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Frisco Business Law Blog

Is a former employee challenging your noncompete agreement?

An ideal situation for any business owner would be to never have to deal with any type of issue that needs litigation to address. Of course, that ideal situation almost never occurs. As a business owner, you may have already found yourself facing various disputes and needing to fall back on legal assistance and information in order to protect the best interests of your company.

Before your first dispute, you may have even taken protective measures, like creating contracts and agreements, in hopes of reducing the likelihood of unnecessary issues. However, it may have recently come to your attention that a former employee is challenging the non-compete agreement you required that he or she sign at the time of employment. Because you certainly want to prepare to enforce your rights, you may want to start by reviewing the enforceability of your agreement.

The Role of the Personal Representative in a Probate Proceeding

When an estate needs closing due to a person's death, someone needs to be in charge of handling the necessary tasks involved. The person in charge of handling these tasks is known generically as a “personal representative.” If the personal representative was appointed in the decedent’s will, then the personal representative is referred to as the “executor” of the decedent’s estate.  If, on the other hand, the decedent died intestate (without a will), the court will appoint an “administrator” to oversee the decedent’s estate.

Who can serve as personal representative? 

2 important components of a purchase-sell agreement

Finding that perfect piece of commercial real estate for your business may have been a long and arduous process. Now that you found that prime piece of Texas land, it’s time to take the next step in the ownership process -- negotiating the purchase-sell agreement.

Whether this is your first purchase or your tenth, every situation and contract is unique; one constant, however, is your desire to protect your rights while negotiating a favorable deal. Below are two components of your contract that you may want to pay particular attention to as you work to make that happen.

3 missteps to avoid when starting your own business

The anticipation of getting your new business off the ground may have you feeling motivated and driven. Of course, you want to ensure that you make the right choices and follow the right steps when it comes to forming your business to make sure that you do not end up having to deal with unnecessary complications. This may mean that you need to slow down and fully think through your actions, even if that also means curbing your enthusiasm, at least momentarily.

It may have taken you years to even consider the idea that starting your own company could actually happen. Now that you feel ready to go, you may fear that delays could result in your business not moving forward at all. However, that does not have to prove true, and simply taking the time to consider details and strategies may actually have many benefits.

Should you add a trust as part of your complete estate plan?

As we turn the calendar from 2017 to 2018, many of us make New Year's Resolutions to get organized and plan for the future. One simple way to get your affairs in order is to craft an estate plan with a qualified attorney. Texas readers understand the importance of creating an estate plan, which:

  • Sets out how you wish your assets to be transferred upon your death
  • Designates who can make your medical decisions when you are incapacitated
  • Stipulates whether you want to be buried or cremated

Are you dealing with a construction defect? Don't face it alone.

When you build a home or you purchase a newly constructed home in Texas, you may find that there are certain issues that you must address. Minor flaws and problems are fairly normal in new construction, and homeowners may have to fix small things here and there as they adjust to living in their new homes. However, there is a difference between normal construction problems and construction defects.

Construction defects can be quite serious. Whether there are issues with the design of the home or you believe that there are problems that compromise the integrity of the home or even your safety, you have rights. If you are a victim of defects in a newly constructed home, you have the right to take action and seek appropriate compensation.

Is it better to buy or lease a place to do business?

Running a Texas business involves much more than simply having a good idea and marketing that idea. There are many financial and legal matters to consider, including real estate. Where you will do business could matter as much as how you do business, and you will find it beneficial to carefully consider how you go about buying or leasing property.

In some cases, it may be more beneficial for a business to lease space while for others, it is prudent to go ahead and buy. This decision is about much more than just your finances in the moment — it's about what is best for your operations both today and long into the future. You may need experienced guidance to help you as you make these decisions.

4 aspects to consider when thinking about business succession

Over the years, you have likely formed a great attachment to your business. It has undoubtedly provided you with various opportunities for achievement and success, and you may wish you could continue running your company until you die. However, most likely you will choose to step down from your prominent position in the company when you reach retirement age or when other factors lead you to feel the need for change.

Of course, you want your business to continue to have successes even after you are no longer part of its operations. In order to give your company the best leg up possible, you will want to have a useful business succession plan in place. This plan could help ensure that trusted and responsible individuals take the reins after you step down.

A will is not a catch-all for estate plan information

Like many Texas residents, you may feel ready to begin estate planning so that your family will know your end-of-life wishes when the time comes. You may also have a similarity with other individuals in that you feel uncertain where to begin planning and what documents to use. Because of its usefulness and versatility, you may first want to consider creating a will.

Though you likely know that many people use a will as part of their estate plans, you may not want to consider the document a catchall for all of the information you hope to provide. While you can leave many details regarding your wishes in your will, you may want to understand what information to leave out or record elsewhere.

What Breach Of Contract Means To Your Organization

Multinational organizations and small family businesses alike rely on contracts to keep the company running smoothly. Whether the contracts represent legal agreements with vendors, suppliers or construction firms having the terms of the agreement broken can lead to business disruptions. To fully understand your risks and the legal options available to you, it's important to recognize the differences between various types of breach.

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Plunk Smith, PLLC
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Frisco, TX 75034

Phone: 972-370-3333
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Plunk Smith, PLLC
Plunk Smith, PLLC