Appellate
A case does not always end with a verdict, a court's judgment or a trial
judge's ruling. The appellate process is often an important step in protecting
a client's right to a correct outcome. Trial lawyers, both within and without
the firm, and clients often call upon Underwood Perkins' Appellate section when
they want to protect a favorable outcome or overturn adverse judgments and
rulings on appeal. Our appellate attorneys have appeared in most of the
Texas Courts of Appeals, in the United States Court of Appeals for the
Third, Fifth and Eighth Circuits and in the Texas and United States Supreme Courts.
Our firm's appellate attorneys have experience in mandamus proceedings,
appeal from summary judgments and dispositive motions, appeals from grants
or denials of injunctions as well as traditional appeals from final judgments.
The firm assists clients in a variety of ways, from handling appeals in cases
conducted by the firm and by outside counsel, to consulting with litigators on
discovery issues, motions, jury instructions and post-trial motions. This section
also consults during trial in order to protect the appellate record and
preserve issues for appeal. At Underwood Perkins, our attorneys are comfortable
with whatever role best suits the client's needs; ranging from working with
outside trial counsel to direct representation to multi-team representation.
The goal of the firm's Appellate section is to deliver quality representation
cost effectively and especially to preserve success.
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- Blount, Charles W. III
Blount, Charles W. III More ...
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- Cronin, Val C.
Cronin, Val C. More ...
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- Hurwitz, Brandon L.
Hurwitz, Brandon L.More ...
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- Ratzlaff, Amy K.
Ratzlaff, Amy K. More ...
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- Underwood, William J., Jr.
Underwood, William J., Jr. More ...
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Business Enterprises and Securities
Underwood Perkins' Corporate section serves clients ranging from sole proprietorships to
multi-million dollar corporations in a full range of international and domestic business
transactions. Our
business attorneys counsel clients at every stage of development and growth on issues in the
following areas: selection and organization of business entity structures; capitalization of
business entities; corporate governance matters, including compliance with the Sarbanes-Oxley
Act; executive compensation and employment matters.
Additionally, our business attorneys can assist in the negotiation and preparation of
contracts, such as: Licenses, Distribution agreements, Buy-sell agreements, Ownership
transfer documents, Confidentiality agreements, Covenants not to compete, and Supply
and construction agreements. Commercial representation includes negotiable instruments,
secured transactions and letters of credit. This section also counsels clients seeking
to raise capital through the private placement of their securities and represents
clients in enforcement proceedings brought by federal and/or state agencies and others.
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- Blount, Charles W. III
Blount, Charles W. III More ...
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- Cronin, Val C.
Cronin, Val C. More ...
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- Hurwitz, Brandon L.
Hurwitz, Brandon L. More ...
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- Ratzlaff, Amy K.
Ratzlaff, Amy K. More ...
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- Underwood, William J., Jr.
Underwood, William J., Jr. More ...
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Commercial Finance, Lending and Banking
Underwood Perkins' Commercial Finance and Lending attorneys have considerable experience in
the areas of secured transactions, asset-based lending, borrowing and creditor's rights.
Clients who need representation in this area should inquire about the firm's experience
with these issues. Our attorneys represent various financial institutions, including
banks and their subsidiaries, finance companies, factors and other lenders in all phases
of the finance industry, including: Complex acquisitions, Dispositions, Restructuring,
Workouts, Reorganizations, and Liquidations.
Secured transactions involve understanding the debtor's need for financing, the types
of assets that can be used as collateral, how to structure the documents so that
the bank or other
lender is fully protected in the event that the loan becomes troublesome and how to represent
the lender in that event, whether through foreclosure proceedings, workouts with the debtor
or representing the lender in bankruptcy proceedings. In addition, it is important to know the
Uniform Commercial Code sections on secured transactions, including perfecting interests in
various types of collateral, priorities among various creditors, and the Texas Property Code
in connection with the various liens, exemptions and foreclosure procedures.
Our attorneys at Underwood Perkins also represent financial institutions and bank holding
companies in bank-to-bank debt workouts and bank-to-bank acquisitions.
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Creditors' Rights and Bankruptcy
Underwood Perkins' Creditors' Rights and Bankruptcy practice is business oriented,
highly varied and national in scope.
Our firm represents clients in all types of matters and on both sides of the debtor/creditor
equation. Asset sales, avoidance actions, renegotiation and restructuring of problem loans,
DIP lending, repossessions and foreclosures, acquisition and disposition of performing and
non-performing loans as well as REO assets, claims litigation and duties of officers and
directors in times of insolvency also lie within the framework of the firm's practice.
Our attorneys have extensive experience representing lenders in collection litigation
and post-judgment enforcement as well.
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Divorce and Family Law
Often times, divorce and other family law matters rank as one of the most difficult
experiences in a person's life. In addition to turmoil and friction at home, clients
face the complicated process of going through a divorce and not knowing what to expect.
Tempers flare, expectations aren't met, and all the while, relationships end with children
often caught in the middle.
At Underwood Perkins, our goal is to help you navigate the stressful process of a family
law matter. We provide a wide range of services to clients, including a staff with more than
40 years of combined experience in the family law field and state-of-the-art technology for
case management. Because costs are always important, we aim to provide the most cost
effective service possible. Our family law attorneys are
dedicated to diligent and competent representation, which means the most effective service
for you and your family. Our staff strives to be both compassionate and resilient,
making sure your interests are put first.
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- Underwood, William J., Jr.
Underwood, William J., Jr. More ...
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- Cronin, Val C.
Cronin, Val C. More ...
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- Mueller, Paulette
Mueller, Paulette More ...
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- Wald, Michael H.
Wald, Michael H. More ...
Estate Planning
Underwood Perkins' Estate Planning section assists families and business owners in creating
and preserving wealth, in part to pass that wealth on to future generations. In helping our
clients achieve these goals, our attorneys advise them on estate and tax planning,
including the areas of wealth preservation, multi-generational tax and estate
planning, asset protection, business succession planning, charitable and related legal matters.
Our knowledgeable estate planning attorneys have a wide variety of experience and ability to
employ basic and sophisticated estate planning techniques such as: Basic Estate Planning
Documents, Wills and Revocable Living Trust, Financial and Health Care Powers of Attorney,
Physicians Directives (Living Wills), Asset Protection Vehicles, Family Limited Partnerships,
Family Limited Liability Companies, Pre-Marital Agreements, Partition and Community
Property Agreements, Buy-Sell Agreements Trust, Vehicles and Generation Skipping, Tax
Trusts, Irrevocable Life Insurance Trusts, Dynasty Trusts, Intentionally Defective Grantor
Trusts, Grantor Retained Annuity Trusts, Qualified Personal Residence Trusts, Charitable
Planning, Vehicles, Private Charitable Foundations, Charitable Remainder Trusts, Charitable
Lead Trusts.
Beginning in 2018, Tax Cuts and Jobs Act (TCJA) makes monumental changes to estate and gift
tax planning. Historically, each of us could transfer, during our lifetimes or at death,
between $1 million and $5.49 million (Exemption Amount) of property free from estate and gift tax.
For estates of decedents dying and gifts made in 2018 through December 31, 2025, this Exemption
Amount has doubled. The current Exemption Amount is $11.2 million for individuals and $22.4
million for married couples. Since much of the estate tax planning that has been done in the
past 20 years involved planning for a much lower Exemption Amount, estate plans had to be
more complicated, involving multiple trusts and stringent requirements to limit possible
estate and gift taxes. Now some of this complication is no longer necessary. After TCJA,
think about reviewing your current estate planning documents. Can they be simplified or made
more user friendly With TCJA, now everyone can re-focus estate planning to meet their personal
goals and objectives.
If you have questions or would like more information regarding TCJA, or any other estate
planning matters, please contact us at
info@underwoodperkins.com
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Barrett-Cuetara, Richard Barrett-Cuetara, Richard More ...
Hospitality Industry
Our representation in the hospitality industry includes experience in complex hotel matters, including
partnership disputes, hotel occupancy tax (HOT) disputes with governmental entities, municipal ordinance
and regulatory disputes, CMBS litigaiton, lender liability litigation, purchase sale agreements and
franchise, license, asset management and hotel management agreements.
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Intellectual Property
Underwood Perkins' Intellectual Property section is experienced and knowledgeable in all
areas of Intellectual Property law. The section regularly represents clients in matters
related to copyright, patent and trademark litigation, including matters before the Trademark
Trial and Appeal Board. The section also represents clients in all aspects of intellectual
property registration, licensing and development, including handling negotiations in
merchandising, branding and advertising deals.
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Labor and Employment
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- Blount, Charles W. III
Blount, Charles W. III More ...
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- Cronin, Val C.
Cronin, Val C. More ...
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- Garelick, Scott M.
Garelick, Scott M. More ...
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- Hurwitz, Brandon L.
Hurwitz, Brandon L. More ...
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- Ratzlaff, Amy K.
Ratzlaff, Amy K. More ...
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- Stoinoff, P. Theodore II
Stoinoff, P. Theodore II More ...
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- Underwood, William J., Jr.
Underwood, William J., Jr. More ...
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Labor and Employment
Underwood Perkins counsels businesses and executives in their relationships with each other
and with their employees. Our attorneys provide services to navigate the extensive state and
federal statutes regulating these relationships. With its full range of services, and
tough, aggressive and practical representation, we can provide services comparable to much
larger firms at more affordable rates. Our labor and employment attorneys have in excess of
100 years of experience in this area and are often called upon to provide our business
clients throughout the area, state and nation with advice in their employment relationships,
helping to resolve workplace disputes of all kinds.
Employee Relations
Underwood Perkins works with businesses and executives to provide the framework necessary
for successful employment relationships. Our attorneys can answer day-to-day employment
questions, advise on the hiring, evaluation, discipline and termination of employees, draft
agreements impacting the employment relationship, including Employment Contracts,
Executive Contracts, Arbitration Agreements, Confidentiality Agreements, Noncompetition
Agreements, Employee Handbooks and Policies and Procedures, and counsel and assist
employers faced with labor organizing activities.
Risk Management
Underwood Perkins' keeps businesses on top of the law and manages their risk by helping
implement and apply effective policies and procedures to avoid liability. Underwood Perkins'
attorneys can advise employers on new employment issues, audit existing employment
policies, procedures and practices for compliance, update policies, procedures and practices,
provide assistance in complying with federal immigration statutes and policies, and provide
training to implement the proper policies, procedures and practices.
Workplace Injuries
Underwood Perkins has unique expertise to advise businesses that opt out of the Texas
Workers Compensation Act to become nonsubscribers. Our attorneys are active in TXANS, the
Texas Association of [Responsible] Nonsubscribers, and have extensive experience representing
nonsubscribers in litigation. Our attorneys can counsel employers regarding the viability
of workers' compensation in Texas, advise companies whether non-subscribing is appropriate
for their business, draft ERISA plans for non-subscribers to provide occupational injury
benefits, and advise and represent employers on workplace injury issues under OSHA before
the Occupational Safety and Health Review Commission.
Litigation Defense
In the event a workplace dispute goes to an administrative agency, trial or arbitration,
Underwood Perkins works with employers to defend these cases vigorously and effectively.
Underwood Perkins can defend in court or arbitration, employment claims of all kinds,
including statutory employment, tort, contract and wrongful discharge claims, represent
companies before the various governmental administrative agencies, including the following:
EEOC, OSHA, NLRB, Department of Labor, Office of Federal Contractor Compliance, Texas
Workforce Commission, and defend employee grievances.
Underwood Perkins' Labor and Employment attorneys strive to provide counseling,
representation and defense to allow companies to continue to conduct their business.
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- Annello, Kimberly D.
Annello, Kimberly D. More ...
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- Barrett-Cuetara, Richard
Barrett-Cuetara, Richard More ...
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- Campbell, David L.
Campbell, David L. More ...
- Garelick, Scott M.
Garelick, Scott M. More ...
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- Minter, Darrell
Minter, Darrell More ...
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- Perkins, Timothy S.
Perkins, Timothy S. More ...
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- Stoinoff, P. Theodore II
Stoinoff, P. Theodore II More ...
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Litigation
Underwood Perkins' Litigation section consists of trial and appellate attorneys who represent
clients on a state, regional and national basis throughout the entire scope of the litigation
process. Beginning with clients' first notice of potential liability exposure, our attorneys
guide them through the process of negotiating, mediating, arbitrating, litigating, appealing
and settling numerous kinds of civil disputes. As a result, our attorneys have appeared
before a variety of administrative agencies, state courts and federal courts in Texas and
throughout other parts of the country in the capacity as both trial and appellate counsel.
The firm also recognizes that success in the courtroom depends on the attorney's knowledge
of the underlying subject matter at issue, as well as the attorney's legal abilities.
Consequently, the firm has assembled a team of attorneys who possess in-depth knowledge
of the industries in which their clients are involved and the fields in which their
clients litigate.
Industries and fields in which the attorneys practice include:
Commercial business litigation, including business entity disputes, Collection litigation,
Banking litigation and Real estate litigation; Construction; Employee injury plans and the
defense of non-subscribing employers in cases arising out of on-the-job
injuries; Employment matters, including Title VII, EEOC, ADA, FMLA, ADEA and FLSA disputes;
Intellectual Property; Medical malpractice and health care provider liability;
Personal Injury; Premises liability and Transportation liability.
Many firms have attorneys with experience in the courtroom. Underwood Perkins goes
a step beyond with attorneys who have experience in the courtroom and in the very fields in
which their clients' operations are conducted.
The firm's litigation philosophy is simple:
Know the Law, Know the Industry, Know Success.
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Mergers and Acquisitions
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- Blount, Charles W. III
Blount, Charles W. III More ...
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- Cronin, Val C.
Cronin, Val C. More ...
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- Ratzlaff, Amy K.
Ratzlaff, Amy K. More ...
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- Underwood, William J., Jr.
Underwood, William J., Jr. More ...
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Mergers and Acquisitions
Underwood Perkins' Mergers and Acquisitions practice encompasses virtually every form of
corporate transaction, including Mergers, Purchases and Sales of Assets, Purchase and Sales
of Securities, and Change of Control Events such as Tender Offers and Proxy Contests. Our
attorneys furnish assistance with reorganizations, due diligence and document review and
drafting, acquisition and disposition of assets, recapitalizations, and spin-offs and roll-ups.
Our multi-disciplinary expertise includes identification of potential purchasers and target
companies, tax planning, intellectual property, real estate, employee benefits and
consultation services. Representation may begin as early as the strategic planning sessions,
and our firm can also assist in or conduct negotiations with the selling or acquiring parties,
as needed.
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Oil, Gas, and Natural Resources
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Oil, Gas, and Natural Resources
Underwood Perkins' Oil, Gas and Natural Resources attorneys represent both operators and
mineral interest holders in all phases of the oil and gas industry. This includes counsel in
all phases of exploration, completion and production. Our oil and gas attorneys also
negotiate with lenders to establish credit facility and related agreements used to finance
energy deals.
At Underwood Perkins, experienced oil and gas attorneys provide title opinions, lease reviews,
operating agreements and compliance documentation necessary to enable the "upstream" flow of
all Oil and Gas revenues. The firm understands the dynamics of both unconventional plays and
traditional resource recovery. Urban area drilling, specialized conveyances, issues concerning
non-participating royalty interest owners, assignments, farmouts and surface owner rights are
particular "hot button" issues where our oil and gas attorneys can serve both operators and
mineral interest owners to maximize their potential in the deal structure.
Our trial attorneys also represent operators and mineral interest owners in disputes involving gas
supply contracts, gas transmission contracts, pipeline easements, well damage claims, disputes
under drilling contracts, lease termination claims, failure to reasonably develop claims, royalty
accounting claims, disputes under operating agreements, change of operator disputes, well and
reservoir damage claims, bad faith pooling, title disputes, adverse possession, and surface and
sub-surface trespass. Areas of specialization include: Land Services and Negotiations,
Lease Negotiations, Deed Conveyances, Title Opinions and Standup Examinations, Joint
Operating Agreements, Royalty Owner Rights, Surface Use Issues, Farmouts, Energy Finance, Railroad
Commission Issues, Texas and Louisiana Operation Agreements, Welbore and Workover Issues,
and Drilling Contracts.
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Probate and Guardianship
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Probate and Guardianship
Underwood Perkins handles all aspects of the probate of estates and assists executors,
administrators and trustees in estate and trust administration. Attorneys of the Probate
section are frequently appointed by the court to act as administrators and guardians.
Underwood Perkins also has an active probate litigation practice, litigating contested
beneficiary and heirship rights, assisting creditors in claims against estates,
establishing guardianships for minors and adults and assisting in mental illness determinations.
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- Blount, Charles W. III
Blount, Charles W. III More ...
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- Cronin, Val C.
Cronin, Val C. More ...
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- Hurwitz, Brandon L.
Hurwitz, Brandon L. More ...
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- Ratzlaff, Amy K.
Ratzlaff, Amy K. More ...
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- Underwood, William J., Jr.
Underwood, William J., Jr. More ...
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Professional Practices
Underwood Perkins' Professional Practices section provides a full range of legal services to
meet the specialized needs of clients in the growing health care, dental and veterinary
professions. Attorneys in this section counsel individual physicians, dentists, veterinarians,
and other health care professionals, quasi-governmental authorities, and professional entities
and associations.
Our attorneys are experienced in many aspects of professional practice, including the
following areas: representing clients in hearings before administrative agencies, assistance
in complying with state and federal regulations, employment agreements and related issues,
and practice organization and development of health care facilities. Our Professional
Practices section also provides legal services related to growing practices, succession
planning, and practice purchases and sales. Additionally, our attorneys assist newly
licensed professionals in establishing their practices as independent practitioners,
as part of a group and/or as facility-based practitioners.
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- Barrett-Cuetara, Richard
Barrett-Cuetara, Richard More ...
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- Hurwitz, Brandon L.
Hurwitz, Brandon L. More ...
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- Ratzlaff, Amy K.
Ratzlaff, Amy K. More ...
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- Underwood, William J., Jr.
Underwood, William J., Jr. More ...
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Real Estate
Underwood Perkins documents, structures and negotiates deals in all aspects of real
estate transactions and finance, including Buying, Selling, Developing, Operating,
Leasing, Capitalizing, Syndicating, Mechanics and Material Men's Liens, and Financing
Real Estate Projects. We also perform due diligence reviews of all facets of real estate
transactions, such as Titles, Leases, Environmental Obligations and other factors
affecting valuation.
Our clients include lenders and borrowers, landlords and tenants, commercial and
residential developers, owners and contractors, corporations, investors, management
companies and real estate brokers. Our attorneys can structure even the most complex real
estate transactions. We also regularly assist clients in resolving related matters such
as real estate litigation, evictions, environmental contamination, loan workouts and
debt restructuring, including foreclosures and disposition of problem assets, as well as
preparing and filing effective liens to protect contractors and/or subs.
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Taxation and Tax Litigation
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Taxation and Tax Litigation
A full range of tax planning and consultation services, including litigation of contested
tax matters, is provided for the clients of Underwood Perkins. Specific areas of
representation include corporate reorganizations and liquidations, corporate acquisitions
and mergers, partnership tax matters, tax opinions and analyses in conjunction with
securities offerings, and individual tax planning.
The estate planning services provided by Underwood Perkins include the analysis of estate
and gift tax considerations, the drafting of wills, creation of inter-vivos and testamentary
trusts, creation of family limited liability companies and limited partnerships, and the
structuring of comprehensive asset protection strategies and business succession plans.
Also see Estate Planning section.
A client's taxation issues do not stop at the federal tax level. If the need arises,
Underwood Perkins' taxation group is prepared to assist with Property and Commercial
Personal Property filings and disputes. The group also provides representation and
consultation concerning state sales and margin tax.
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