Dallas Business Litigation Blog

Lawsuit results from intellectual property infringement

On behalf of Kaplan & Moon, PLLC posted in intellectual property disputes on Tuesday, September 18, 2018.

There are many facets to starting and running a business in Texas and elsewhere that can help it thrive. Intellectual property, like trademarks, can play a major role in how a company operates and how customers recognize a brand. Issues can result when another business steals or otherwise uses that property for its own gain.

It was recently reported that a lawsuit was filed in another state in relation to this type of issue. Apparently, the case involves two brewing companies with similar names. Priest Lake Brewing Co. registered its business name with the state, and a month after doing so, the company president attempted to contact the operator of the other company, Priest Lake Brewing, to inform him of the trademark and infringement that was occurring due to their similar names.

Debt collection is not fun but sometimes necessary

On behalf of Kaplan & Moon, PLLC posted in business collections on Wednesday, September 12, 2018.

Business owners and operators have undoubtedly heard the saying that the customer is always right. However, when a customer or client is not paying an outstanding bill, that person is in the wrong. Texas business owners certainly want to avoid this type of predicament, but unfortunately, that is not always possible. As a result, debt collection may be necessary.

There are steps that can be taken in hopes of lessening the likelihood of nonpayment. For instance, prices and fees can be discussed with customers upfront so that everyone is on the same page as to what the expected cost of services will be. It may even be wise to provide clients with a document that breaks down the expected costs so there is less confusion. Owners may also consider including whether fees are due upfront or if an invoice will be sent after the completion of services.

Options for resolving real estate easement disputes

On behalf of Kaplan & Moon, PLLC on Wednesday, September 12, 2018.

A real estate easement gives another party the right to use parts of your land for different purposes. You will usually find an easement detailed in the property deed, but it’s also sometimes stated in a separate document. There are other ways a company or individual might gain the right to an easement, such as referencing the law or using land over a long period of time. For property owners, this issue can be a nightmare.

Comic-Con wins suit over intellectual property violation

On behalf of Kaplan & Moon, PLLC posted in intellectual property disputes on Tuesday, September 4, 2018.

Many companies, events and shows are often known by words or phrases that are easily recognizable to consumers and patrons. As a result, many businesses look to copyright and trademark their names, slogans and logos to reduce the potential for confusion or infringement from other companies that might want to piggyback off another company's successes. Because this intellectual property is immensely important, businesses may end up filing lawsuits if infringement does occur.

Texas residents, especially those interested in attending conventions, may be interested in a recent ruling involving Comic-Con. The out-of-state comic convention that hosts numerous celebrities and fans alike is often easily recognized because of the name. However, other conventions that cater to similar audiences have attempted to use the phrase "comic con" in the titles of their convention events.

Commercial litigation results due to lease termination fees

On behalf of Kaplan & Moon, PLLC posted in commercial real estate disputes on Monday, August 27, 2018.

Businesses often enter into contracts in order to lease commercial property to carry out their operations. When issues come about with the lease or with the landlord, those issues could end up having negative effects on the business. Most often, monetary damages result, and some situations could lead to commercial litigation in hopes of having the problems addressed.

Texas residents may be interested in a lawsuit currently underway in another state involving a bar and a project developer. Apparently, the bar had operated in the area where the project was taking place and was having to move locations due to demolition of their building during the development. However, the bar had a lease at its initial location that was supposed to have run through 2022. During the construction of the development, the bar owners were compensated by the developers for lost business and had found a new location to operate out of.

Contract disputes over noncompete agreements not unusual

On behalf of Kaplan & Moon, PLLC posted in employment contract disputes on Thursday, August 23, 2018.

It is common for employers to want to protect their businesses in various ways. For some, utilizing noncompete agreements is one way to work toward that protection. However, these agreements are not foolproof, and contract disputes could arise if an employee does not feel that the the terms are enforceable or if an employer feels that the terms have been broken.

Texas residents may be interested in this type of situation currently underway in another state. The issue involves two healthcare systems with the first system claiming that the second has been "poaching" employed doctors who are under contract. Those contracts reportedly include noncompete agreements that are in affect for one year after the end of employment and stated that the doctors could not work for three specific health systems.

Employment contract disputes can delay new terms

On behalf of Kaplan & Moon, PLLC posted in employment contract disputes on Tuesday, August 14, 2018.

Contracts are often useful employment documents that can be beneficial to both employers and employees. However, contract terms often have expiration dates, and when they expire, new terms are often needed. In some cases, those terms may be reached easily, but in others, employment contract disputes could cause a final decision to be delayed.

Texas residents may be interested in this type of situation currently underway in another state. Reports indicated that a hospital and its nurses have been working to come to terms on a new three-year employment contract. The workers want a 23 percent pay increase over the next three years as well as additional staffing. The union representing the workers is also vying for a $15 minimum wage for all workers at the hospital. The nurses staged a two-day walk out a couple of months ago in relation to the contract dispute.

Debt collection may be necessary when customers do not pay

On behalf of Kaplan & Moon, PLLC posted in business collections on Wednesday, August 8, 2018.

Running a business involves many financial aspects. In some cases, Texas business owners may need to use invoices to make sure that clients or customers understand their payment obligations for services or products. Of course, some individuals may not pay their invoices, and as a result, companies may end up needing to take debt collection actions.

Because companies certainly want to avoid this possibility as much as they can, they may want to consider certain steps they could take to make sure they get paid. For instance, parties may want to consider requiring a partial upfront payment or deposit. This plan lessens the likelihood of ending up with no payment even if the customer does not fulfill the rest of the financial obligation.

Clear cut policies can help prevent employment disputes

On behalf of Kaplan & Moon, PLLC on Wednesday, August 8, 2018.

Business owners and managers know the importance of maintaining well-defined expectations for everyone in the workplace. Each member of your company’s team from the executive office and management level to the members of staff and contract employees should understand expectations of conduct within the workplace from the get go.

One simplified way to ensure everyone within your company understands workplace expectations is to define them in hard copy from the beginning of employment. An employee and/or company handbook provides a business with the opportunity to clearly state policies and refer back in case of future disputes.

Communication may be important in partnership disputes

On behalf of Kaplan & Moon, PLLC posted in partnership & shareholder disputes on Monday, July 30, 2018.

Having a business partner can be a useful aspect when it comes to operating a company. Of course, it also means that differences in opinions will undoubtedly come up as will partnership disputes. Some issues may not seem immensely problematic, and Texas partners may find easy resolutions. In other cases, the problems could need more intense attention.

When it comes to any type of business dispute, communication can play a key role in identifying the problem and finding solutions. Therefore, it may be wise for business partners to talk directly to each other rather than talking about each other to outside parties. While practicing a conversation or reaching out to others for advice may be helpful, it may be in everyone's best interests for the partners to discuss the issues directly.