Key Harrington Barnes, PC

December 2014 Archives

Effectively handling ineffective partners

Some Texas business owners are well aware of the frustrations and setbacks that can occur on account of a non-performing business partner. For corporations, in which many of decisions are made via majority voting among shareholders, a partner whose demonstrably lackluster performance is effectively deterring essential business efforts can be overcome by persuading the majority of voters that a course of action nullifying the ineffective partner's ways is best for the business.

Copyright protection and authorship

A company's intellectual property is one of their most important assets. Protecting trade secrets from the competition is crucial for many Texas companies' success. Copyright protection is a large part of retaining the rights to one's work or work created by employees. Business owners should fully understand what they are entitled to claim copyright of and how to ensure they are considered the authors of a work.

Basics of copyright law

Texas residents sometimes wish to seek protection for their intellectual property by securing a copyright. A copyright is a protection that is granted to authors of original material under the 1976 Copyright Act. The material that may be copyrighted can include literature, music, art, choreographed dance, dramatic works and other intellectual works.

Are non-complete agreements enforceable in Texas?

A company in Texas may ask an employee to sign a non-compete agreement as a condition of employment. However, there may be limitations as to what can be included in the agreement. Typically, courts prefer that competition is increased in the marketplace instead of restricted. Therefore, a business may need to prove that it would be harmed if the non-compete agreement was not put into effect.

How to choose a business structure

There are several factors to consider when selecting a business structure in Texas such as the ease of transfer of ownership interests, continuity, management and tax liability. The most common structures are limited liability companies, corporations, general partnerships and sole proprietorships.