This week, I thought about delving into a specific type of contract. But then, I figured it might make more sense to first go over the basics of what a contract actually is.
A statute of limitations establishes a time limit for a plaintiff to file a lawsuit based on a particular cause of action. In this post, Jason outlines the questions that must be analyzed to determine whether a claim might be time-barred.
In this blog post and podcast episode I explain the unfolding drama pertaining to the notoriously unreliable ice cream machines at McDonald’s restaurants and the lawsuit recently filed by Kytch, a company that developed technology aimed at solving these ice cream problems.
During a recent podcast episode I mentioned the term fiduciary duty and a listener followed up asking what it is. It’s a good question and one that takes some thought for a lawyer to translate from “legalese” because we have been so deeply exposed to the concept that it becomes challenging to clearly describe. But here in this blog post and podcast episode I’ll try.
This post and podcast episode covers what trade secret misappropriation is, along with a real world example.
A “filing entity” can be a corporation, LLC (limited liability company), or other corporate form that serves as a liability veil, shield, or forcefield between claims of folks who interact with the business and the individuals who own and run the business.
Once you have your entity set up, you are on the right track toward protecting your personal assets from business claims. Don’t undermine your risk management by improperly signing business contracts.
It often makes sense to pursue your own claim in JP Court (also referred to as Justice Court and Small Claims Court).
You performed work on a private construction project in Texas and you’re wondering how long until you receive payment. In Texas, chapter 28 of the Property Code governs this situation. It’s called Prompt Payment to Contractors and Subcontractors. It regulates the time limits and interest penalties on all private construction projects within the state.
Your commercial tenant abandoned the building; then you sold the building which was demolished by the buyer. Although you sent the required certified mail to your former tenant advising that the remaining property would be disposed of, you no longer have proof that you sent the certified mail. Now the tenant pops up claiming you wrongfully disposed of their property and that they are going to sue you if you don’t pay.
So, Should You Pay?
Your customer failed to pay so you pursued the arbitration and obtained an arbitration award. Congratulations! Unfortunately, the debtor has refused or failed to pay the award.
As a business grows, an occasional dispute becomes more likely. Although disputes present themselves in all shapes and sizes, generally, a prudent approach is to strive to resolve the dispute favorably and quickly so that the business can focus its limited resources (of time, attention, and cash) on providing value, earning money, and identifying opportunities. …