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Austin Business Litigation Blog

Fiduciary duties: What every business director should know

Fiduciary duties are an intimidating concept for many in the business world — and understandably so. Directors and officers can be held personally liable for violating these duties. Knowing what they are — and how to comply with them — is thus crucial to fulfilling your role in a business.

 

Ways to protect yourself when buying or selling a business

Buying or selling a business is always a big decision. Not only is there the potential for lots of money to change hands, it represents a new direction in your own career path. Because so much is at stake, it means you want to be as thorough as possible.

Making a mistake on a sale or purchase could result in regret down the line, with opportunities to address these problems having long passed you by. Here are a few things to keep in mind if you’re thinking about buying or selling a business.

Texans can sue Texas with Texas' approval

You can't fight city hall, they say. Some Texans may be surprised that this saying has its roots in British common law from well before the USA existed. The idea is "sovereign immunity" and is simply that governments are immune from lawsuits brought against them using their own laws.

Texas, like the federal and other state governments, also enjoys this immunity. But like those other governments, Texas has chosen to declare itself partly suable by waiving its immunity under certain circumstances.

What are the main kinds of construction defects?

When it comes to construction projects, there are plenty of parties involved. There is the property owner, the general contractor, sub-contractors and sometimes an architect or designer. During a project, all these parties need to communicate with one another to get the job done.

Sometimes, things don’t go as planned.

Is construction mediation right for you?

Disputes between the various parties involved in a construction project are not uncommon. What is unacceptable about disputes is the time and money they cost. That’s why mediation is often the go-to route to resolve disputes.

Mediation not only allows for a quicker and often less expensive resolution than going to court, it can also help maintain the relationships between businesses that will eventually work together on another project.

Signs your business partnership may not be working

If you’ve entered into a partnership, you expect it to give your company an edge. An ideal partnership allows both sides to contribute unique strengths and make each other stronger.

Unfortunately, many partnerships are less than ideal. Here are a few signs your partnership may not be the optimal arrangement for your business:

Structures to consider when forming a business

If you are starting your own business, you will have to consider what tax entity your company will operate under. This important decision will establish the structure of your business, as well as the personal risk you are prepared to accept and the investment opportunities your business may provide. Because this decision can affect so many aspects of your business, it is important to be well-educated on your options before making making up your mind.

Sole proprietorships

City of Austin sued by MetCenter for change of plans

The Austin City Council agreed to lease a location from MetCenter for 10 years at a cost of $31 million to house the new Municipal Court. That was in May. Now MetCenter is suing the city for pulling out of the deal. The agreement was tentative, but MetCenter alleges bad faith negotiations and double-dealing. 

What businesses should pay attention to in commercial leases

When you’re starting a business, one of the main expenses is a commercial space.

If you don’t want to commit to purchasing commercial property, then leasing is your best option. What some business owners don’t realize is what’s not in the lease is just as important as what is.

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