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This article notes that transacting with a vendor creates a special subset of problems given their ability to damage your business's brand or reputation. A common solution to this problem involves negative incentive clauses; this article makes...
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As this article explains, although money finders and business brokers can be tempting ways to find capital for your business, using their services carelessly can hurt your business and its value. The article details some of the penalties...
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When you incorporate your business, what corporate form should you incorporate as? This article provides several financial considerations which should inform your choice of entity; these considerations include accounting preferences, your...
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Either sending or receiving a letter threatening legal action presents ample opportunities for mistakes on your end--and, as this article explains, these are the types of mistakes which an experienced attorney can help you avoid. This article...
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This article calls attention to a change applicable to many American taxpayers this year as a result of the Foreign Account Tax Compliance Act (FACTA). The article explains when FACTA compels a taxpayer to report foreign assets, which foreign...
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Classifying your workers as independent contractors confers a number of real benefits to your small business, but can come back to haunt you at an inopportune time if the IRS determines that you should have classified those workers as...
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If a former employee breaches a non-compete agreement, or otherwise violates a contract, what remedies do you have? This article reviews the remedies available in such a situation, with a focus on what is available under Texas...
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This article reviews the elements necessary to prove in a tortious interference (with either a contract or a prospective business relationship) under Texas Law. The article explains how scenarios giving rise to tortious interference causes of...
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Proper aligning of incentives for both the buyer and the seller are major points of negotiation in sales or purchases of businesses. This article touches on one common method of doing this: earn-out clauses. The article explains how...
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This article explains how the Uniform Domain Name Dispute Resolution Policy (commonly known as UDRP) can help you recover a domain name being used by someone else which infringes on one of your trademarks. The article sets forth the three...
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Real estate investors buy insurance on their properties to ensure that they are financially protected should the worst happen. However, as this article explains, even a property which seems fully insured may have hidden, uninsured...
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Trademark infringement issues and cybersquatters both can sully brands into which you have put a lot of time, effort, and (therefore) money. Given the increasing importance of the internet to businesses of all stripes, these are becoming more...
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One ground for rejection of a trademark application is likelihood of confusion of the mark being registered with another mark which is already registered. This article explains the basic test used to determine if that likelihood of confusion...
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Due diligence is an important part of the process of purchasing a business. This article explains what some of the buyer's goals are in conducting due diligence. It also explains how properly-gathered due diligence can help you identify...
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Proper formation of a business, and proper documentation surrounding that formation, are both crucial steps in realizing a return on the time and effort you put into helping your business grow. This article highlights some of the considerations...
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Small businesses need contracts; whether leases, employment contracts with key personnel, deals with important suppliers or customers, or anything else, contracts enable your business to have legal recourse should key relationships go awry. ...
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Commercial leases are not subject to the exact same bargaining power inequalities present in residential leases, but they are still subject to certain statutory protections for both the landlord and the tenant. This article highlights two such...
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This article highlights how an attorney can help your tech startup in several areas, both related to employment and IP development. The article focuses on how your attorney can help you implement non-disclosure agreements which protect your...
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If either you or your business sue a party for breaching a contract with you, one of the first thing a court will try to determine (and an initial defense of your opponent's) might be that no legally enforceable contract was ever formed. This...
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One franchising risk about which a good business attorney will counsel their franchisee-to-be client is the risk of the franchisor taking actions to compete (either directly or indirectly) with the franchisee's business. This article examines...
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A franchise agreement governs the relationship between a franchisee and a franchisor. As such, it will contain the terms of the ongoing business relationship between the two. This article reviews one aspect of that relationship: ...
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When you make a significant purchase, prudence dictates that you carefully study what you are buying. For example, many people have mechanics inspect used cars to reduce the chances that they are buying a lemon. Due diligence in the...
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There are several trade-offs involved in selling your company, and navigating those tradeoffs optimally is necessary for you to realize the best return from the sale of your business. This article explains some of the considerations necessary...
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Businesses which aren't incorporated in Texas need to follow certain procedures to be able to do business in Texas. This article highlights how such corporations (which are called "foreign") can acquire the ability to do business in Texas, and...
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A key part of planning your estate involves minimizing your taxes. There are many estate planning tools which can help you do this, and an irrevocable life insurance trust, which this article recommends, is one such tool. This article...
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This article explains how a lawyer with a deep understanding of legal issues commonly faced by startups in Texas can add value to your prospective business. It also explains how the choice of business entity which you make when you form your...
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James Blake explains why a contract to which your business is a party might not hold up if challenged in court, and highlights why having a lawyer experienced in your jurisdiction's contract law is a good idea for your small business.
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James Blake highlights statistics which show the type of value a skilled lawyer can add to your efforts to protect your business's brand.
- Summary by FizzLaw Team
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James Blake explains why franchisees and franchisors need someone who understand both intellectual property law and franchise law when setting up their business arrangement. As Mr. Blake notes, a franchising transaction some kind of...
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This article explains why Open Source Software (OSS) can be an effective software business model, and also highlights how to structure the OSS licenses to best generate a revenue stream.
- Summary by FizzLaw Team
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James Blake notes that businesses commonly pay too much for services they receive, or even for services which they don't really need. He recommends that businesses analyze their existing contracts, so that they can determine which services are...
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Earn-out agreements are used when one company acquires another, and make the final purchase price depend on the performance of the acquired company after the transaction. As James Blake explains, in this economy, with a general fear of risk,...
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James Blake looks at two common intellectual property issues which immediately confront a startup. First, when choosing your name, you need to be careful to avoid infringing a trademark held by another business. Second, when choosing your...
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When you tip your waiter or bartender, it's common knowledge that those tips often go into a pool which is shared rather than directly to the person you tip. However, as James Blake explains, when you are the owner of a restaurant or bar,...
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As James Blake notes, small business owners are often so wrapped up in the operational aspects of their business that they fail to consider what will happen to those businesses when they die. Mr. Blake recommends that business owners plan their...
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As James Blake explains in this blog post, construction contracts are subject to special rules at both the federal and, at least in Texas, state levels. The contractor must make certain disclosures to avoid penalties such as fines or, in some...
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Websites which allow users to generate content are rife with copyright concerns. With this in mind, the Digiftal Millennium Copyright Act ("DMCA") created a safe harbor for "online service providers" which protects these providers if users...
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Entrepreneurs and small business owners can be either landlords or tenants. In this blog post, James Blake reveiws the rights both landlords and tenants have to the security deposit under Texas law.
- Summary by FizzLaw Team