First Admitted: 2006, Texas

Professional Webpage: https://www.smglawgroup.com/attorneys.html

Bar / Professional Activity:

Texas Bar College - Fellow (2017-Present), 2017
South Texas College of Law Houston - Adjunct Professor (Real Estate Transactions), 2016
South Texas College of Law Houston - Adjunct Professor (Real Estate Transactions), 2015
Corporate Compliance Center - Best Practices Survey Steering Committee Member, 2007
Houston Bar Association - Member of: Real Estate Section; Mergers & Acquisitions Section; Construction Law Section; Oil, Gas, and Mineral Law Section
Texas Bar College - Member (2008-Present)
Texas Board of Legal Specialization - Paralegal Real Estate Certification Commission Member (2012-2018)
State Bar of Texas - Member of: Real Estate, Probate, and Trust Law Section; Business Law Section; Construction Law Section; Oil, Gas, and Energy Resources Law Section; Computer & Technology Section; Corporate Counsel Section
Corporate Counsel Section, State Bar of Texas - Articles Editor, Corporate Counsel Review (2005-2006)

Scholarly Lectures / Writings:

Board Certified in Commercial Real Estate Law by the Texas Board of Legal Specialization (Re-certified), 2021
Board Certified in Commercial Real Estate Law by the Texas Board of Legal Specialization (Re-certified), 2016
Board Certified in Commercial Real Estate Law by the Texas Board of Legal Specialization, 2011

Pro bono / Community Service:

Board Member, Afton Village Swim Club (2014-2021)
President, Whispering Pines Homeowners Association (2014-2016)

Honors:

Recognized in Real Estate Law, The Best Lawyers in America®, 2024
Rated "Superb", Superb, Avvo
Named a Top Lawyer, Top Lawyers, Houstonia Magazine, 2020
Named a Top Lawyer, Top Lawyers, Houstonia Magazine, 2019
Named a Top Lawyer, Top Lawyers, Houstonia Magazine, 2018
Named a Top Lawyer, Top Lawyers, Houstonia Magazine, 2017
Named a Top Lawyer, Top Lawyers, Houstonia Magazine, 2016
Named a Top Lawyer, Top Lawyers, Houstonia Magazine, 2015
Named one of Houston's Top Lawyers, Houston's Top Lawyers, HTexas Magazine, 2015
Named a Top Lawyer, Top Lawyers, Houstonia Magazine, 2014
Named one of Houston's Top Lawyers, Houston's Top Lawyers, HTexas Magazine, 2014
Named a Top Lawyer, Top Lawyers, Houstonia Magazine, 2013
Named one of Houston's Top Lawyers, Houston's Top Lawyers, HTexas Magazine, 2013
Named a Professional on the Fast Track, Professionals on the Fast Track, HTexas Magazine, 2009

Educational Background:

South Texas College of Law, Doctor of Jurisprudence. Awards and Honors: Dean's List (Fall 2005 and Spring 2006); Winner, Gallagher, Lewis & Kim Mock Trial Tournament (2005); Dean's Merit Scholarship, 2006
University of Texas at Austin, B.S., Communication Studies. Business Foundations minor; Texas Advertising Group, 2003

Scholarly Lectures / Writings:

A discussion on the ethical and practical consequences when closing the law practice of a solo practitioner., Co-presenter, Dealing with the Death of a Solo Practitioner, Solos Supporting Solos, 2013
In 2006, the Texas Legislature passed the first version of its successor to the Texas franchise tax, commonly referred to as the margin tax. Becoming effective on January 1, 2008, the margin tax will come as a surprise to many entities which previously avoided taxation under the franchise tax regime. Although touted as simpler version of its predecessor, the margin tax contains several traps for real estate clients that may not be apparent from a casual reading of the statute., Author, Changing the Way Your Dirt Is Taxed: Texas Margin Tax Pitfalls for Real Estate Practitioners, Social Sciences Research Network, Real Estate, 2010
The GNU General Public License, one of the most popular licenses for software, allows distributors of software under the GPL fees only for the physical transfer of software. Much of the literature by its creator, Richard Stallman, however, indicates that there need not be any relationship between the actual costs experienced by the distributor and the amount of money that the distributor labels a distribution fee. With the definition of a distribution fee in question, this article proposes a multiple prong test to determine what a distribution fee requires to be permissible under the GPL. To do this, many areas of law are reviewed and applied analogously. The test focuses on several characteristics of a GPL distribution fee, including its relationship to the costs that a distributor experiences, the injunctive relief available to a distributor and the perpetual nature of a fee. The goal of the test is to provide courts and distributors a thorough but simple and practical means of ensuring compliance with the terms of the GPL., Author, GNU GPL Distribution Fees and their Limitations, Social Sciences Research Network, Software, 2006
The United States Supreme Court's two-pronged affirmative defense for employers against employees' workplace harassment claims initially provided little guidance about employer best practices but subsequent case law has demonstrated measures that employers can implement to receive the protections of the defense. This article examines recent judicial interpretation of corporate practices to determine which are most effective or persuasive for courts. This article argues that an effective anti-harassment policy contains a denouncement of harassment, a reporting procedure, and protections of confidentiality and from retaliation. The implementation of this policy must extend beyond a simple employee handbook to workplace posters and employee training. Likewise, a complaint procedure must extend beyond merely reporting to a supervisor. Once a complaint is registered, the investigation must be conducted diligently and a harasser should be removed from the workplace either by transfer or termination., Author, Title VII Affirmative Defense in the Real World: Recent Application of Ellerth/Faragher and What They Require, Social Sciences Research Network, 2006
A study of a recent case where a company failed to implement a 'litigation hold' on document destruction when it entered litigation, and the consequences of such failure., Author, Forget Something? No Litigation Hold Means Big Sanctions, State Bar of Texas Corporate Counsel Section Newsletter, 2006
This paper is a study of a case in which a federal appeals court determined that a hostile work environment claim under Title VII could be pursued where the acts were not facially related to sex or gender. The court established that hostile acts are not necessarily those that contain sexual or gender-specific content and that a discriminatory intent is not required. Where one gender is treated more adversely, a claim can exist, and the court focused on the disparity in treatment, not the content of the hostility., Author, Hostile Work Environments Aren't Just For Sexual Harassment Anymore, State Bar of Texas Corporate Counsel Section Newsletter, 2006
This paper looks at Aspen Advisors LLC v. United Artists Theatre Company, wherein the Delaware Supreme Court analyzed the implied covenant of good faith in warrants and breaches in warrant anti-destruction clauses., Author, Minority Warrant Holders, Anti-Destruction Clauses, and When There is a Covenant of Good Faith, Social Sciences Research Network, 2005

Industry Groups:

Energy
Manufacturing
Real Estate
Technology

Benjamin P. Miller

Benjamin P. Miller

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