Risk Protection: Your Next Step – Protección Contra Riesgos: Su Próximo Paso
Most small businesses have been given the advice to operate within the protection of a corporate entity or similar company structure such as a limited liability company (L.L.C.) as a solid measure for risk protection. However, we would suggest that forming such an entity is just the beginning step in risk protection for shielding your […]
Employer Liability for the Acts of Independent Contractors – Responsabilidad del Empleador Por Las Leyes de Los Contratistas Independientes
In today’s busy world, there are a number of ways that a small business owner, a general contractor, an independent subcontractor, or an owner of land find the need to have some construction performed. Perhaps they need some equipment repaired or installed. Unfortunately, in the process of these functions, a client or worker can sustain […]
There Is Nothing More Expensive Than a Poorly Drafted Contract – No hay nada mas caro que un contrato mal Escrito
As a young lawyer, I had the opportunity to listen to a District Court Judge admonishing another attorney about his argument to the Court. After a while, the judge ruled against his client telling him ”. . .there is nothing more expensive than a poorly drafted contract.” Not being a part of this case, I was […]
Outside General Counsel – Consejero General Externo
Thomas M. Fountain & Associates has several programs marketed to the small to mid-size business owner by which to assist those companies which do not require a full time on staff general counsel. Whether it be litigation, transactions, or regulatory compliance, we can help! Just a few ways we do that would be in providing […]
Newsflash for Employers – Religious Discrimination
The EEOC has just filed a suit against an Employer (Decostar) who, according to the EEOC, discriminated against their employee because the Employer attempted to force the employee to work overtime against their religious beliefs. The release by the EEOC reads in part: “According to the EEOC’s suit, Decostar violated federal law by firing Dina […]
General Counsel for the Small Business Owner
With our economy starting to recover over the past few months, we are seeing many small business owners prepare to re-enter the market or expand their services. New clients are sought, new deals are negotiated, and new contracts are needed. To help our client’s navigate the maze of new legal cases which are decided every […]
Risk Shifting~Texas Contracts & Insurance Agreements
In Texas, there are two accepted ways of shifting the risk to another using contracts and insurance agreements. One is to contract it away using an indemnity clause. An indemnity agreement is a promise to safeguard or hold the one of the contracting parties harmless against either existing and/or future loss, damage or injury liability. Obviously, […]
Why Outside General Counsel? Part 2~Negotiation of Office Leases and Insurance Policies.
In The Woodlands Texas, and especially in the Greater Houston, Texas area, one of the unfortunate consequences of the recent downturn of oil and gas prices, has been what is often phrased as a “buyer’s market” in the commercial real estate market. Many businesses have decided to take advantage of this by investigating new […]
Why Outside General Counsel? Part 1….
Occasionally, it is necessary for an organization to conduct an inquiry to discover salient facts which pertains to acts or omissions that can generate civil or criminal liability for an organization. Whether it be irregular stock trades, allegations of illegal employment discrimination, a civil lawsuit, a key employees sudden departure, or a grand jury subpoena, […]
Outside General Counsel Program for Small Business Owners
After planning for many months, Thomas M Fountain & Associates, PLLC is now offering a new program focused toward the small business owner. While most large and even medium sized business have hired attorneys to act as General Counsel, most small companies and those in the start up modes, do not wish to allocate funds […]