Dallas Business Attorney: Post-Judgment Collection!
The first question that all of my clients ask after receiving a final judgment is, “when do I get my money?” Unfortunately, it rarely, if ever happens that the judgment debtor will accept the loss, whip out his or her checkbook and write a check for the entire judgment amount. Therefore, after a judgment is […]
Dallas Business Attorney: Setting the Course for Your Business Exit
Dallas Business Attorney: Setting the Course for Your Business Exit In order to grow a successful business venture it is important to have a solid business plan. In order to have a solid business plan, it is necessary to have an exit strategy that covers the Four D’s: Death, Disability, Divorce and Departure. In the […]
Dallas Business Attorney: The History of Labor Day
Every year around this same time all my family and friends began discussing what the plans are for the long Labor Day weekend, which always includes barbecuing, relaxing by the pool, or last but not least, spending the entire weekend watching college football. However, few of us know the history of the “American Worker’s Holiday.” […]
Texas Business Attorney: Loser Pays!
Texas Business Attorney: 2011 Tort Reform: Loser Pay takes effect September 1, 2011 In Rick Perry’s state of the union address back in February, he called for sweeping tort reform, most notably the “loser pays” component. He also addressed the need to have early dismissal for obviously frivolous lawsuits, expeditions of trial and limited discovery. […]
Texas Business Lawyer: Appeal’s Court Sides With States, Not President Obama Over Health Insurance Debate
The 11th Circuit of Appeals ruled today that the individual mandate in the health care overhaul package that requires all Americans to carry health insurance or face penalties is unconstitutional. Initially, 26 states filed suit to block the health care package, claiming the entire package was unconstitutional; while the Justice Department claimed the law falls […]
Texas Business Attorney: “FOOTBALL’S BACK!!”
I dusted off my Cowboys jersey on Monday after NFL Commissioner Roger Goodell announced that the NFL lockout was finally over after the owners and players agreed to a new collective bargaining agreement (the “agreement”). A collective bargaining agreement functions as a labor contract between an employer and union(s). Collective bargaining agreements regulate working conditions […]
Supreme Court Rejects Class Action in Wal-Mart Sex Discrimination Suit
In a 5-4 vote, the U.S. Supreme Court ruled in favor of Wal-Mart Monday when it rejected a class action suit brought by 1.5 million female employees of Wal-Mart. The court said that there was not enough commonality among each case of discrimination, pointing to the fact that Wal-Mart left most pay and promotion decisions […]
Caution: Workplace Retaliation on the Rise!
Last year, the Equal Employment Opportunity Commission (“EEOC”) received 36,258 charges for retaliation, thereby surpassing all other discrimination complaints, including race and sex discrimination, to become the number one filed charge with the EEOC. This sharp increase of complaints is due in part to the broad scope of federal and state retaliation laws. To […]
Starting a Texas Business: Entity Selection!
One of the greatest concerns when starting a business is what type of entity to select. In Texas, there are several types of entities to choose from, and understanding which is best for your particular needs can seem overwhelming. All business entities have their pros and cons. Therefore, it is important to evaluate the specific […]
Enforceability of Non-Compete Agreements: Fact or Fiction?
Contrary to popular belief, non-compete agreements are generally enforceable in Texas. However, the non-competes have to be narrowly tailored to hold up in a courtroom. Specifically, the scope of the agreement has to be limited to: 1) a particular geographic area and 2) a limited amount of time. Texas courts have stated that two to […]
