When it comes to buying or selling a small business in Texas, many find themselves unsure of the process and the legal requirements involved. Whether you are purchasing or selling, understanding the distinctions between asset sales and entity sales, as well as the implications of each, is crucial for a smooth transaction. Understanding Asset vs. […]
Category: Business Law
Understanding the Elements of Defamation in Texas
Defamation laws in Texas are designed to protect individuals from false statements that harm their reputation. Understanding these laws is crucial, whether you’re a business owner, a public figure, or an individual navigating the complexities of modern communication platforms such as social media. Key Elements of Defamation in Texas To establish a case for defamation […]
Are Salary Reductions Legal in Texas?
In Texas, employers are generally allowed to reduce an employee’s salary, provided that the reduction does not breach any contractual agreements and is not based on discriminatory reasons. If an employer reduces a salary due to the employee’s race, gender, or other protected characteristic, such action would constitute illegal discrimination under federal and state laws. […]
Understanding Non-Compete Agreements in Texas
Texas is often celebrated as a “right to work” state, a term frequently misunderstood and misapplied, especially in discussions about non-compete agreements in employment contracts. Many Texans mistakenly believe that non-competes are invalid in Texas, but this is not the case. What Does “Right to Work” Really Mean? In Texas, “right to work” refers to […]
Paying Compensation in Exchange for Confidentiality
In today’s discourse, the term “hush money” often carries a sensational undertone, highlighted in numerous high-profile instances, including allegations involving public figures like former President, Donald Trump. However, beyond the headlines, it’s crucial to understand the legal foundations and acceptability of paying for confidentiality in many professional and personal contexts. The Legality of Confidential Payments […]
How Texas Lawyers Manage Client Funds
In the realm of lawyers, the management of client funds is governed by strict regulations to ensure integrity and trust in the attorney-client relationship. In Texas, the Interest on Lawyers Trust Accounts (IOLTA) program plays a critical role in this process. What is an IOLTA? An IOLTA is a special type of trust account for […]
Are Verbal Contracts Binding in Texas?
Verbal contracts are often confusing because of a mixture of myth and misunderstanding. In Texas, the answer to whether these agreements are binding isn’t a simple yes or no answer. It’s a nuanced journey through the state’s laws, particularly the Statute of Frauds. At its core, Texas law does recognize verbal contracts as binding, with […]
The Legality of Recording Conversations in Texas: One-Party Consent Explained
In the heart of Texas, the rules around recording conversations hinge on the principle of one-party consent. This means that as long as one participant in the conversation consents to the recording, it is legally permissible. Embedded within the Texas Penal Code § 16.02, this law offers a clear-cut approach to recording conversations, emphasizing the […]
Executive Compensation Regulation in Texas
The recent controversy surrounding Elon Musk’s compensation package, which was invalidated by a Delaware judge, has cast a spotlight on the intricate world of executive compensation. This high-profile case serves as a compelling entry point into the broader discussion on how Texas corporations can navigate the complexities of structuring executive compensation packages. While Tesla’s situation […]
The Applicability of Personal Guarantees in Texas
A personal guarantee is a legal undertaking by an individual (the guarantor) to repay a loan given to a business if the business itself fails to repay. This commitment is commonly requested by lenders when a business does not have sufficient credit history or assets to secure a loan. Personal guarantees are governed by state […]