Austin TX Business Law Blog

What makes Texas an attractive place to open a small business?

For the third straight year in a row, Texas has topped the rankings as the best place for business, according to the Chief Executive magazine’s Best and Worst States for Business survey.  The rankings reflect the opinion of CEOs, which are a driving force behind the location of businesses.  The most recent rankings place Texas in the number one spot, with Florida and North Carolina next in line.  The worst states include California, New York, Illinois, and New Jersey.  Our

What are the potential benefits of franchising my business?

The franchise business model has become one of the most effective ways to grow and develop a brand.  Entrepreneurs today are often faced with the question of whether they should franchise their business once they have achieved success at a local or national level.  Our Austin, Texas franchise law attorneys present some of the reasons why the franchise model may be right for you.

Your trade secrets are often invaluable to the success of your business.  Trade secrets can consist of processes, designs, formulas, practices, or patterns that are not widely known and cannot be easily ascertained.  No matter the size of your business, you likely have valuable trade secrets.  Examples of trade secrets could include customer lists, technological innovations, secret recipes, and supplier lists.  With high employee turnover rates nationwide, it is critical that you as an employer take steps to protect your

Small business owners in Texas face numerous challenges.  In addition to attracting customers, fine-tuning their product, and driving profits, small business owners need to make sure they abide by several important federal and state laws.  Employee laws impact what employees must be paid, how long they can work, and much more.  Our

What do I need to know before buying an existing business in Texas?

Starting a business from scratch can be challenging and comes with considerable risk.  Rather than building from the ground up, many entrepreneurs elect to buy an existing business.  Purchasing an existing business has several advantages, but it is critical that new business owners obtain the assistance of an experienced Texas business law attorney to protect their legal rights during the buying process.  Our

How can I legally protect my business’ slogan or catchphrase?

An Austin taco-based franchise is in the midst of a legal battle over the phrase “damn good tacos.”  Torchy’s Tacos claims that a Colorado restaurant called Dam Good Tacos has infringed on its trademarked slogan.  Torchy’s registered its tagline “Damn Good Tacos” with the United States Patent and Trademark Office back in 2008, about two years after the Colorado taco shop opened for business.  Torchy’s sent a cease and desist letter to Dam Good Tacos, which uses the same phrase, but with a slightly different spelling.  The company refused to change its name and Torchy’s filed suit.

What is business succession planning?

Building a successful business will take years of hard work and dedication.  Once you have established your business, it is important that you take steps to protect its legacy.  An unexpected death of the owner or manager of a business could destroy the company if a succession plan is not in place.  With

What are the advantages and disadvantages of a partnership?

Selecting a business structure is one of the most important decisions you can make for your new business.  Your business structure will impact your ability to grow and raise capital, designation of business duties, taxes, and much more.  For business owners with a partner, the most obvious choice for your new business may be a partnership.
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What steps should I take if I am considering opening a franchise?

Franchise businesses are booming in Lubbock, Texas and across the state.  In recent years, entrepreneurs have flocked to Lubbock to open a wide array of franchises.  Well known businesses like Dunkin’ Donuts, Panera Bread, Baskin-Robbins, and BurgerFi are experiencing success in the region, despite initial concerns from national franchise corporate owners.  As a smaller city, some franchise owners were reluctant to open locations in Lubbock, but attractive real estate prices and a strong customer base have leant themselves to franchise success.  

How can I protect my business name through trademark law?

Your business’s name is of critical importance to your company’s success.  Your name identifies your brand and signifies your reputation.  If another company opens a business with a similar name, it could confuse customers and negatively impact your profits.  

How could the Texas appellate court’s ruling impact my company policies?

Texas’s Second Court of Appeals recently examined an issue of first impression—can an employee who is taking leave under the Family and Medical Leave Act (FMLA) obtain unemployment benefits under the Texas Labor Code?  In a favorable holding for employers, the Texas court held that no, an employee cannot simultaneously receive FMLA and unemployment benefits.  The case clarifies an important issue for employers and speaks to the importance of drafting concrete company policies set out in a comprehensive employee handbook.