Geoffrey Berg Included In 31ˢᵗ Edition Of The Best Lawyers In America®

Geoffrey Berg has been included in the 31ˢᵗ Edition of the The Best Lawyers in America® for Commercial Litigation. For over 40 years, Best Lawyers® has been esteemed by both legal professionals and the public as a premier benchmark for legal integrity and distinction in the United States. Consequently, being recognized by Best Lawyers® is a […]

Long-Term Disability Insurance vs Short-Term Disability Insurance Explained

Disability insurance provides financial security and peace of mind to those looking for additional protection if they can no longer work due to an injury or disabling illness. Americans suffer chronic and debilitating illnesses more and more every year. These injuries and ailments can dramatically impact a person’s ability to work. Thus, many workers have […]

Fiduciary Duty to Shareholders Explained

The directors of a corporation owe shareholders a fiduciary duty to act in their best interests. This duty allows shareholders to safely and securely finance a corporation and its business goals while ensuring their capital investment is safe. With a prescribed fiduciary duty, shareholders would be more likely to engage in this commercial activity, providing […]

The Mental Health Parity Act Explained And Why It Matters

Mental illness affects a significant number of Americans, and many of them are not able to get the treatment they need. Even when health plans cover mental health benefits, they can be harder to access and less comprehensive than other types of health benefits. The Mental Health Parity Act (MHPA) of 1996 was the original […]

What Happens When There is a Conflict of Interest in Business

Business partnerships are not unlike marriages, with individuals relying on each other to make the best decisions for everyone involved. After all, there is something that gets noticed in someone who is chosen as a business partner. But business relationships, like any other, can grow sour, forcing those involved to evaluate and make changes. Taking […]

What Happens if You Break a Non-Compete

Working in some Texas industries can involve handling proprietary information or ground-breaking research, which employers need to protect. One of the ways they do this is by having employees sign non-compete agreements to prevent workers from sharing their secrets with other companies. These contracts are usually part of your standard employment agreement, but what impact […]

What To Do If a Life Insurance Policy Claim Is Denied

Life insurance is usually purchased to make sure a beneficiary has some financial means if the policyholder should die. Life insurance contracts promise to pay a beneficiary in a timely manner upon proof of death and compliance with policy terms and conditions. However, because insurance companies would rather not pay out any more than is […]

Insurance Denials for Proton Therapy Treatment for Cancer Patients

Many patients who are receiving treatment for cancer may pursue proton therapy. This recent development in radiation therapy uses protons instead of X-rays. Since X-rays are known to put patients at risk of additional illnesses, proton therapy is extremely promising with fewer side effects. However, the availability of this treatment is limited to only a […]

Business Owners Guide to Business Email Compromise (BEC Scams) and Bank Liability [2023]

Prepare to be shocked: there is a lot of crime on the internet. One of the most rapidly growing is Business Email Compromise (BEC). According to the FBI, relying only on complaints it received, BEC losses in 2022 alone totaled $2.4 billion. How much has this crime increased just since 2015? Abnormal Security created this […]

What is Material Breach of Contract in Texas?

Materiality is a crucial legal standard in contract breaches. While every breach of contract could entitle you to recover financial compensation, if the breach causes you damages, a material breach could relieve you of your own obligation to perform under the terms of the contract. This article will cover: What is a Material Breach of […]

What Happens When Dissolving a Partnership

Not all partnerships end the way business owners want, so it is important to know what happens when dissolving a partnership. Even if your relationship with your partner(s) has proceeded smoothly for most of your partnership’s existence, there may come a time when the partnership has outlived its purpose or circumstances have significantly change. In […]

How To Handle Disputes In A 50-50 Partnership

Agreeing to a 50/50 partnership begins with the best of intentions – everyone is excited, looking forward to a long, prosperous future together. But with each partner having equal control and decision-making power lie the seeds of a future war of attrition. Relationships that begin harmoniously can and frequently do deteriorate over time when each […]

What Happens When a Company Uses My Ideas and Intellectual Property Without Permission?

You have to be vigilant about enforcing your intellectual property rights. Nobody else will take action on your behalf. In the meantime, you could be losing a considerable amount of money if you do nothing. Not only should you closely monitor what someone may be doing with your intellectual property, but you should not hesitate […]

Are Non-Compete Agreements Enforceable in Texas?

Many employees must sign non-compete agreements with their employer as a condition of their employment. Despite the Biden Administration’s stated intent to ban these agreements, and the Federal Trade Commission’s proposed rule doing so, many workers are still subject to the terms of these agreements within their employment contracts. The answer to whether or not […]

Commercial Litigation Review

Mr. Raval, a Partner with Berg Plummer Johnson & Raval Law Firm, is the “Absolute” very best in class. Mr. Raval represented and won my/our case against a Top Oil Company in America. After filing suit, a month later we settled. I encourage “All” who need the “best professional representation” in an LTD issue to […]

Health Insurance Litigation Client Review

Mr. Raval was the first attorney I found in a web search. Three other attorneys I spoke with as well recommended him. So, we first encountered his excellence among his peers. We hired him to represent my wife against an LTD (long term disability) claim denial. He convinced the insurance company to reverse its decision […]

Update on Federal Efforts to Ban Discretionary Clauses in all ERISA Cases

Mental Health Matters Act Advances to Senate In May, the Employee and Retiree Access to Justice Act (H.R. 7740) was introduced in the U.S. House of Representatives. The bill seeks to ban discretionary clauses in all employer-sponsored benefit plans governed by ERISA. If passed, this federal ban on discretionary clauses would return ERISA cases to […]

Why Government Plans Are Exempt From ERISA

If you have been denied benefits provided through an employer-sponsored plan, your claim will generally fall under the Employee Retirement Income Security Act (ERISA). ERISA is a federal law that governs most employee benefit plans. While ERISA was originally enacted to safeguard employees’ retirement and pension benefits, its reach and scope has been expanded over the years. […]

Congress Considers Total Ban on Discretionary Clauses in ERISA Plans

Earlier this month, the Employee and Retiree Access to Justice Act (H.R. 7740) was introduced in the U.S. House of Representatives. A companion bill was also introduced in the Senate as S. 4219. The bill seeks to ban discretionary clauses in all employer-sponsored benefit plans governed by ERISA. If passed, this federal ban on discretionary […]

Prudential’s Long Term Disability Denial Overturned by Texas Federal Judge

At Berg Plummer & Johnson, LLP we often deal with long term disability claim denials. We are pleased to report the good news for our client, Kristy Midkiff, where we served as local counsel alongside Terry Coleman. The case of Midkiff v. Prudential is a study in some of the twists and turns a long term disability […]

Health Insurance Claim Denials: Aetna Doesn’t Review Medical Records

Recently, in a California insurance lawsuit involving the wrongful denial of health insurance benefits to a 19-year old claimant suffering from a rare immune-system disorder, a former medical director at Aetna (the defendant health insurer) admitted under oath to having never reviewed patient medical records when determining whether to deny health insurance claims. The testimony […]