Creative And Effective Solutions For Legal Disputes
Dallas Business Law Blog
Frustration of purpose/impossibility of performance lease clauses
If you’re a commercial landlord, these last few months have probably been challenging. Not only are many of your tenants unable to make their lease payments, but some may no longer see a reason to renew. Meanwhile, your expenses haven’t gone down. There may not be...
Could a complex trust reduce your capital gains taxes?
If you’re planning to sell your business or some of your assets this year, you may want to set up a complex trust. Doing so could eliminate the capital gains you might otherwise be expected to pay. There are a couple of traditional ways to reduce or defer capital...
5 ideas for reinventing your business right now
According to a Small Business Trends survey in July, 92% of small businesses in the U.S. have had to reinvent themselves over the past few months. Are you one of them? If not, your struggling business may need to be next. Where do you begin? It starts with hustle, as...
Now might be the time to consider a franchise opportunity
If you have money to invest in a new business, you may be struggling to find a reliable, profitable venture to invest in. Or, you may have an existing business that has hung on so far but faces serious challenges. In an ordinary year, according to the U.S. Bureau of...
Filing for Chapter 11 bankruptcy stops collection activities
Business was tough enough before the pandemic. Now, many businesses are facing a cascade of troubles. Vendors and suppliers are slow or unable to fulfill their contracts. Your rental properties aren’t paying. Expenses haven’t gone down, but income has dropped off. And...
How do you settle a business dispute out of court?
If you’re involved in a business dispute right now, you may want more than ever to keep it out of court. The courts are working very slowly at the moment, and it could be some time before they return to normal operations. Even in the best of times, litigation is...
Another wave of business closures expected this fall
When the first wave of business closures hit this spring, many of the companies involved were already in trouble. Or, their owners were ready to close for other reasons, like a pending sale or retirement. Those that survived have been hurt. Many received crucial help...
Has the pandemic frustrated the purpose of your contract or lease?
If you can’t perform your contract, you may have a defense due to the COVID-19 pandemic. It is possible that you do. In Texas, your duties under a contract are sometimes dischargeable due to “frustration of purpose,” among other defenses. Frustration of purpose is...
Should I arbitrate my business dispute?
You’ve probably heard that arbitration is a good option for businesses dealing with disputes, but you may not know much about it. It is a process much like courtroom litigation, except that it is somewhat less formal in terms of both procedure and rules of evidence....
Mezzanine lenders are coming for commercial landlords
Unlike traditional mortgages that are secured by the property in question, mezzanine loans are backed up by your business. A foreclosure doesn’t just mean losing the property. It could mean losing a percentage of your business. Unfortunately, mezzanine lenders tend to...
