Practice Areas

Civil Litigation & Appellate Practice

The firm is a full service litigation firm with vast experience in all types of complex business litigation including

  • Commercial disputes
  • Contract interpretation and resolution
  • Antitrust
  • Intellectual Property
  • Employment
  • Energy and energy related disputes
  • Securities and corporate governance issues

To these tasks the firm brings trial lawyers with a variety of experience. More importantly, the firm has an appreciation of the complexity and cost of litigation, and the disruptive affect it has on its clients, and factors these issues into its representation. By its direct and ‘lean’ approach, the firm is often able to handle these complex matters using alternative billing methods or at hourly rates substantially lower than most firms offering the level experience we can offer.

Business Law and Governance

The firm represents all types of businesses and their individual owners in numerous matters where the need for legal support arises. In doing so, we are always cognizant that our client has entrusted the firm with navigating through the entanglements of the law to the desired outcome. We appreciate that confidence is hard earned and we respect the need to continually reaffirm it. We are involved in all types of business-related issues, including:

  • Navigating the complexity of business organization issues
  • Planning and executing at all stages of business creation and growth
  • Providing good counsel to assure sound corporate governance (bylaws, minutes, resolutions and corporate compliance)
  • Offering a full line of legal services to companies for acquisitions and divestitures
  • Counseling and setting up appropriate noncompetition and employment agreements
  • Working at all stages of mergers and acquisitions, dissolutions and related activity.
  • Managing compliance and protection in all types of intellectual property matters including trademark and copyright registrations and defense, and a variety of ancillary matters.

Banking and Secured Transactions

The firm represents lenders and borrowers cost effectively in all aspects of banking. For banking clients, our substantial legal and practical experience enhances our understanding of their specialized needs. We offer go-to work for every type of transaction and need, always with the appreciation that service and loyalty are the heart of the attorney-client relationship. For our private clients, we provide banking knowledge that the individual or firm we are representing needs , thus allowing them to understand and be comfortable with the transaction while they focus on their personal or business operations. Among our services we:

  • Provide due diligence at all stages of sophisticated lending transactions
  • Offer extensive lien search capability
  • Understand and are adept at all levels of secured credit facilities
  • Appreciate the added complexity of real estate loans
  • Develop and document notes for revolving lines and term notes and syndicated facilities
  • Manage the entire legal needs for factoring operations (purchase of accounts receivable)
  • Lead negotiation and consummation of complex workout agreements

Health Law

The firm has an extensive, physician oriented health law practice and provides counsel on all issues related to the needs of health-care professionals. The firm is regularly sought out to:

  • Advise on physician contracting arrangements and health care joint ventures.
  • Provide advice and implement regulatory compliance programs arising under anti-kickback laws, the Stark Law, the False Claims Act; confidentiality laws; HIPAA and all new regulatory issues as they are implemented.
  • Advise entities and individuals in the planning and structuring of health care transactions through due diligence and contract negotiation.
  • Manage adversarial matters for Health Law clients

The firm also provides labor and employment advice to its healthcare clients. By having a thorough understanding of the heavily regulated industry, the firm is able to provide employment counseling while taking into consideration the special needs of each healthcare client.

Estate Planning & Probate - Elder Law

The firm serves individuals of varying net worth with their estate planning needs, appreciating the importance of all types of wealth management in the complex world of probate and estates. The firm also deals with Elder Law issues, particularly as that arena grows in complexity. Offering a full line of service, the firm

  • Works with the client in the preparation of wills and trusts
  • Offers estate tax planning
  • Counsels on issues related to asset protection, charitable giving and guardianship
  • Works to assist families with distinct elder care planning and protection needs, including adult guardianships, special needs trusts and planning, powers of attorney and healthcare directives
  • Navigates clients through all types of probate and heir-ship proceedings, including will contests, and probate avoidance.
  • Partners regularly with the client’s CPA or financial planner to assemble the best estate plan to meet individual needs

Labor & Employment

The firm also has experience in the area of employee issues, including adversarial actions. This increasingly complex area spans from counseling to compliance to litigation and represents an area where most clients need active and regular assistance. The firm:

  • assists businesses with how to hire and fire employees without getting sued
  • represents business in the structuring of complex and executive level retention agreements
  • counsels executive level employees on their employment agreements and severance packages.
  • Assembles requisite HR documentation
  • Develops and implement s employment compliance processes
  • Navigate through all types TWC and EEOC hearings

Real Estate - Construction

The firm offers a full-service real estate practice aimed at all parties to these transactions, as well as all issues that can arise in this arena. Working with investors, purchasers, sellers and lenders in all phases of analysis, acquisition, securitization and sale of real estate, the firm:

  • Documents all aspects of the transaction
  • Represents parties in all aspects of complex leasing matters, including negotiation, documentation and dispute issues
  • Counsels brokers and agents on various issues, including dispute resolution.
  • Assists developers, builders and contractors, as well as lenders and property owners, with transactional requirements, lien management and construction lending and litigation.
Additionally, the firm houses the Texas Real Estate Mediation Center, to assist parties with resolution of their particular real estate dispute.

Intellectual Property Rights

As the world of intellectual property rights grows more complex, the firm has developed dual expertise on both the compliance side and the protections side. It’s goal is to both to give value to intellectual property and to prevent IP issues from inhibiting the success of its clients. Working with its clients, the firm

  • Obtains federal and/or state trademark registration and copyright registration
  • Enforces these rights through enforcement and/or defense of trademarks and copyrights in the federal courts and through take down notices for copyright violations under the Digital Millennium Copyright Act.
  • Prepares confidentiality, non-compete and/or non-disclosure agreements to assist clients in preserving their intellectual property as trade secrets.
  • Prosecutes and defend intellectual property litigation

Personal Injury Law

The firm represents both plaintiffs and defendants in pursuing damages for personal injury related matters, including medical malpractice, premise liability and vehicle crashes.

Governmental Entities Practice

In addition to serving as the City Attorney for Shenandoah, TX in Southern Montgomery County, the firm has handled a myriad of litigation cases related to disputes with and on behalf of governmental entities in the area. And because some of the firm members have been active politically in their communities, the firm brings a unique perspective to the needs of elected officials and the communities they serve.

Bankruptcy

The firm helps clients not only with their personal needs should bankruptcy be a solution, but we fully understand the business issues wrapped up in Bankruptcy such as

  • Preferences
  • Fraudulent Conveyances
  • Protection of assets
  • Determination of solvency
  • Dealing with automatic stays
  • Contract issues

Dispute Resolution

Because of the experience level of the senior lawyers in the firm, O’Donnell, Ferebee & Frazer attorneys are regularly asked to assist in various forms of dispute resolution, including roles as both mediators and arbitrators, in all types of litigation. Specifically, attorneys for the firm have been assigned as arbitrators in complex oil & gas litigation and as mediators in securities matters and other complex cases.

Our Location

TWO HUGHES LANDING
1790 Hughes Landing Blvd Suite 550
The Woodlands, Texas 77380
Telephone: 281-875-8200
Telecopier: 281-875-4962
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