Forum selection clauses are a critical yet often overlooked element in contracts and terms of service agreements. These provisions dictate where disputes must be litigated, offering predictability for businesses and, at times, strategic advantage. Here’s what you need to know about how they work, why companies use them, and the controversies they can raise. Defining […]
Author: Philip Silberman
The Legal Loopholes Behind ‘0 Calorie’ Products
From sugary bread to calorie-free cooking sprays, American food labeling is riddled with loopholes that can mislead even the most health-conscious consumers. Despite efforts by the FDA to make food labels more transparent, manufacturers still find creative ways to hide added sugars and disguise caloric content. This post explores how these loopholes work, the relevant […]
Don’t Try to Negotiate These Contracts
In a world where contracts govern everything from cell phone plans to home construction, it’s natural to assume that all agreements can be negotiated. But some contracts due to their scale, nature, or legal structure are effectively non-negotiable. Understanding when negotiation is futile can save you time, money, and frustration. Here’s a look at the […]
What the Law Says About Your DIY Business Agreement
When friends or family team up on a small business idea; like flipping a house or opening a storefront, they often try to cut corners with a simple “one-pager” agreement. It seems practical: why pay a lawyer when you can write it out yourselves? Unfortunately, Texas law doesn’t take a casual approach to business arrangements. […]
Do Texas Businesses Pay State Tax? Here’s What You Need to Know
One of the most common questions new and prospective business owners ask is whether Texas imposes a state tax on business entities. The short answer is yes, but the Texas franchise tax is structured to be incredibly business friendly. In fact, most small entities owe nothing at all. However, knowing what must be filed and […]
The Hidden Trap in Your Moving Contract: What Movers Don’t Tell You
When you’re planning a big move, hiring professional movers might seem like a no-brainer. But did you know that buried in the fine print of your moving contract could be a loophole that leaves you with only pennies on the dollar for damaged or lost belongings? This loophole is not only legal, it has been […]
What is an Amicus Curiae Brief?
When high-stakes cases reach the appellate level, particularly in the U.S. Supreme Court, the courtroom drama extends beyond the direct parties involved. Enter the amicus curiae brief—Latin for “friend of the court.” These briefs, often filed by individuals, organizations, or governments not directly involved in the lawsuit play a pivotal role in shaping judicial reasoning. […]
Why Blended Families and Second Marriages Make Estate Planning Crucial in Texas
Having a will is always a good idea. But if you have children from a previous relationship, a will is not just helpful — it is essential. Without one, Texas law will decide how your assets are divided after your death, and the outcome is often far from what families expect or want. This issue […]
When HOA Power Goes Too Far: The Legal Headaches Homeowners Face
Many homeowners’ associations (HOAs) are supposed to help maintain community standards and property values. But for many Texans, HOA’s represent frustration, inflated costs, and legal overreach. Homeowners often feel powerless once they enter a dispute. This post explores why HOA’s generate so much resentment and what legal frameworks make these problems so difficult to fight. […]
Why Operating Agreements Are Important in Texas
Starting a business with a friend or partner often begins with enthusiasm and trust. But as experienced Texas business attorneys, we frequently see that those good intentions can quickly unravel if there’s no clear, written understanding of how the business will be run or how it will end. That’s where a well-drafted Operating Agreement becomes […]