New FTC Rule Bans Noncompete Agreements in Employment Contracts Federal Trade Commission (FTC) Issues New Rule Banning Certain Noncompete Agreements In a significant development, the Federal Trade Commission (FTC) has issued a new rule banning noncompete agreements in employment contracts. The rule, which comes into effect on July 1, 2024, marks a major shift in employment law and is aimed at promoting competition, enhancing labor mobility, and empowering workers. Noncompete agreements, commonly included in employment contracts, restrict employees from working for competing companies or start ..read more

Beneficial Ownership Information (BOI) Form - New Filing Requirements for Legal Entities In recent years, there has been a significant push for increased transparency and accountability in corporate structures. One of the notable developments in this regard is the introduction of Beneficial Ownership Information (BOI) reporting requirements. What is a Beneficial Ownership Information (BOI) Form? Beneficial ownership information refers to identifying information about the individuals who directly or indirectly own or control a company. The newly enacted requirement that requires entities to ..read more

Parental Alienation | Texas Child Custody Attorneys What is Parental Alienation? Parental alienation is an unsettling situation that can emerge during high-animosity custody disputes and divorce proceedings. It involves one parent, referred to as the alienating parent, manipulating their child to reject the other parent, known as the targeted parent. Below we delve into the characteristics, consequences, and potential resolutions of parental alienation. Parental alienation occurs when a child, influenced by Parent A, refuses to have a relationship with the other parent out of the blue. This ..read more

Transferring a Foreign Limited Liability Company (LLC) to the State of Texas  Moving your Limited Liability Company (LLC) to Texas can offer numerous advantages due to the state's robust pro-business climate. Texas is renowned for its absence of a state income tax, a benefit that extends to individual members of LLCs, potentially reducing the overall tax burden compared to states with higher personal income taxes. This factor alone makes Texas an attractive option for entrepreneurs looking to maximize their earnings. Beyond tax benefits, Texas provides a welcoming environment for busines ..read more

Texas Family Code Authorizes A Party To Seek Interim Attorney’s Fees The Family Code provides no guidance as to the amount of attorney's fees that may be awarded on an interim basis; however, such Guidance could be found in case law: Texas Family Law Code § 6.502. Temporary Injunction and Other Temporary Orders states the following:  ”(a) While a suit for dissolution of a marriage is pending and on the motion of a party or on the court's own motion after notice and hearing, the court may render an appropriate order, including the granting of a temporary injunction for the preservation ..read more

Understanding Consumer Perception in Trademarks Trademark law, underpinned by the Lanham Act of 1946, is essential for establishing and protecting brand identity in the United States, ensuring that logos, names, and slogans that differentiate products and services are safeguarded. This legislation aims to prevent confusion among consumers, enabling informed choices based on the reputations of trusted brands. Central to this objective are the legal concepts of "passing off" and "reverse passing off," which are crucial for defending both businesses and consumers from deceptive marketing practic ..read more

Assessing Mental Capacity to Enter Contracts in Texas The concept of mental capacity plays a crucial role in legal contexts, including entering into litigation, making contracts, and executing wills. Mental capacity refers to an individual's ability to understand the nature and effects of their actions and decisions. In the legalese, this often translates to the capacity to understand legal proceedings, make decisions that are in one's own best interests, and manage one's affairs. Mental Capacity in Legalese Mental capacity is not a one-size-fits-all standard, it varies. Your capacity to m ..read more

The Need for a Prenuptial Agreement in Texas In 1987, Texas took a significant step forward in the realm of matrimonial law by adopting the Uniform Premarital Agreement Act (UPAA). This pivotal move was aimed at standardizing the legal landscape around prenuptial agreements, also commonly referred to as premarital agreements. The UPAA, initially drafted in 1983 by the National Conference of Commissioners on Uniform State Laws, seeks to offer a consistent legal framework for drafting and enforcing these agreements. For couples considering marriage in Texas, the adoption of the UPAA means that ..read more

Understanding Life Estates: A Guide to Getting Your Estate On "Have you ever wondered what happens to your home after you pass away?" This question nudges many towards the intricate paths of estate planning, eager to find solutions that ensure their property sails smoothly into the hands of their loved ones, without causing them the stress that can come with probate. Among these solutions, setting up a life estate often emerges as an appealing choice for its direct approach and distinct perks. However, it's important to weave in a note of caution—life estates come with their own set of drawba ..read more

Color Trademarks and the Trademark Office Trademarking colors in the United States represents a fascinating intersection of intellectual property law and brand identity. As companies seek to distinguish themselves in a crowded marketplace, the use of specific colors has emerged as a powerful tool for creating a recognizable brand identity. However, the path to securing a trademark for a color is nuanced, guided by legal principles that balance the need for brand differentiation with the broader public interest. The Lanham Act's Role in Coloring Trademark Law Did the Lanham Act always protec ..read more