Dallas Business & Commercial Law Blog

The catalyst of powerful movements is unfortunately often adverse - this is the nature of many examples of real change and progress, most recently the widespread #MeToo campaign taking place on Twitter.

The #MeToo movement, which took root following a wave of high profile sexual misconduct, harassment and assault accusations that started with allegations against film producer Harvey Weinstein, has rapidly grown into an outpouring of confessions made by victims of sexual harassment on a worldwide scale, many of whose stories focus specifically on things that happened in their career or workplace.

When it comes to changing laws, employers need to be very diligent. One of the laws that could be an issue, and that could have a surprising impact on employers, is the TCPA (Texas Citizens Participation Act). This law is something that many employers aren't prepared for, and one that they potentially won't understand the effects of without some research. That can lead them into problems with the new law if they aren't clear on what they need to be doing, what kinds of changes are being created, and how those changes specifically impact them and their employer/employee needs.

Starting a new business is a complex endeavor. There is a great deal of work that needs to be done and there are various factors that will set the stage for the business's long-term success. Many of those factors are in the hands of the business owner: Is there a viable business idea? How will the business stand out from the competition? Is a solid business plan in place? Will the work be done and the hours put in to make the business a success?

However, even the most diligent business owner must take into account external factors that they may have little or no control over. It certainly helps to know that the business will be opening its doors in a city that is friendly to new businesses.

Many businesses force employees to sign noncompete agreements, only to learn later that the agreement does not hold up in court. The reality is that judges look very closely at these agreements when they are at the center of a dispute between an employer and former employee, and they may disapprove of agreements that unfairly hinder a former employee's right to earn a living. For this reason, employers must be diligent in the drafting and signing of these agreements to ensure they are enforceable.