Tag: Business Law
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Key benefits of keeping an attorney on retainer
Keeping an attorney on retainer means entering into an ongoing agreement with a lawyer or law firm, where the client pays a regular fee (often monthly or annually) to secure access to legal services as needed. This arrangement ensures that the attorney is available to provide legal advice, handle routine matters, and address urgent issues Read more
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When the lights go out in Texas
Texas law allows residents to bring lawsuits against utility companies for damages resulting from power outages, but the scope of such suits is tightly constrained. Regulatory tariffs approved by the Public Utility Commission of Texas (PUC) generally limit utility liability for ordinary negligence, and courts have consistently enforced these limitations, allowing exceptions only for gross Read more
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The Texas App Store Accountability Act
The Texas App Store Accountability Act establishes a regulatory framework for mobile app stores and developers, requiring them to verify user ages, obtain parental consent for minors’ app downloads and purchases, limit and protect personal data, and provide clear disclosures about app content and age ratings. The Act applies to app stores distributing software to Read more
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Codification of the Business Judgment Rule in Texas
In 2025, Texas enacted statutory reforms that codify the Business Judgment Rule for Texas-incorporated public companies, establishing a strong presumption in favor of directors and officers and raising the pleading and proof standards for claims against them. The same reforms also authorize these companies to set, in their governing documents, a minimum shareholder ownership threshold Read more
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The Four-Corners Rule
The four-corners rule is a principle of contract interpretation requiring courts to determine the meaning and intent of a written agreement solely from the text within its four corners, without considering extrinsic evidence unless the contract is ambiguous. Texas courts follow this rule in both general contract and insurance contexts, with limited exceptions recognized primarily Read more
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Does Texas enforce Covenants Not to Compete?
Texas law permits the enforcement of covenants not to compete, but only under specific statutory conditions. The Texas Covenants Not to Compete Act, codified in the Texas Business and Commerce Code, requires that such covenants be tied to an otherwise enforceable agreement and be reasonable in their restrictions regarding time, geography, and scope of activity, Read more
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What Alternative Dispute Resolution (ADR) options exist in Texas?
The most common Alternative Dispute Resolution (ADR) methods used by businesses in Texas are mediation and arbitration, with additional use of mini-trials, early neutral evaluation, and neutral fact-finding in appropriate cases. Mediation is favored for its informality, confidentiality, and focus on voluntary settlement, while arbitration is chosen for its binding, private, and streamlined adjudicative process. Read more
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Does my dispute belong in the Texas Business Courts?
The Texas business courts were established by Chapter 25A of the Texas Government Code, as amended by House Bill 19 and subsequent legislation, including HB 40. They have concurrent jurisdiction with district courts over certain high-value business disputes, with jurisdictional prerequisites including specific subject-matter categories, a minimum amount in controversy (generally $5 million as of Read more