Daycares, Parents, and Court Orders
Written by Waldron & Schneider Attorney Kimberly A. Bartley. As a daycare owner in Texas, when parents are parties to a custody agreement outlining when each parent’s visitation period begins and ends, are you bound by the Court’s Order? The Texas Administrative Code contains the minimum standards acceptable for a daycare’s activities. These including addressing […]
New Overtime Rules Effective January 1, 2020
New Overtime Rules Effective January 1, 2020 Welcome to 2020! A new decade, a fresh start, and new overtime rules for non-exempt employees. Beginning January 1, 2020, under the Fair Labor Standards Act, the minimum salary an employee seeking to qualify for the executive, managerial, professional and outside sales overtime exemption must earn to be […]
Changes to Texas Franchise Tax Rules
Changes to Texas Franchise Tax Rules It is extremely important to file your Texas Franchise Tax Report and Public Information Report with the Texas Comptroller timely by May 15 every year. Still, it is common for business owners to miss, which can lead to personal liability. Additionally, it can lead to penalties being assessed by […]
Confessions of Judgment & The End of An Era
Confessions of Judgment & The End of An Era A Confession of Judgment (“COJ”), a popular tool used by many New York based lenders, is a document signed by a borrower before they receive the loaned funds that waives the right to due process if a debt is not timely repaid. By signing a COJ, […]
What Relief is There for a Fraudulent Transfer?
What Relief is There for a Fraudulent Transfer? The remedies available under TUFTA are quite broad. In an action for relief against a transfer or obligation under TUFTA, a creditor may obtain (1) avoidance of the transfer or obligation to the extent necessary to satisfy the creditor’s claim; (2) an attachment or other provisional remedy […]
Basic Information on Fraudulent Transfers
Basic Information on Fraudulent Transfers WHAT IS A FRAUDULENT TRANSFER? Fraudulent transfer claims are intended to prevent debtors from defrauding creditors by placing assets beyond their reach. Texas has a statutory cause of action through which a creditor may seek recourse for a fraudulent transfer of assets or property. The Texas Uniform Fraudulent Transfer Act […]
Should you use an online legal form company for your business?
Should you use an online legal form company for your business? The proliferation of Internet usage and access has increased the use of online legal form companies by business owners. Many owners look to various websites and form services for entity formation documents, employment agreements, asset purchase agreements, contracts with third parties, and other general […]
What is a Trademark?
What is a Trademark? According the United States Patent and Trademark Office (“USPTO”), a trademark is “a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of others.” Similarly, a service mark is “a word, phrase, symbol, and/or design that identifies and distinguishes the source […]
Competitive Advantage: Trade Secret Overview
Competitive Advantage: Trade Secret Overview To succeed, most businesses require a competitive advantage of some kind. One category of competitive advantage includes trade secret. In Texas, trade secret was governed by case law until 2013. In 2013, Texas adopted the Texas Uniform Trade Secrets Act (TUTSA). TUTSA is based on UTSA which was originally published […]
Using an Assumed Name in Business
Using an Assumed Name in Business Often, a company desires to conduct its business under a name different from its legal corporate name. This desire may arise from the inability to incorporate under the desired name or as a means of asset protection. To accomplish these goals, the State of Texas provides that an individual […]