Recent Firm Accomplishments

Our attorneys and legal team have recently achieved significant results across a wide range of practice areas, including litigation, real estate, probate, estate planning, business transactions, intellectual property, family law, and more.

Commercial & Civil Litigation

• Richard Simmons and Madison Moody were admitted pro hac vice to assist a client with commercial litigation in Delaware.
• Richard Simmons represented a client in a hearing for protection of documents against overbroad requests in a commercial dispute.
• Madison Moody successfully argued a Motion to Transfer Venue in Harris County Justice Court.
• Defeated a temporary injunction against a HOA and got the individual board members dismissed from the lawsuit.
• Madison Moody defeated a temporary injunction against a HOA and got the individual board members dismissed from the lawsuit.
• Resolved an out of state default judgment against a client, negotiating a settlement beneficial to the client.
• Janina Wojtkowski resolved an out of state default judgment against a client, negotiating a settlement beneficial to the client.
• Obtained a summary judgment throwing out a plaintiff’s claims of failure to disclose under a TREC disclosure and got an award for the attorney’s fees.
• Janina Wojtkowski obtained a summary judgment throwing out a plaintiff’s claims of failure to disclose under a TREC disclosure and got an award for the attorney’s fees to defend.
• Resolved a construction payment claim for a mechanical subcontractor who was not paid by the general contractor, obtaining a plan for the GC to pay the amounts due.
• RAS and MAR successfully defeated a claim for attorney’s fees requested in a declaratory judgment action regarding an easement dispute.
• Janina Wojtkowski obtained a summary judgment dismissing a family restaurant from a dram shop case (claim of over-serving a minor), showing that the restaurant was not liable because it maintained proper procedures.
• Janina Wojtkowski successfully defended in a real estate case centered on misrepresentation of seller’s disclosure and subsequently defeated the plaintiff’s Motion for New Trial, ensuring the favorable original ruling was upheld and bringing the matter to a final conclusion at the trial court level.
• Richard Simmons assisted client in resolving a payment dispute with a former client through mediation.

Real Estate & Property

• Heather Benzenhoefer successfully negotiated and closed on a sale of a commercial property.
• Heather Benzenhoefer closed a sale of real property.
• Kimberly Bartley drafted a seller finance package for the sale of real property.
• Real Estate: Prepared real estate documents which required a new survey of the property to be transferred.
• Janina Wojtkowski resolved clients’ property boundary dispute involving an encroaching neighbor by securing a court order affirming the clients’ property line and halting the neighbor’s unlawful encroachment.
• Obtained a judgment clearing title after a trust inadvertently transferred a house it did not own to a beneficiary, and recovered attorney’s fees for the title error.
• Montana Cortez obtained a judgment clearing title after a trust inadvertently transferred a house it did not own to a beneficiary, and recovered attorney’s fees for the title error.
• Kimberly Bartley negotiated a sale of an airplane hangar.

Business & Corporate Transactions

• Kimberly Bartley closed on an asset purchase of a clinical research business.
• Marc Schneider set up new LLC to own business property.
• Kimberly Bartley formed new entity to own and develop new RV park.
• Kimberly A. Bartley negotiated and facilitated purchase of gymnastics facility.
• Kimberly A. Bartley prepared Employer of Record agreement for new staffing company.
• Madison Moody successfully completed six figure sale of local air conditioning business on behalf of client.
• Heather Benzenhoefer negotiated terms of commercial lease.
• Madison Moody successfully negotiated commercial lease extension agreement on behalf of a thriving local dentist practice.
• Kimberly A. Bartley negotiated modified terms for Software as Service Agreement to extend client’s current provider agreement.

Probate & Estate Administration

• Probate: Awarded attorney’s fees in a Dependent Administration Probate case.
• Probate: Successfully negotiated and settled Client’s contested Probate Case.
• Probate Law: Successfully obtained an order transferring a Creditor’s Claim from Justice of the Peace Court to Probate Court.
• Probate: Successfully had client appointed as a Dependent Administrator in a probate contest despite objection of opposing party.
• Mark Rubal and Janina Wojtkowski defeated a motion to appoint an auditor in a probate matter.

Estate Planning & Trusts

• Heather Benzenhoefer finalized a revocable trust.
• Heather Benzenhoefer worked with multiple universities to draft and finalize documents required to establish perpetual endowments.
• Marc Schneider completed the transfer of 2 lots owned by multiple parties into an Irrevocable Trust.
• Marc Schneider completed Will packages for husband and wife with testamentary trusts.
• Estate Planning: Prepared a Transfer on Death Deed transferring property to surviving spouse upon passing with alternate beneficiaries to minimize the necessity of probate.
• Kimberly A. Bartley prepared updated estate plans to address special needs beneficiaries.
• Kimberly Bartley prepared a will, power of attorney, and living will for a critically ill client.

Family Law

• Family Law: Successfully negotiated and settled a client’s divorce involving property dispute.
• Family Law: Successfully obtain Temporary Orders granting Maternal Grandparents custody of their grandchild with parents having supervised visitation.
• Montana Cortez successfully negotiated and prepared a premarital agreement for parties’ execution.

Bankruptcy

• Kimberly Bartley filed a Chapter 11 bankruptcy for a retail shop.

Trademarks, Intellectual Property & Nonprofit

• Heather Benzenhoefer obtained trademark registration.
• Heather Benzenhoefer obtained a trademark registration for the name and slogan of a local business.
• Heather Benzenhoefer assisted client with obtaining trademark registration for multiple trademarks.
• Heather Benzenhoefer filed required maintenance documents for existing trademarks.
• Heather Benzenhoefer maintained existing trademark registrations with the USPTO.
• Heather Benzenhoefer obtained 501(c)(3) tax exempt status for non-profit organization.

Criminal Defense & Personal Injury

• Mark Rubal obtained a dismissal on a theft case in Harris County.
• Mark Rubal obtained dismissal of assault case in Harris County.
• Mark Rubal obtained a dismissal on a criminal misdemeanor assault case in Harris County.
• Mark Rubal settled Slip and Fall Personal Injury Claim.

Thought Leadership & Professional Involvement

• Richard Simmons was a speaker on a national panel for trusts dealing with collection issues and bankruptcy.