defend your patent, trademark or copyright should the need arise. We handle patent infringement litigation and we have extensive experience practicing before the Federal courts. Our attorneys have served as local and trial counsel for numerous infringement cases pending before the United States Court for the Eastern District of Texas and each of its divisions.

Medical Liability

Flowers Davis is active in medical liability litigation. Our clients come from a wide range of practice areas and include both physicians and their professional associations. Our Medical Malpractice Attorneys understand what is at stake for our clients and the impact a malpractice claim can have, not only from a business standpoint, but from personal and professional standpoints as well. When we defend against medical malpractice claims, we thoroughly investigate and evaluate every case, review all relevant medical records, locate well-qualified expert witnesses and make effective use of deposition testimony.

Based out of Tyler, Texas the Flowers Davis Medical Malpractice team also works with physicians and their staffs to review areas such as record keeping, surgical consent procedures, and the like in order to identify and correct problem areas before a lawsuit occurs.

Oil & Gas Litigation

Oil & Gas Litigation

Oil and gas disputes are complex and may be governed by state tort law, real estate law, and a range of other acts, laws and regulations, depending on location and other factors. The firm’s Oil and Gas Litigation section handles disputes involving minerals, lease rights, and JOAs. Led by Celia C. Flowers, who is triple-Board Certified by the Texas Board of Legal Specialization in the areas of Civil Litigation, Real Estate Law and Oil, Gas and Mineral Law, the Oil and Gas Litigators at Flowers Davis are experienced at litigating matters including royalty disputes, contract disputes, injunctions, and surface damage claims. Based out of Tyler, Texas, members of the team also address matters related to right of way acquisition, including condemnation for pipeline companies, power companies and cities.

Our clients have included:

  • Major oil and gas companies
  • Pipeline companies
  • Service providers and contractors
  • Owners of oil and gas interests
  • Landowners

 

Oil & Gas Title Opinions

oil and gas lawThe Flowers Davis team of Oil and Gas Title Attorneys provide original, division order and drilling title opinions in an efficient and expedient manner. From our offices in Tyler, Texas, we work closely with field and in-house landmen to prepare oil and gas title opinions for onshore properties in Texas, Louisiana and Pennsylvania, determining existing ownership in surface rights, mineral rights, royalty rights and oil and gas leasehold rights.  We also provide title examination services in support of financing transactions and acquisitions, providing detailed information on encumbrances that could affect the financing, acquisition or development of a property.

Several of our oil and gas attorneys have prior landman experience which gives them a practical working knowledge of the oil and gas business.  Partner Celia C. Flowers is a frequent speaker at landman association events and has taught numerous AAPL-accredited courses for RL, RPL and CPL certification.  She has also taught numerous Texas State Bar-accredited courses for attorneys in the areas of oil, gas energy, and real property.

Professional Liability

Civil Litigation

The Professional Liability Attorneys at Flowers Davis are experienced at all aspects of professional liability defense.  Our Tyler, Texas-based attorneys are skilled at handling the confidential and sensitive issues that arise with an Errors and Omissions (E&O) claim and we understand the impact such a case can have on the professional’s ongoing practice.  Our clients come from a wide range of professions, including attorneys and insurance companies. 

Quick and successful disposition is our goal, so we work hard to investigate claims quickly.  Early evaluation is key, and we seek quick resolution or go to trial, depending upon the needs and desires of our clients.

Real Estate Law

real estate law 2.1The Real Estate Law Attorneys at Flowers Davis handle transactional matters concerning real estate and related industries.

Our Real Estate Law practice involves routine document preparation, real estate closings, analysis of title defects and title curative. We work closely with local and out-of-area banks and title companies to ensure real estate transactions are consummated in a timely and professional manner. Additionally, we prepare governing documents for homeowners’ associations, including but not limited to restrictive covenants, bylaws and articles of incorporation, and we assist associations with amendments to those documents. Our attorneys also represent both landlords and tenants with lease preparation.

The Real Estate Law Section, operating out of our Tyler and Longview offices, is spearheaded by Partner Celia C. Flowers, who is Triple Board Certified by the Texas Board of Legal Specialization in the areas of Real Estate Law, Oil & Gas Law, and Civil Litigation. Celia owns title companies in the East Texas area and is a frequent speaker and trainer certified in Realtor MCE and Attorney CLE courses in the areas of real estate and oil and gas matters.

Real Estate Litigation

real estate litigation

Property ownership is often one of the largest investments people make in life, and as such, disputes can arise that result in litigation.  Whether the property owner is an experienced investor or corporation, or a first-time homeowner, protecting the value of and rights to that property is critical. Issues can range from disputes in transactions and development to conflicts among co-owners or between landlords and tenants. The high stakes can rapidly escalate a simple contractual dispute to threats of lawsuits, liens, foreclosures and injunctions, often overshadowing more practical solutions.

Flowers Davis Real Estate Litigators are adept at seeking remedies out of court when a properly-worded letter or well-timed phone call will be more effective than suing for damages or injunctive relief.  We have also met client objectives through mediation and negotiation. At the same time, we have a successful track record of prosecuting and defending property owners, investors, developers, builders, homeowner’s associations, landlords and tenants in a broad range of real estate-related conflicts, including:

  • Real estate sale contract disputes; disputes involving claims of breach of contract, breach of warranty, misrepresentation and Deceptive Trade Practices Act (DTPA) claims
  • Disputes arising under purchase and sale agreements, option agreements, development agreements, and land use laws and regulations
  • Disputes relating to real estate brokers and agents involving their legal and fiduciary duties
  • Disputes between landowners and general contractors, subcontractors and related liens
  • Title disputes: easements, boundary lines, adverse possession, quiet title, trespass, nuisance and other title disputes and actions
  • Litigation involving premises liability and damages to land
  • Litigation over mineral interests and leases, oil and gas purchase and sale agreements, assignments, farm-outs, joint operating agreements, and royalties
  • Receivership actions
  • Business agreement disputes, workouts, foreclosures, trustee’s sales, collection, deficiency actions, and bankruptcy including motions for relief from stay
  • Commercial and residential lease disputes, landlord-tenant, liens and eviction proceedings
  • Homeowner’s Association disputes related to covenants, conditions, and restrictions
  • Interpretation and litigation involving the construction and enforcement of POA documents
  • Eminent domain, condemnation hearings and trials in state and federal courts
  • Valuation disputes and partition proceedings
  • Subsurface rights and disputes relating to water and minerals
  • Forcible Entry & Detainer Suits to assist lenders in obtaining possession of foreclosed property when previous owners fail to vacate the premises

The Flowers Davis Real Estate Litigation Section, operating out of our Tyler office, is spearheaded by Partner Celia C. Flowers, who is Triple Board Certified by the Texas Board of Legal Specialization in the areas of Real Estate Law, Oil & Gas Law, and Civil Litigation. Celia owns title companies in the East Texas area and is a frequent speaker and trainer certified in Realtor MCE and Attorney CLE courses in the areas of real estate and oil and gas matters.

Transactions, Acquisitions & Development

transactions acquisitions & DevelopmentClosely related to Flowers Davis’ real estate and corporate practices is our transactional business practice.  Our Transactions, Acquisitions & Development Attorneys have negotiated, drafted and successfully completed acquisitions, mergers, joint ventures, sales and development transactions.  Many transactions involve complex financial analysis, due diligence activities, and environmental concerns. We have completed oil and gas acquisitions, business sales and real estate asset based transactions over a broad spectrum of businesses.  Practicing attorneys are based out of Tyler and Longview, Texas.