Texas Business Litigation Legal Questions

The copyright on the song does not cover its title.  I suggest, however, that you find a trademark lawyer to run a trademark search on this title to see if the owner of the song or someone else is using or has registered as a trademark the combination of words in this phrase.  Even if you are able to register a non-profit with this name with the state authority, that does not mean you are free to use that name publicly if another party has prior trademark rights in the same or a similar name for the same or similar services.... Read More

It sounds like you have a strong case.  I suggest you make a careful survey of what the employee may have taken with him.  For example, computer files and paper copies made on your copier.  Hold a meeting with your employees and ask them if they witnessed the employee making copies or copying computer files.  Find a lawyer who has experience with trade secret and proprietary rights cases. You can now sue in Federal Court under the new Defend Trade Secrets Act.... Read More

You would have a claim if the bank acted negligently in closing the account when it should not have.  However, absent a court order or a contrary provision in the account agreements, I know of no law (although I am not a Texas lawyer) that prohibits one owner from closing a joint account, divorced or not.  Your husband may have done something wrong, but I'm not sure that the bank has.... Read More

They can quit, too. In order to determine whether other relief is even theoretically possible, you'd have to provide much more detail to more fully describe this alleged "hostile" environment. If by hostile, you just mean the boss is a jerk, you likely have no complaint, and should learn to accept certain facts of life. Or,  start your own business, and be the kind of person you think others would want to work for. Whether your example would succeed in business setting is a separate discussion. Either way, there are not enough facts provided here for any attorney to say much more than that, presently. ... Read More

You can't be compelled to be deposed in Florida if you live in Indiana.  Rather, plaintiff will have to depose you in Indiana unless you voluntarily agree to travel to Florida.  Thus, you can refuse to travel to Florida unless your reasonable expenses are paid.  Since this is a voluntary agreement, you can ask for whatever you want, but plaintiff will be careful to agree to pay only reasonable and necessary expenses, lest he/she/it be accused of buying your testimony (of course, this is not really an issue if the plaintiff and defendant split the costs).  If you can't reach agreement, and you are compelled to testify in Indiana, you will receive only minimal compensation, if any. BTW, if they don't want to travel to Indiana, why don't they just depose you by phone, or video conference?... Read More

I'm very sorry for your loss. It may be that the bars could lose their license and/or the servers could possibly serve jail time, but you have no official say in these proceedings.  The best you can do is to try to convince the local district attorney, and liquor authority, to proceed against the bars, and to seek the maximum penalties allowed.  However the ultimate choice of whether to do so is up to them. You may have standing to bring a civil suit against the bars, but the sole remedy you could obtain would be money damages, not criminal or quasi-criminal sanctions, like jail time or the revocation of a liquor license.... Read More

I assume that you are quoting from a lease under which you or your business are a tenant. I don't know if I can give you a definitive answer, but if it were up to me, I would certainly consider your Jeep with a sign on it parked in the center to be a mobile sign for which you need the landlord's permission.  It just doesn't make sense for that type of sign to be excluded from the clause.  The landlord has just as much of an interest in exercising control over tenants' advertising in their vehicles which are parked in the center as it does in exercising control over any other type of advertising.... Read More

I am assuming you two were 50-50 partners in your venture. In which case, both of you are responsible for the profits and losses. You could sue your former business partner for the share of profits owed to you as well as for the money he used for his personal expenses under the theory of breach of contract (although there's no written contract, you two agreed to go into business together) and unjust enrichment because business funds were used for his personal expenses. ... Read More

Yes, a natural person can make a commercial loan in Texas. Whether the loan is "commercial" in nature depends on the borrower's purpose at the time of loan origination. The Finance Code defines “commercial loan” to mean a loan that is made primarily for business, commercial, investment, agricultural, or similar purposes. The term does not include a loan made primarily for personal, family, or household use. Fin. Code § 306.001(5). Computation of the correct amount owed is a separate issue. Obviously, you have to pay only what you owe. It is not possible to determine from your inquiry whether this loan is of a type on which more than 18% interest may be charged, because you do not supply sufficient facts.... Read More

Your inquiry seems to raise two separate issues. First, whether you are required to pay for an additional full day if you return the car two hours late depends on the terms of the contract you signed. You need to read the contract you signed to determine whether this is a proper charge to you. The second issue you raise appears to be related to "access" to the vehicle after you returned your car. You do not suggest any reason why you needed or were entitled to access to a rented car after the lease ended.... Read More

Generally speaking, when somebody from India uses the word property, they mean "real estate" (we use the term "property" in the U.S. to include a variety of different kinds of property, including both moveable property and intangible property). So, assuming you are interested in taking real estate as security for the debts of a Texas business, you have the following steps to complete: 1. You will need to have an appraisal performed of the property by an independent appraiser. An attorney can assist you in doing so. 2. You will need to perform a so-called "title search" to determine whether the debtor owns the property and the status of any prior claims on it. Your attorney can arrange for this, too. 3. You will retain your interest in the property by taking a mortgage or similar "security instrument" on it. Under the terms of the mortgage, the debtor will remain liable for property taxes and will be required either to deposit the property taxes with you or your agent (so that you can be assured of their payment), or you can require him to provide proof of payment. Your attorney will draft the security instrument and a promissory note evidencing the debt. The note will provide for an award to you of all of your expenses, including collection costs, if the debtor does not pay. 4. In the event that the debtor defaults and you need to sell the property, you will, in general, be required to commence a lawsuit to "foreclose" the mortgage and sell the property. Those are steps undertaken by an attorney as well. The process can take several months and cost many thousands of dollars. Those costs are recoverable from the debtor or from the sale proceeds of the property. My office represents lenders worldwide and would be happy to assist you with this matter. You should plan on legal costs of a few thousand dollars to document the loan and security interest. In addition, there may be another few thousand dollars associated with appraising the market value of the property and determining the status of title. You will wish to purchase and pay for, at the debtor's expense, title insurance that guarantees your title. It is strongly recommended that you obtain a cash payment in advance from the debtor in order to defray your transaction costs and that the debtor remain responsible not only for the amounts he already owes you but also for all of your costs in obtaining, perfecting, policing and collecting your debt. My office number is +1 203 399 1320.... Read More