Dallas Business Litigation Blog

Negotiating a commercial property purchase

On behalf of Kaplan & Moon, PLLC on Thursday, July 12, 2018.

Commercial property is hot all around the DFW Metroplex. Prime storefronts and other commercial sites are increasing in value very rapidly, making them attractive investments. In this climate, however, it can be difficult to agree on a value that satisfies both parties.

All potential uses for the property have to be considered for the valuation, regardless of what the investors might have in mind at the time. This is not only a consideration for potential future uses but also for competitors who might want to bid on the property in question. It’s important to understand all the uses of a site and why they are part of the negotiation process.

Lease dispute, deceitful actions lead to commercial litigation

On behalf of Kaplan & Moon, PLLC posted in commercial real estate disputes on Thursday, July 12, 2018.

When individuals enter into a business agreement, it is important to have contracts so that everyone understands the arrangement. However, even with leases in place, commercial litigation can still take place if the business manager and landlord face disagreements. Unfortunately, this type of situation is not uncommon.

Texas residents may be interested in a lawsuit that is currently underway in another state. Reports stated that a man had entered into a commercial lease with the owner of a campground in order to act as the manager of the grounds during camping season, which is May to October. However, due to recent disputes between the man and the landlord, he has been unable to open the grounds for the camping season. The issue apparently involves the fact that the man has been working to improve the grounds for the last two years, but now the landlord reportedly wants to evict him.

Employment contract disputes can carry on for years

On behalf of Kaplan & Moon, PLLC posted in employment contract disputes on Tuesday, July 3, 2018.

Most Texas workers understand that agreements and contracts can often help many types of employer-employee relationships running smoothly. When everyone is on the same page as far as responsibilities, compensation, benefits and other aspects of the job, it can help maintain a sense of professionalism and understanding. Of course, agreements often have expiration dates, and if new terms are not easily agreed upon, employment contract disputes can cause issues.

It was recently reported that a court has ordered daily negotiation sessions in order for the teachers and school district in another state to come to contract terms. Apparently, the previous contract ran out in 2015, and since then, the teachers have been carrying out their duties without an agreement in place. The teachers have gone on multiple short-term strikes, but due to a mandated number of school days that students must attend, the opportunity to strike is limited.

Joint ventures may be worth considering for certain endeavors

On behalf of Kaplan & Moon, PLLC posted in intellectual property disputes on Monday, July 2, 2018.

When individuals have a new idea in the works, they may feel that outside help would benefit the situation. However, they may not feel that the project warrants a complete partnership. As a result, Texas residents looking to move forward in such a manner may want to consider creating joint ventures.

Joint ventures can be beneficial arrangements for individuals looking to achieve a certain goal, but they can also present issues, which is why having an agreement can be useful. Though a joint venture does not operate in the same manner as a partnership, it still involves multiple people working together. As a result, disputes could easily arise, and preparing for such possibilities may be wise.

Trademark infringement may lead to intellectual property dispute

On behalf of Kaplan & Moon, PLLC posted in intellectual property disputes on Thursday, June 21, 2018.

Most Texas business owners want their clients and customers to know that they provide quality products and services. Often, companies will take steps to set themselves and their brands apart from competitors. Because they want their customers and potential customers to remember their businesses, they may create trademarks for those individuals to associate with their brand and quality service or products. Of course, some other parties may attempt to infringe on trademarks, and as a result, an intellectual property dispute could come about.

In order for infringement to take place, an actual trademark must have been established. This action could help protect images, words or phrases that companies have created to specifically associate with their brands. For instance, many people can easily recognize Apple products due to the iconic, trademarked image of an apple with a bite taken out of it.

AT&T workers in middle of employment contract disputes

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

Many workers feel comfortable working under contract. These agreements can often help everyone involved understand their roles, benefits, disciplinary actions and other important information. However, these agreements may expire or parties may attempt to change the terms, and in some cases, employment contract disputes may come about.

Texas readers may be interested in a conflict between AT&T and some of its workers in other states. Apparently, both sides are attempting to come to new contract terms but have so far been unsuccessful in coming to an agreement. As a result, more than 14,000 employees have gone on strike in five states to further display their displeasure with the current arrangements. The workers affected by the situation work in the installation and repair aspect of the company's services.

Four essential components in a joint venture agreement

On behalf of Kaplan & Moon, PLLC on Wednesday, June 13, 2018.

Unlike a partnership agreement, a joint venture agreement brings two separate businesses together for work on a specific project. During this process, companies share resources such as staff and technology. Joint venture agreements have costs and benefits, just like anything.

In a successful agreement, because both parties have skin in the game, there is an element of trust. In a failed agreement, despite both sides having a vested interest in the result, the two companies lack synergy, which becomes a breeding ground for failure.

Protecting intellectual property could benefit Texas companies

On behalf of Kaplan & Moon, PLLC posted in intellectual property disputes on Wednesday, June 6, 2018.

Business owners have many responsibilities when it comes to running their companies. In particular, they may need to make efforts to protect various information and intellectual property. Without protections, it is possible that the property could be stolen or otherwise unlawfully used by other companies, and a Texas business could face hardships.

In order to protect this information, company owners need to determine what actually needs protecting. In particular, it may prove wise to consider information that actually plays a significant role in the operations of the company. If parties attempt to protect every piece of information they have, it may not work in the manner that they hope. Once the protected information is identified, labeling that information as confidential, and limiting any copies made could also help work toward ensuring that the property does not land in the wrong hands.

Failure to comply could lead to contract disputes

On behalf of Kaplan & Moon, PLLC posted in employment contract disputes on Thursday, May 31, 2018.

When individuals have business interests they want to protect, they may want to prevent their employees or former employees from potentially putting the company at risk. In some cases, Texas business owners choose to utilize noncompete agreements and other employment contracts in hopes of reducing that risk. Of course, some issues could still arise that lead to contract disputes.

It was recently reported that a real estate broker in another state filed a lawsuit against a former employee for breaching a noncompete agreement. Reports stated that the worker had signed the agreement after she obtained a increase in her shared portion of the real estate deals. The agreement indicated that the woman would not compete with the agency for two years within a restricted area.

LLC: advantages & disadvantages

On behalf of Kaplan & Moon, PLLC on Thursday, May 24, 2018.

If you are an entrepreneur starting a new business, there are many ways that you and your partners can proceed. In the oil and gas industry, partnerships are popular largely because they are easy to form. If you are a solo service provider, you may operate on your own as a single proprietor.

For most start-ups, however, the limited liability corporation (LLC) is the most common choice. As an arrangement it has great advantages. But it is important to be aware of the potential disadvantages of the LLC before making a final decision.