Business Law

The right entity structure depends on your liability concerns, tax situation, number of owners, and future growth plans. An LLC offers liability protection with simpler tax treatment and less formality, making it popular for small businesses and professional practices. A corporation provides stronger liability protection and easier access to capital through stock sales, but comes with more regulatory requirements and potential double taxation unless you elect S-corporation status. Partnerships work well for professional firms where personal relationships matter, but expose partners to joint liability. We analyze your specific circumstances to recommend the structure that best fits your needs and helps you avoid costly mistakes down the road.

A trademark protects brand identifiers like your business name, logo, slogan, or product names that distinguish your goods or services from competitors. Trademark rights continue as long as you use the mark in commerce and properly maintain your registration. A copyright protects original creative works like written content, photographs, software code, or artistic designs. Copyright protection begins automatically when you create the work and generally lasts for the author's lifetime plus 70 years. Many businesses need both forms of protection. For example, a software company might trademark its product name while copyrighting the actual code. We help you identify which intellectual property protections your business needs and handle the registration process.

Texas law allows non-compete agreements if they're part of an otherwise enforceable agreement, contain reasonable time and geographic limits, and don't impose greater restrictions than necessary to protect legitimate business interests like trade secrets or confidential information. Courts scrutinize these agreements carefully and won't enforce overly broad restrictions. A non-compete that prevents someone from working anywhere in Texas for five years likely won't hold up, but one limiting work within a 50-mile radius for one year in a specific industry might be enforceable. We draft non-compete agreements that comply with Texas law while protecting your business interests, and we represent both companies enforcing these agreements and employees challenging unreasonable restrictions.

The outcome depends largely on what your operating agreement or partnership agreement says about buyouts, valuation methods, and exit procedures. Without a well-drafted agreement, you may face lengthy negotiations or even litigation over business valuation, buyout terms, and whether the departing partner can compete with the business. Ideally, your formation documents should establish valuation formulas, payment terms, and non-compete provisions before disputes arise. When we handle partnership and shareholder disputes, we work to enforce existing agreements or negotiate fair buyout terms that allow both parties to move forward. If you don't have these protections in place yet, we can draft agreements that prevent future conflicts.

You can negotiate and sign contracts without legal representation, but it's often not advisable for significant business transactions. Contracts written by the other party's attorney typically favor their interests, and standard form agreements often contain clauses that shift risk onto you. We regularly see business owners who signed contracts without legal review and later discovered provisions requiring them to pay the other party's attorney fees, waive jury trial rights, or accept liability for circumstances beyond their control. Having an attorney review contracts before you sign them costs far less than litigation to escape an unfavorable agreement. For major transactions like commercial leases, vendor agreements, or partnership buyouts, legal representation isn't just prudent; it's essential protection for your business assets.

Document the infringement thoroughly by saving copies of the unauthorized use, including dates, locations, and any evidence of consumer confusion. Then consult with an attorney before taking action. In some cases, a cease and desist letter is enough to stop the infringement. Other situations may require filing a lawsuit to protect your rights and recover damages. The strength of your case depends on factors like whether you have a federal trademark registration, how long you've used the mark, and whether the other party's use is likely to confuse customers. We evaluate infringement situations, advise you on the most cost-effective response, and represent your interests in negotiations or litigation to stop unauthorized use and protect your brand value.

The timeline for commercial litigation varies based on case complexity, court schedules, and whether parties are willing to negotiate settlement. Simple breach of contract cases might resolve in six to twelve months, while complex commercial disputes involving multiple parties or technical issues can take two to three years to reach trial. Most cases settle before trial, often after initial discovery reveals the strength of each party's position. We work to expedite resolution through strategic motion practice, settlement negotiations, and alternative dispute resolution when appropriate. During your initial consultation, we'll give you a realistic timeline based on the specific circumstances of your dispute and the current court docket.