Tag: Texas Business Consulting

Texas Partnerships – Rights to Third Parties & Apparent Authority

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What exactly is a “partnership” under the laws of the State of Texas?  As a starting point, a PARTNERSHIP may arise when two or more individuals become associated in a common venture for the purpose of making money.  This association of individuals would NOT be a partnership if appropriate documents are signed which provide that the joint owners instead intended to create a different business structure – like a Corporation or a Limited Liability Corporation (LLC).   Basically, in the absence of any documentation to the contrary, two or more associated individuals may be considered partners in the eyes of the law.  Since the individuals are considered Partners in the business venture, they each have the ability to legally bind the business venture and the other Partner (or Partners).  Since the individuals are considered[…]

Non-Compete Agreements – Balancing Act for Employers and Employees

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A battle between Capital One and two of its former senior executives brings us “new” insight into the thorny issue of NON COMPETE AGREEMENTS and their enforceability.  As a Texas  employment law practitioner, I am sometimes faced with clients who have determined that their fully signed Non Compete Agreement cannot be enforceable based on the advice of friends and family in other states.  If they acted on that advice without checking further, these same clients may be bringing us a letter from their former employer stating that they are in violation of that Non Compete Agreement.  The Agreement may contain several restrictions for the former employee – including such categories as non-competition restrictions,  non-interference provisions, confidentiality provisions, protection of trade secret provisions and non-solicitation provisions  (with respect[…]

Business Emergencies – How to Plan for the Unexpected

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As a business owner, I really need to look at it as a wake up call for what Mother Nature can really throw our way.  Business owners owe it themselves, their customers and their employees to develop a solid plan to handle natural and man-made disasters.  Disaster Planning is not something just for big businesses and the local municipality.  Small and mid-size business owners and sole proprietorships need to develop a Disaster Plan as well.  There are some excellent websites available to help business owners learn how to develop an Emergency Preparedness Plan, how to implement and test the Plan and how to keep the Plan current as time passes. For information Business Owners can use in developing an individualized Disaster Preparedness Plan for their own[…]