Construction litigation has six general stages that you will move through during the process. If you are pursuing a construction industry lawsuit, you may have questions about what will happen next in the case. Understanding these six stages will keep you on track as you work with your lawyer during the construction litigation process. Case Investigation The first stage of every construction litigation matter is case investigation. When you first learn that you might need to sue someone in court, or that you might get sued, it’s necessary to do some investigation. The best person to conduct ..read more

When you need a business divorce, three major issues may arise if your partners are family members. Many small businesses begin as family affairs. Having family involved in the business can benefit everyone. But when things go south with the company, family ties might pose an obstacle to wrapping up your business affairs. You should be aware of the reasons that family businesses break up, how to handle this difficult and emotional situation, and the fiduciary duties you may owe during the business divorce. Why Are You Getting a Business Divorce? In a family business, personal and professional ..read more

Are you working with a lawyer on a case and wondering about the stages of negotiating a settlement? Maybe settlement is a possibility in your case and you want to know what to expect. Maybe you have just begun litigation and are curious how a settlement might occur. There are three main stages of reaching a settlement with the other parties involved in your case: initial investigation, making settlement demands, and reaching a settlement agreement. Initial Investigation If you and your lawyer decide that settlement might be a possibility in your case, the beginning step is doing an initial i ..read more

If you are considering filing a construction litigation claim, you may be wondering what “negligence” means for your claim. Negligence is a legal term meaning a failure to use the care that a reasonable person would use under similar circumstances. In general, negligence litigation may arise when someone’s actions cause harm to another person. To build a successful case, a plaintiff must show that the person committing the negligence breached a duty to the harmed person, and that breach caused the harm. In a construction context, negligence can arise when buildings are improperly constructed o ..read more

Have you received a decision in your lawsuit and want to learn more about Texas civil appeals? It’s important to understand what an appeal is, good reasons to appeal, and what happens during the appeals process. At Henke & Williams, LLP, our lawyers have knowledge of and experience with civil appeals in Texas. When you need advice about an appeal, start with our firm. What Are Civil Appeals? Civil appeals are a higher level of review for your legal case. When you initially file a lawsuit, your case will be heard by a judge and sometimes a jury. At the end of the legal case (unless you sett ..read more

If your business hires independent contractors, here are three important tips to help you. First, you should be aware of the difference between independent contractors and employees. Second, signing an independent contractor agreement is a good idea. Third, you may want more agreements or clauses in place to protect your business while you work with independent contractors. Contractor vs. Employee Under Texas and federal law, independent contractors are treated differently than employees. Texas law states that employment is “a service performed by an individual for wages under an express or ..read more

If you plan to ask employees to sign Texas non-competition agreements, it is important to understand their limitations. Indeed, the Federal Trade Commission’s recent announcement of a proposed rule that would ban noncompete agreements altogether should be a sign to business owners to take a hard look at their employee agreements. Non-competition agreements, or “noncompetes”, cannot keep employees from leaving for a new job. What they can do is create some limited restrictions on which kinds of jobs employees can take or information they can use at the new job. Your non-competition agreements n ..read more

Recently, the FTC proposed a new rule to ban noncompete clauses in employee contracts. The FTC, or Federal Trade Commission, is seeking public comment on the rule. In the meantime, business owners need to understand the impact that the rule could have on their hiring and retention efforts. The Proposed Rule The FTC’s proposed rule would prevent employers from including noncompetition clauses in their contracts with employees. It also would prevent employers from entering into stand-alone noncompetition agreements. More specifically, the rule would make illegal the following practices: Keeping ..read more

If you plan to negotiate a business divorce, be aware that you may owe fiduciary duties to your corporation during the divorce process. Corporate directors and officers are responsible for fulfilling several fiduciary duties in the course of their actions on the corporation’s behalf. These duties can come into play during a business divorce, when personal interests may conflict with corporate interests. The Fiduciary Duty of Loyalty Directors and officers of a corporation must act in accordance with the fiduciary duty of loyalty. In essence, this duty requires you to avoid putting personal int ..read more

People who are going through business divorces may need to decide whether buy-sell agreements work for them. A buy-sell agreement is a useful tool when the end of your marriage may affect your business operations. When you’re going through a marital divorce, it often has implications for your or your spouse’s business. For example, you could receive a divorce decree awarding your spouse a share of your business. Buy-sell agreements can help avoid this scenario. Moreover, buy-sell agreements are useful when you are getting a business divorce for other reasons besides marital divorce. What Is a ..read more