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It may not be as catchy as The Georgia Satellites’ song, that starts with “got a little change in my pocket going jingle lingle ling,” in their hit song, Keep your Hands to Yourself, but employees sometimes have to stand...

FEDS SMASH OUTSOURCING SHELL GAME IN OVERTIME DECISION Under the Fair Labor Standards Act (FLSA), any person or entity that had the right to control the terms and conditions of an employee’s employment duties and exercised those duties, would be...

While federal trademarks afford businesses nationwide recognition, does a federally registered trademark always insure injunctive relief?  Not necessarily.  The problem stems from a 1959 trademark case in which Dawn Donut Co., a retailer of doughnuts and baked goods tried to...

These days, many startups (Uber probably being the most famous example) make extensive use of independent contractors in order to provide services “on demand.” However, when these cutting edge businesses collide with established laws, the risks can be great. Both...

As discussed in our June 7, 2015 blog post, the Texas Uniform Trade Secrets Act (“TUTSA”) became effective on September 1, 2013 authorized Courts to employ injunctive relief to stop “threatened misappropriation.”  Such “threatened misappropriation” has gone under many names,...

Congratulations to Texas Board of Legal Specialization (TBLS) on celebrating their 40th Anniversary   On June 19th TBLS celebrated its 40th anniversary at the Henry B. Gonzalez convention center in downtown San Antonio.  At the celebration 35 Texas Board Certified...

In a commercial market increasingly connected through the Internet, the importance of trade secret protection for businesses is growing exponentially. A single key employee can wreak havoc if he misappropriates trade secrets and then uses that information or discloses it...

You are a business owner, you have vested time and energy into your R&D sector and you serendipitously discover that your team of engineers have developed what they think will be the next Linkedin.  What do you do to protect...

Business owners are successful by implementing their ideas through hard work, while finding ways to save money. This is how the smart, the diligent and the prudent make money and build enduring wealth. However, when a starting business feels undercapitalized...

PART 1:  The Mechanic’s Lien At the construction management meeting, the General Contractor tells everyone that the project is behind schedule, and penalty provisions may apply.  Translation:  you will not get paid on time. The bane of every person in...