Plenty of people in businesses that hire sales associates deal with a compensation arrangement. Typically, when a salesperson is responsible for a sale, some percentage of the value of the sale is payable to the salesperson directly as a way to incentivize effective selling practices and reward salespeople in proportion to how much they benefit […]
Category: Business Law
Intellectual Property License Infringement vs Breach of Contract
An Intellectual Property License allows an innovator, the licensor, to protect and capitalize on that intellectual property. It allows another party, the licensee, to use that IP, which may take such forms as trade secrets, operational knowledge, registered designs, or proprietary information. Ideally, the relationship is complementary; the licensor profits by allowing the licensee to […]
Fiduciary Duties are Not Created in Most Contracts
Many people rely upon the services of professionals to carry out work or perform a task for them that they may not have the know-how or resources to do themselves. You may believe that, in general, this creates a relationship between you and your professional service provider that requires them to keep your best interests […]
Stark Law in Texas
Named after Congressman Pete Stark, the Stark Law amended the Social Security Act to limit a referring physician’s ability to refer Medicare and Medicaid patients in ways that benefit the physician. Also known as a self-referral law, it was enacted to fight healthcare fraud and abuse by decreasing the opportunity for a physician to receive […]
Licensing Intellectual Property in Texas
Historically, the United States has placed high value on protecting a person’s original work, going all the way back to when George Washington signed into law the Copyright Act of 1790. The first work registered under the copyright law was a spelling book written by John Barry. Today, Intellectual Property takes many forms, such as […]
Corporate Dissolution in Texas
Just as there are good reasons and specific procedures for creating a corporation in Texas, there are good reasons and specific procedures for dissolving corporations as well. Whether it’s due to retirement, a falling out with business partners, or financial issues, corporate dissolution is sometimes the best option. However, failing to follow state requirements to […]
Corporate Reorganization in Texas
When business owners create a corporation, they try to anticipate for future growth. Despite those efforts, however, the corporation may need to reorganize in order to increase profits, client base, efficiency, and/or funding. The goal of reorganizing is to lay a stronger foundation for future success. Generally, reorganization only happens when businesses encounter serious issues, […]
Civil Conspiracy in Texas
Texas courts acknowledge that two or more people may conspire against another and, in the process, cause damage to that person. If someone can prove that he or she has suffered damages as a result of others’ collusion, that person may file a lawsuit on the basis of civil conspiracy. Elements of Civil Conspiracy In […]
New Regulations for Food Delivery Services in Texas
When the pandemic hit, more people than ever before turned to third-party food delivery services as restaurants closed and people hesitated to go out. Services such as DoorDash and GrubHub quickly found business booming. However, restaurants and customers began to complain about some of their practices. In response to these complaints, a new Texas bill, […]
Assumed Names in Texas
For any number of reasons, an individual or corporation may do business under an assumed name, also known as a DBA (Doing Business As). According to SOSDirect, “By filing an assumed name certificate, you are notifying the public that a particular business entity intends to conduct business under a name other than its legal name. […]