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Part Three: Steps an Employer Can Take When a Former Employee Violates a Non-Compete

This is Part Three of my 4-part blog series on covenants not to compete.  If you have not read the first 2 parts, please click on the link at the bottom of this page to redirect you to Part One and Two.  To summarize, in Part One, I addressed the “Who, What, When, Where and Read More

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So what exactly is “Corporate Immigration?”

As you are likely aware, illegal immigration has become somewhat of a “hot button” topic over the last several years, particularly now with presidential elections looming.  Important distinctions, however, exist between corporate immigration and the personal illegal immigration that have grabbed the headlines lately.  Corporate immigration, as the name implies, is the process through which Read More

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Gifts and Tax Planning: Transferring Appreciated Assets

There are a number of motivations to give a gift to loved ones during life; however, it is important to remember that certain assets are taxed more favorably if they are given after the owner’s death.  As discussed in my recent blog post, The “Basis” for Good Planning: Using “Stepped-Up” Basis to Reduce Taxes, assets Read More

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Part Two: Tips on Drafting an Enforceable Non-Compete Agreement

This is Part Two of my 4-part blog series on covenants not to compete.  If you have not read Part One yet, please click on the link at the bottom of this page and you will be redirected to Part One.  To summarize, in Part One, we addressed the “Who, What, When, Where and Why” Read More

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Do This. Don’t Do That – Exclusive, Permitted and Prohibited Uses

Exclusive use clauses are relatively common during commercial lease negotiations.  An exclusive use clause prohibits a landlord from leasing to another tenant for the same business purpose as the existing tenant.  For example, a tenant that operates mainly as a seafood restaurant might seek to prohibit the landlord from leasing space to another restaurant tenant Read More

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Is Time Really of the Essence?

Is Time Really of the Essence? Time is of the Essence. Though many have seen these five words in a contract, few actually understand the legal impact of this provision.  Simply put, this provision means that if there are dates or deadlines contained in the contract, those dates are of critical importance, and strict compliance Read More

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Texas’ Open Carry Gun Law

Texas’ Open Carry Gun Law House Bill 910 (“HB 910”) became effective January 1, 2016.  The previous licensing structure permitted individuals to carry a concealed handgun under certain circumstances.  HB 910 amends the Alcoholic Beverage Code, Code of Criminal Procedure, Education Code, Election Code, Family Code, Government Code, Health and Safety Code, Labor Code, Local Read More

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The Importance of an Active Lifestyle to Self and Community

Locally in The Woodlands, Texas, a master-planned community built around the concept of bringing nature and people together, an active lifestyle is always literally just outside your door.  Quoting from the web site of The Woodlands Development Company “With 131 forested parks and 205 miles of hike and bike trails, you can bike, walk, run, Read More

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To Trademark, or Not to Trademark…

Clients commonly ask, “What do I need to do to trademark _____?”  Almost instantly, our response is, “Why do you want to trademark _____, and what are you hoping to achieve by doing so?”  While almost everyone in the general public is somewhat familiar with the term “trademark,” many individuals and businesses do not actually Read More

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Tenant Default: Are You Preserving Your Remedies?

My mother always said, “You can’t get blood from a turnip.”  Being a fairly argumentative child (sorry Mom), I proceeded to suggest useful products that could be derived from a turnip and sold/traded for the money I was seeking.  Commercial landlords are often faced with the same dilemma.  Rent tends to be a high priority Read More

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