Navigating a breach of contract in your Texas business
Brophy & Devaney Blog
by bkabritsor
1w ago
Running a business in Texas involves many agreements and contracts, whether with suppliers, customers or service providers. These documents are necessary as they define the obligations and expectations of all parties involved. However, situations may arise where one party fails to fulfill their end of the bargain, leading to a breach of contract. Such breaches can disrupt your business operations and potentially lead to significant losses. Understanding how to handle these situations effectively is important to protecting your business and its interests. Identify the breach The first step in d ..read more
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Recognizing unfair competition in your industry
Brophy & Devaney Blog
by bkabritsor
1M ago
As a business owner, you work hard to succeed. Unfortunately, unfair competition in your industry can provide other companies with advantages that no amount of hard work can overcome. Recognizing signs of unfair competition and taking appropriate action can help you protect your business and maintain fair practices. Pricing discrepancies One clear sign of unfair competition is sudden and unexplained pricing discrepancies. If a competitor drastically reduces prices without a clear explanation, it could be an attempt to undercut others. Keep a watchful eye on such fluctuations in your industry ..read more
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5 ways to safeguard your small business during a divorce
Brophy & Devaney Blog
by bkabritsor
3M ago
Divorce can be a challenging and stressful process, especially for small business owners. In Texas, where community property laws apply, protecting your company during a high-asset divorce is important. Luckily, there are practical steps to safeguard your business interests. 1. Keep meticulous financial records Maintaining clear and accurate financial records is the foundation of protecting your small business during a divorce. Create a comprehensive system that details income, expenses and assets. Regularly update these records and store them in a secure location. 2. Separate personal and bus ..read more
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Signs of discrimination in your workplace
Brophy & Devaney Blog
by bkabritsor
4M ago
In workplaces across Texas, discrimination remains a significant issue. It not only affects individuals directly involved but also creates a negative environment for everyone. Discrimination at work is illegal, but it can be subtle and challenging to spot. Recognizing the signs of discrimination is important to identify and address it in your workplace. Unfair treatment One clear sign of discrimination is receiving unfair treatment. This includes getting overlooked for promotions, missing out on opportunities or facing harsher penalties for similar mistakes compared to others. If you notice yo ..read more
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What to do if the authorities accuse you of churning
Brophy & Devaney Blog
by bkabritsor
5M ago
According to the United States Sentencing Commission, the courts sentenced almost 200 people in 2022 for securities fraud, and some of those crimes were for churning. Being accused of churning by Texas authorities can be a serious allegation. Churning refers to the practice of executing excessive trading by a broker on a client’s account to generate commissions without regard for the client’s investment objectives. It is not just unethical; it is illegal and can have severe consequences. If you find yourself facing such an accusation, it is important to understand the gravity of the situation ..read more
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Key elements of a comprehensive merger contract
Brophy & Devaney Blog
by bkabritsor
6M ago
Whether you are a small startup merging with a competitor or a large corporation acquiring a promising business, a well-crafted merger agreement is important. This document outlines the terms, conditions and expectations of the merger, ensuring that both parties are on the same page and minimizing potential disputes. There are a few key elements to include in your merger agreement. Structure overview The agreement should clearly outline the structure of the merger. Define whether the purchase is stock or asset-driven and if it is one-sided. This creates the framework for the entire contract. W ..read more
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What are the benefits of a noncompete agreement?
Brophy & Devaney Blog
by bkabritsor
8M ago
In 2023, Senator Marco Rubio introduced a bill to outlaw non-compete agreements known as the Freedom to Compete Act of 2023. While the bill did not go far, it was a look at the controversy about these types of clauses in business. Some people feel they are too restrictive. The U.S. Chamber of Commerce noted over half of all states have put restrictions on their use. However, others can see some important benefits. Protect intellectual property Noncompete agreements can safeguard a business’s intellectual property and trade secrets. In today’s information age, knowledge is power, and protecting ..read more
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Navigating asset division in a high-asset divorce
Brophy & Devaney Blog
by bkabritsor
9M ago
A divorce is always a complex process, and this complexity can increase exponentially in a high-asset divorce. The term “high-asset divorce” refers to divorces involving substantial financial assets, such as real estate, business interests, investment portfolios and more. If you are getting a high-asset divorce, it is important to understand how Texas law governs the division of these assets. Community property Texas’ community property laws typically mean that all assets and income acquired during the marriage are subject to division between the spouses. This can include real estate, vehicles ..read more
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What is trade secret theft in a business?
Brophy & Devaney Blog
by bkabritsor
10M ago
According to the U.S. Census Bureau, there were over 625,000 businesses in Texas in 2021, and many of those businesses have trade secrets. If you own a business, you know that trade secrets can be one of your most valuable assets. They can provide you with a competitive edge and can include anything from a unique process to a proprietary recipe. If others gain unauthorized access to these secrets, your business could suffer, so it is important to know what to do if someone steals your trade secrets. What does Texas law consider a trade secret? A trade secret refers to any information that give ..read more
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Gender discrimination in the workplace: Recent case provides important lessons
Brophy & Devaney Blog
by dana.patel@thomsonreuters.com
11M ago
A study out of the University of Houston Institute for Research on Women, Gender & Sexuality found that the wage gap between men and women is of particular concern in Texas. The researchers report that the gender gap is higher than the national average and that the average woman in Texas makes 69.4 cents on the dollar made by the average man. The data is important for employers and employees alike, as employers work to avoid these claims and employees try to better ensure they receive fair pay for their work. Workers who believe that they are the victims of discrimination may file suit aga ..read more
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