In Texas, the assumption of risk doctrine applies when someone willingly engages in activities knowing there are inherent risks involved. This legal concept often comes into play in personal injury cases, where participants in risky activities accept that injuries might occur. What is Assumption of Risk? Assumption of risk means that a person is aware […]
Category: Business Law
Common Myths About Nonprofits and How to Form One
There’s a common misconception that starting a nonprofit is a fast track to financial stability and wealth. Many people mistakenly believe that by creating a nonprofit organization, they can generate income without paying taxes. However, the reality is far from this myth. Nonprofits are specifically formed for purposes such as operating charitable, religious, educational, or […]
How False Advertising is Regulated in Texas
False advertising is a serious concern that can mislead consumers and create unfair market conditions. In Texas, this issue is addressed primarily through the Deceptive Trade Practices Act (DTPA) and the oversight of the Texas Attorney General. Here’s an in-depth look at how false advertising is regulated in Texas. Deceptive Trade Practices Act (DTPA) The […]
The Global Landscape of Defamation Law
In the United States, truth serves as an absolute defense in defamation cases. This means that if a statement made about someone is true, it cannot be considered defamatory, regardless of its impact on the person’s reputation. This principle is grounded in the First Amendment, which protects free speech and the press. As such, individuals […]
Enforcement of Security Interests in Texas: Remedies and Procedures
The enforcement of security interests is a critical aspect of commercial transactions, providing secured parties with the confidence that they can reclaim their collateral in the event of debtor default. The Uniform Commercial Code (UCC), particularly Article 9, outlines the remedies available to secured parties and the procedures they must follow. In Texas, the enforcement […]
Navigating the Junk Fee Prevention Act
In recent years, “junk fees” have become a pervasive issue affecting consumers across various industries. These hidden or deceptive fees are often added to the cost of goods and services, leading to unexpected expenses for consumers. To address this, the Biden administration has proposed the Junk Fee Prevention Act, aimed at curbing these unfair practices. […]
A Guide For Buying and Selling Small Businesses in Texas
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. […]
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 […]