Businesses of all sizes in many different industries have faced countless struggles in 2024 alone. Despite this, it’s imperative that business owners remain aware of potential conflicts that could arise and hurt or derail operations even further. Having a good understanding of the several different types of business torts that could arise and what they […]
Partnerships are common in the world of business and can have a powerful impact on bringing a company to life. Sharing responsibilities in a company can capitalize on the areas of expertise each individual partner has, and strengthen an organization as a whole. However, like many aspects of life, there are also drawbacks to operating […]
Businesses measure value in a myriad of different ways. Client retention, return on investment (ROI), and sales can all be deemed valuable to business owners. Different facets of intellectual property provide incredible value to companies in many different ways. Understanding just how valuable intellectual property is can help business owners protect themselves and their operations […]
When a contract is breached, the injured party has a number of legal remedies available to them. These remedies attempt to restore the injured party to the position they would have been in if the contract had been fulfilled. Remedies can range from simple monetary compensation, to the court ordering the breaching party to fulfill […]
For business fraud cases, companies have four years to bring a claim, according to the Texas Civil Practice and Remedies Code 16.004(a)(4). This may seem like a long time, but preparing a case can take several months to years. Those who commit fraud likely have done everything they can to cover their tracks and make […]
Ending a Limited Liability Corporation (LLC) can happen for a variety of reasons. Life can take a new direction, unexpected events like illness or death occur, or partners decide that collaborating no longer works. However, exiting a legal commitment does require specific steps. Officially dissolving a Texas LLC should be initiated thoughtfully. A Houston business […]
When working in business, it is widely understood all contracts carry the implied duty of good faith and fair dealing. This phrase means there is a reasonable expectation that all parties involved will act fairly and honestly under the terms of the business arrangement. It also implies that neither party will violate the spirit of […]
Establishing a business partnership can be exciting, offering the opportunity to pool resources, share responsibilities, and pursue common goals with a trusted partner. However, navigating the dynamics of a business partnership requires careful consideration of each partner’s rights and responsibilities, including the authority to make decisions on behalf of the business. At Feldman & Feldman, […]
The Corporate Transparency Act (CTA) went into effect on January 1, 2024, and impacts both newly established and existing small businesses. This bipartisan piece of legislation was established as a federal anti-corruption law to counter illicit financial crimes such as money laundering, tax fraud, and financing of terrorism. This is done by forcing a broad […]
A contract represents an agreement between two or more parties. The agreement obligates the parties to adhere to the terms of the document, and those obligations carry the force of law. A breach of contract occurs when someone fails to perform as they had promised to do. Although most business contracts are in writing, courts […]
Contracts are integral to business transactions, providing a framework for parties to define their rights and obligations. However, not all contracts are enforceable, and there are certain circumstances under which a contract may be voided or rendered unenforceable under Texas law. Our Houston contract lawyers at Feldman & Feldman, PC will help you understand your […]
Business owners in Texas understand the importance of protecting their assets and mitigating risks; however, despite taking preventive measures, accidents, injuries, and disputes can still occur, leading to potential legal liabilities. Understanding general liability insurance claims and business lawsuits in Texas is crucial for business owners to navigate potential legal challenges effectively. Does business insurance […]
Business litigation encompasses defending or resolving legal disputes between companies and other parties. In many instances, it is used to describe defending companies accused of misconduct or being sued for a variety of reasons. What do business lawyers do? A business litigation lawyer is a legal professional who is able to manage both minor and […]
Contracts and agreements are major components of how successful business dealings work. This is especially true for businesses that work with vendors or outsource work. When this happens, a service level agreement is typically put into place to ensure the needed service supplied by the vendor is done effectively. Knowing the right SLA to use […]
As a Texas small business owner, you need to address many legal concerns that pose significant obstacles and prevent your business from running smoothly. Our Houston business law attorneys at Feldman & Feldman, PC want to ensure you are familiar with 11 common business legal issues facing small businesses in Texas. Being aware of these […]
A conflict of interest can pose a serious risk to a business. If an individual’s personal interests conflict with their professional obligations, a business’s success can be compromised. If a conflict of interest has affected your business, or if you have questions regarding whether something constitutes a conflict of interest, contact a Houston business litigation […]
Contract disputes in the state of Texas can be extremely complex due to the high volume of business conducted in major cities such as Houston, Dallas, and Austin. The state of Texas is a business hub, and contracts are one of the most important components of the business relationships that help make Texas one of […]
With different projects, teams, management styles, and other factors at play, disputes in the workplace are bound to happen, even when employees and contractors work from home. Using guidance from a skilled Houston business litigation lawyer  you can explore Alternative Dispute Resolution (or ADR) to help resolve these conflicts. You will probably be aware of […]
The law says a contract is formed when there is an agreement for an exchange of value, and all parties are legally capable of entering into the agreement. Contracts do not have to be written except for specific types of business contracts, but most business contracts are evidenced by formal, written documents. Texas recognizes the […]
The term ‘independent contractor’ is used widely. Ensuring you have carefully written contracts, can go a long way toward protecting a business as well as the independent workers they hire. Should a business desire to hire an independent contractor, it’s important to draft an agreement in writing. Some of the most important items to consider […]
When a business owner enters into a formal or informal agreement that will benefit their company, they do not usually expect an outside party to interfere with that relationship. If a third party interferes with a contract or business relationship, it may be tortious interference in a business relationship. Some examples of actionable interference may […]
Buying a franchise may seem like a good way to get started operating a business. Business franchise opportunities can offer prospective buyers an established business with a widely recognized name and a successful business model. But before signing a franchise agreement, it is a good idea to have it reviewed by an attorney who practices […]
Any small business owner in Houston preparing to sell a business wants to be successful in the transaction to ensure a smooth turnover while limiting profit loss. This phase takes preparation, just like the start-up. Recognizing the common mistakes we discuss below will help you avoid unnecessary hardship and loss when selling your small business. […]
When partners reach a business point where their ideas, goals, and focus move in diverging directions, it is necessary to reevaluate the relationship and take a new approach. These changes can happen for various reasons, such as a new baby in the family who requires more time from a partner to both partners not seeing eye to eye on how funds should be spent. A business buyout can be an option you consider as the next step.
Considering whether to buy a franchise so you can operate your own small business is a big decision. There are tremendous benefits to working for yourself and being able to provide jobs for others. However, there are significant obstacles you may want to investigate before signing a franchise contract. Starting a company from scratch can […]
Suppose you have come up with a great idea for a new business. It is creative, unique, and entirely new. This business idea might be a manufacturing idea for a new and innovative product or maybe a branding idea or a jingle that you can see going national or even worldwide. Perhaps it is a […]
In the world of entrepreneurship and business ventures, partnerships often play a crucial role in the success and growth of a company. A well-structured contract can bring together complementary skills, resources, and expertise, allowing businesses to achieve more than they could on their own. Without proper documentation and clear guidelines, partnerships can quickly turn sour, […]
You should not enter into a partnership agreement with someone based on a handshake. No matter how much you may trust that person, any business arrangements you agree to enter into need to be memorialized in writing. In a partnership, the agreement between you and your partner(s) is what gives you rights and obligations with […]
If you need to file a lawsuit, you do not have an unlimited amount of time to do so. No matter what type of case you are filing, there is always a limit to when you can sue. A statute of limitations applies to most criminal actions and all civil actions. Once the statute of limitations passes, you can no longer file a lawsuit. Thus, you need to be aware of the timelines in your case or else you can lose the right to a financial recovery or other legal relief, such as an injunction or specific performance of a contract.
Most people do things to protect themselves and their property. Homeowners lock their doors at night and insure their valuables. Unfortunately, very few people protect themselves from fraud, and with the rise of the Internet and digital software, fraud is getting easier to commit.
When your company does business with vendors for goods or services, you need clear and well-drafted contracts to govern these relationships. Otherwise, you may be risking future headaches that could include supply disruptions and lawsuits. There are a number of situations and pitfalls arising out of poorly written vendor contracts you must act to prevent. Sloppy contract drafting or a lack of foresight could doom your company to legal troubles. The best way to avoid problems with vendor contracts is to have an experienced attorney draft and review your contracts. In the meantime, here are some common pitfalls businesses may face with their vendor contracts.
When you go into business with a partner, you may end up getting far more than you initially bargained for. Partnership agreements bind you to someone else. For better or worse, you will reap the benefits and bear the consequences of their actions. What someone else does can affect you both personally and professionally. There are some cases in which you may need to sue a partner for wrongful actions. The special nature of a partnership adds an extra degree of potential complication to these lawsuits.
In many cases, a company’s contracts are one of the major reasons why a suitor wants to buy it. In most instances, the buyer of the business should be able to assume a contract the seller had. The question is usually what process the buyer will need to follow in order to substitute themselves into an existing contract.
Oil and gas leasing is a complex area. The landowner wants to monetize and be paid for the resources on their property, while the oil company wants to maximize its profits and ensure a steady supply of products. Oil and gas leases often require extensive negotiations between the two parties. It is essential to get […]
For small business owners, legal issues can be both distracting and dangerous. They require time and attention from the business owner that is better used growing their company. In addition, legal matters put owners in a difficult position because they are dealing with matters that are unfamiliar to them. If they make a mistake, it […]
A contract is a critical document that governs your relationship with a vendor. If any mistakes or important clauses are missing in the contract, you may end up paying a price for it. Therefore, it is crucial you obtain professional help before you negotiate and agree to any deal. This investment may save you both […]
Many people compare business partnerships to domestic ones, and it’s easy to see why. Just like marriage, a business takes a lot of dedication and hard work; and, breaking up can be hugely expensive. Business divorces can destroy a business and any assets you have spent years building. While business divorces are sometimes necessary and the best course of action, every effort should be made to avoid these costly breakups.
Franchise agreements can lead to beneficial and profitable relationships for the parties on both sides of those agreements. However, there are cases when a franchise relationship can lead to disagreements between the two parties. Disagreements do not have to become contentious lawsuits. They can be avoided in the first place or resolved before they become […]
Partnership disputes can be among the most difficult types of business disagreements to resolve because they impact people’s finances and ability to earn a living. The situation can be even more fraught with landmines when you are a minority shareholder since the majority shareholder has more power than you. However, you do have legal rights […]
According to a 2020 survey from PriceWaterhouseCoopers, 47% of respondents had experienced fraud in the prior 24 months. Business fraud is a growing problem as criminals become smarter and more daring. While no business is ever 100% fraud-proof, you can build your defenses. Here are six steps your business can take to better protect itself […]
Employees are expected to only use company property and assets appropriately and within the scope of their employment. Unfortunately, this is not always the case as many employees have been caught misusing company assets for their own personal benefit. While many smaller infractions like using company stamps to send personal mail or taking home a […]
Purchasing a franchise has become one of the more popular business models in the United States – as well as globally – in recent years. According to research from Statista, in 2019 alone, the economic output of franchise establishments within the U.S. totaled roughly 787.5 billion dollars. With this in mind, it’s no wonder franchising […]
With so many businesses now having an online presence through a website and/or social media, many have turned to digital sources to gain access to images labeled as ‘free’ to catch the attention of prospective clients and customers. As more companies utilize these sources, it’s important to be aware of potential intellectual property violations and […]
The COVID-19 pandemic has greatly affected businesses in more ways than one. While many have been able to obtain funding or loans through the Paycheck Protection Program or an Economic Injury Disaster Loan (EIDL), others have found coronavirus loan fraud issues. This is true for Wells Fargo, which recently fired over 100 employees for defrauding […]
Running a successful business comes with its own unique set of challenges – and business partnerships are essential for success. The Coronavirus pandemic has no doubt thrown curveballs at business owners across the country, but what happens to a business when one business partner falls ill to COVID-19 – or worse, becomes incapacitated or succumbs […]
The ongoing COVID-19 pandemic has taken a major toll on businesses throughout the nation. While some have been able to transition to working entirely or partially remotely, others have had to make difficult decisions to keep their doors open without having to dissolve a business. The dissolution of a business is a decision that should […]
The COVID-19 pandemic has brought unprecedented change in the way many people go about their daily lives and work. While many employers have made decisions to keep their teams working remotely indefinitely, others have decided to return to the office, whether partially or full time. Because of this, COVID-19 liability waivers have become a common […]
The new coronavirus or COVID-19 has impacted businesses large and small, as well as the personal and financial lives of millions. Now, with so many aspects of our daily lives up in the air, insurance underwriters predict an oncoming wave of changes to director and officer (D&O) liability coverage will follow. Understanding Directors and Officers […]
Fiduciary obligations are crucial aspects of certain business relationships. These duties involve a relationship between two parties that obligates one to act in the best interest of the other. When the fiduciary breaks or breaches this obligation to the beneficiary, it can hurt their reputation and have potential legal repercussions. Such is the case for […]
Since the new coronavirus or COVID-19 outbreak, many people across the country and around the world have had to adapt to working remotely from their homes. While this allows employees to continue their ongoing projects and tasks from the safety of their own living spaces, fraud and cybersecurity concerns have mounted as fraudsters find themselves […]
Day in and day out, businesses across the nation rely on contracts for many different things, including partnerships and employment. Unfortunately, however, many companies have been grappling with how to handle these contracts due to the novel coronavirus or COVID-19, which has effectively disrupted business operations around the world. In particular, many businesses are wondering […]
Over the years, local restaurants have remained staples of communities across the country. Houston, for instance, is known for its wide variety of local fare, with a whopping 10,000 restaurants that represent nearly 70 countries and American regions. While restaurants across the nation have long been a source of comfort for patrons, the novel coronavirus […]
When dealing with commercial real estate, the use of liens can be fairly common. Liens can impact the ability of a business to start from the ground up or continue to grow and expand. Understanding how different types of liens can affect businesses is incredibly important when leasing or purchasing a commercial property. What is […]
Meat alternatives have become increasingly popular among consumers in the last several years. One of the most popular brands is Beyond Meat, which sells plant-based foods and meat alternatives. It sells its products to various customers in the retail and foodservice channels through brokers and distributors in the U.S. and internationally. The brand works with […]
Antitrust laws help regulate the conduct of businesses in order to promote fair market competition for the benefit of consumers. Recently, the U.S. Federal Trade Commission (FTC) announced it was considering a rule limiting businesses from pushing their employees to sign non-compete agreements preventing them from working at rival companies. Upon hiring, workers are sometimes […]
Important information is often discussed during day-to-day business operations. Trade secrets, innovative ideas, and new projects can all help businesses maintain a competitive advantage. Many companies use non-disclosure agreements (NDAs) to protect sensitive information. Understanding how these agreements work and what they entail can help keep important business information secure. An NDA is a legal […]
When a merger of two companies happens, assets are often consolidated in order to combine the two entities. While mergers and acquisitions occur quite frequently, they have the potential to create serious antitrust issues. Recently, TD Ameritrade and Charles Schwab announced plans to merge the two entities, raising antitrust concerns among many. Investment company Charles […]
Property transactions happen nearly every day. With many different properties going up for sale in the Houston area seemingly overnight, it’s no secret that the real estate market isn’t slowing down anytime soon. While the ongoing influx of real estate transactions brings new businesses and residents to Houston, Texas, it also comes with concerns of wire fraud.
Contracts are very commonplace in business transactions and partnerships. These binding agreements help to ensure the parties’ agreed terms are carried out in full on all sides of the agreement. When a party breaches a contract, it can be damaging to those involved. Recently, Apple sued a former chip designer after he allegedly breached his duty of loyalty and contract with the company.
When fraud occurs, it can cost unsuspecting victims more than they expect. One of the latest types of fraud attacks compromises corporate emails and uses them to manipulate others. Often known as CEO fraud, business email compromise tactics were recently used to scam a Swiss company out of roughly one million dollars by a multinational fraud ring.
Mergers and acquisitions are common business occurrences involving the consolidation of companies or assets through various types of financial transactions. Mergers, acquisitions, consolidations, tender offers, and more can all dramatically change the face of a well-known business. In fact, Google recently acquired Fitbit in its largest acquisition to date for about $2.1 billion. This comes as the search engine giant aims to grow its presence in the smartwatch and fitness technology industries.
Fraud is, unfortunately, something that affects many businesses and individuals on a fairly regular basis. One type of fraud that has become more prevalent over the years is the Ponzi scheme. The most well-known example in recent memory is the 2008 arrest of Bernie Madoff for operating one of the largest private Ponzi schemes in history, estimated at $64.8 billion.
For many Houstonians, Hurricane Harvey proved to be a storm like no other. Over 27 trillion gallons of rain washed over our city, resulting in 50 inches of rainfall. The rainfall was so heavy, in fact, the National Weather Service had to update the colors used to showcase the severity of the rainfall on its weather charts to properly account for it. As to be expected after a storm like Harvey, many insurance claims for property damage were subsequently filed with insurance companies. Unfortunately, however, many Texans believe both insurance proceeds and local and federal funds designated to help pay these claims were mishandled, some even suggesting an investigation should take place.
Today, we are fortunate to have access to many different testing options that screen for various diseases and infections we otherwise may not know about. Genetic testing in particular is utilized to identify changes within the DNA sequence or chromosome structure and measures the results of these changes. For several unsuspecting seniors, however, recommended genetic testing was found unnecessary after a massive fraud scam against the U.S. Medicare program was revealed.
For many, the idea of their hometown or city having a localized theme park to go to with family and friends seems simple enough. However, this has been a topic of contention for many Houstonians, since the beloved AstroWorld closed its gates for good in 2005 and was eventually demolished to make room for additional […]
Bonds can often play a major role when it comes to raising money. Government entities and corporations often issue bonds when they want to raise a certain amount of funding. When purchasing a bond, the issuer of the bond will receive a loan and agree to pay back the face value of that loan by […]
As many know, mergers and acquisitions (M&A) are common practices between corporations. The concept of mergers and acquisitions describes the consolidation of businesses and/or their assets through various types of financial transactions. If and when these transactions go awry, it can put the process into question. Recently, AT&T and its CEO had their acquisition tactics […]
While some view competition among businesses as a negative, competition among corporations is good for both consumers and businesses, often helping with different aspects of the economy. This can sometimes be a difficult line to tread for those involved in acquiring other businesses, as the size of the merger could have an overall impact on […]
While unfortunate, fraud can occur in nearly any business. Funds designated for specific business use can be misappropriated and unnoticed for months or even years given the circumstances. Not even the higher-ups in Silicon Valley are immune to fraudulent activity, as recent Securities and Exchange Commission (SEC) findings in a case against a former venture […]
Elon Musk is known for many things, including founding Paypal and serving as the CEO of Tesla Motors. In addition to making cars, building spaceships, and investing in a wide variety of technology start ups, Musk is also known for his prolific tweeting. Unfortunately, not everyone likes Musk’s use of the social media platform Twitter, and his tweets have not only created controversy, but they have also led to legal troubles with the U.S. Securities and Exchange Commission (SEC). Now, the SEC wants clearer guidelines how social media usage can violate federal law.
Picture this: you have a really important print job, but as you stand in front of your office printer it starts making strange noises. Before you know it, the printer is jammed and your print job isn’t happening anytime soon. This is a common scenario for anyone that works in an office, which can become incredibly frustrating, particularly if the printer is brand new and fails to operate properly at all. This was the case for a local Houston law firm who became so fed up with printer problems that they filed a lawsuit against HP, Inc. alleging breach of contract, fraud, negligent misrepresentation, and breach of express warranty. While it’s unclear how this office drama will play out, it does serve as an important reminder to business owners about warranties.
Houston is an unusual city for many reasons, but one of the most visibly apparent reasons is that there are no zoning requirements. This means that grocery stores can go up next to houses, but it also places a higher burden on homeowners and condo owners associations. Because there are no zoning requirements, these organizations are often the only thing standing in between a new development and residents. This is the case for the condominium owners association at the Cosmopolitan apartment complex, which is fighting the development of a 39-story building.
