Texas Business Law Questions & Answers
Q: How many years is considered a statue of limitations in the case of defamation?
1 Answer
| Asked
in
Business Law, Civil Litigation, Libel & Slander and Personal Injury
for
Texas
on
Answered on Jun 21, 2018
Answered on Jun 21, 2018
Kim Jones Penepacker's answer
Texas has a one year statute of limitations for defamation under the Texas Civil Practice and Remedies Code section 16.002. However, the one-year period depends on the date the cause of action "accrued," meaning the date the one-year clock started ticking. You should contact an attorney who practices in this area to evaluate when the clock on the statute of limitations started running and to evaluate if you are still within that time period.
Texas has a one year statute of limitations for defamation under the Texas Civil Practice and Remedies Code section 16.002. However, the one-year period depends on the date the cause of action "accrued," meaning the date the one-year clock started ticking. You should contact an attorney who practices in this area to evaluate when the clock on the statute of limitations started running and to evaluate if you are still within that time period.
Q: What type of lawyer would I need to get?
1 Answer
| Asked
in
Contracts, Criminal Law, Business Law and Civil Rights
for
Texas
on
Answered on Jun 4, 2018
Answered on Jun 4, 2018
Q: We paid cash money upfront and the individual has yet to do the job and isn’t going to do the job. What can we do?
Gary Kollin's answer
There is a possibility he can be reported to the authorities for fraud. His past history for failing to complete jobs would be a factor.
Otherwise, sue him
There is a possibility he can be reported to the authorities for fraud. His past history for failing to complete jobs would be a factor.
Otherwise, sue him
Q: I am planning to book/hold a new name I like for my possible business name. I want no one else use or take it
Benton R Patterson III's answer
A trademark attorney can help you protect your business name and advise on potentially conflicting trademarks. You should speak with a Texas trademark attorney in a confidential consultation.
A trademark attorney can help you protect your business name and advise on potentially conflicting trademarks. You should speak with a Texas trademark attorney in a confidential consultation.
Q: Received letter 2day from Git-R-Done Productions,Lawyers telling me 2 change my comp. name or else from Git-R-Done Limo
1 Answer
| Asked
in
Contracts, Copyright, Business Law and Trademark
for
Texas
on
Answered on May 1, 2018
Answered on May 1, 2018
Jason Brooks' answer
This production company is owned by the comedian, Larry the Cable Guy who has trademarked the phrase "Git-R-Done" in a variety of different classes. If they happen to own the trademark in the class which would include limo/shuttle services, then they have a right to demand you cease and desist use of the phrase in connection with your business, as it creates confusion with their mark. With that said, if they don't own trademark rights in this class, you have reasonable justification of use if...
This production company is owned by the comedian, Larry the Cable Guy who has trademarked the phrase "Git-R-Done" in a variety of different classes. If they happen to own the trademark in the class which would include limo/shuttle services, then they have a right to demand you cease and desist use of the phrase in connection with your business, as it creates confusion with their mark. With that said, if they don't own trademark rights in this class, you have reasonable justification of use if...
Q: Do we need to start a new LLC for a building and land in TX and do we need both in the new LLC's name?
Benton R Patterson III's answer
Texas law does not require you to put the building in an LLC, although doing so may provide liability protection. An attorney would need to understand the entire situation and review the title documents to advise on how to structure the LLC and what assets it should hold.
Texas law does not require you to put the building in an LLC, although doing so may provide liability protection. An attorney would need to understand the entire situation and review the title documents to advise on how to structure the LLC and what assets it should hold.
Q: if a person is member of two LLCs and one gets a loan and defaults. can collectors come after the other LLC ?
Benton R Patterson III's answer
This is not common, but possible. An attorney would need to review the loan documents and know more about how the two entity are related to answer this question for sure.
This is not common, but possible. An attorney would need to review the loan documents and know more about how the two entity are related to answer this question for sure.
Q: I am using cryptocurrency investment profit for closing costs. They dont accept it.
1 Answer
| Asked
in
Banking, Business Law, Civil Litigation and Contracts
for
Texas
on
Answered on Apr 20, 2018
Answered on Apr 20, 2018
Benton R Patterson III's answer
In Texas, businesses do not have to accept cryptocurrency as payment. Your best bet is probably to sell the cryptocurrency for US dollars and transfer the money to a standard bank account.
In Texas, businesses do not have to accept cryptocurrency as payment. Your best bet is probably to sell the cryptocurrency for US dollars and transfer the money to a standard bank account.
Q: My friend and I want to open a join business account. We will be opening it with a DBA but I'm concerned about banking
1 Answer
| Asked
in
Banking, Business Formation and Business Law
for
Texas
on
Answered on Apr 20, 2018
Answered on Apr 20, 2018
Benton R Patterson III's answer
Generally, a contract is only binding on the parties who sign the contract. If the bank is not a party to the contract, it does not have to follow it. You and your business partner can contractually agree to limit the money each of you can withdraw from the account. However, you would not be able to enforce the contract against the bank because the bank is not a party to the contract.
Generally, a contract is only binding on the parties who sign the contract. If the bank is not a party to the contract, it does not have to follow it. You and your business partner can contractually agree to limit the money each of you can withdraw from the account. However, you would not be able to enforce the contract against the bank because the bank is not a party to the contract.
Q: why did i get a 1099_misc. I'm not sure I should have been issued one and cant complete my taxes until I have an answer.
Linda Simmons Campbell's answer
It is impossible to say for sure without seeing the document but if you received a car allowance it is generally taxable.
It is impossible to say for sure without seeing the document but if you received a car allowance it is generally taxable.
Q: I want to buy disposable cups from a manufacturer and then sell them on Amazon, however I am worried about patents.
1 Answer
| Asked
in
Business Law, Intellectual Property and Patents (Intellectual Property)
for
Texas
on
Answered on Apr 3, 2018
Answered on Apr 3, 2018
Kevin Flynn's answer
You are correct that this is a legitimate worry. Patent liability attaches to those who make, use, sell, offer to sell, or possess an item that infringes an unexpired US patent.
If your supplier is located outside of the US, the patent owner may sue you and leave it to you to collect from your supplier if you have an indemnity clause with your supplier that the supplier will indemnify you from patent infringement claims. If you provided the specifications to the supplier, then it is...
You are correct that this is a legitimate worry. Patent liability attaches to those who make, use, sell, offer to sell, or possess an item that infringes an unexpired US patent.
If your supplier is located outside of the US, the patent owner may sue you and leave it to you to collect from your supplier if you have an indemnity clause with your supplier that the supplier will indemnify you from patent infringement claims. If you provided the specifications to the supplier, then it is...
Q: Is it legal for me to sell fda approved supplements? Or do I need some type of license first?
1 Answer
| Asked
in
Gov & Administrative Law, Criminal Law and Business Law
for
Texas
on
Answered on Mar 11, 2018
Answered on Mar 11, 2018
Grant St Julian III's answer
It depends on the specific supplements and how you want to sell the (internet only, storefront etc.) Talki with a business/corporate attorney in your area.
It depends on the specific supplements and how you want to sell the (internet only, storefront etc.) Talki with a business/corporate attorney in your area.
Q: Can I claim the assets of a previously dissolved company if my company has the name now?
Benton R Patterson III's answer
No, you cannot claim the assets of a previously dissolved company with the same name. What you are proposing is likely fraud.
No, you cannot claim the assets of a previously dissolved company with the same name. What you are proposing is likely fraud.
Q: I received a 1099 from a wind turbine company for $1770. I never saw or cashed checks siblings did.
1 Answer
| Asked
in
Banking, Business Law, Civil Litigation and Tax Law
for
Texas
on
Answered on Mar 6, 2018
Answered on Mar 6, 2018
Benton R Patterson III's answer
If you never received any money, I would contact the company that sent you the 1099 and have them correct it to list the person who did receive the money.
If you never received any money, I would contact the company that sent you the 1099 and have them correct it to list the person who did receive the money.
Q: Can I be sued for breech of contract if I'm not the owner?
Benton R Patterson III's answer
An attorney would need to review the franchise contract that contains the non-compete clause to answer this question. Most non-compete clauses do not cover extended family members. Although, it is possible it covers promoting other similar businesses.
An attorney would need to review the franchise contract that contains the non-compete clause to answer this question. Most non-compete clauses do not cover extended family members. Although, it is possible it covers promoting other similar businesses.
Q: Posters with Brand name logos on it. Can I use them in a retail store that I'm opening?
Benton R Patterson III's answer
Most likely, you can sell the products. Generally, you are free to resell what you rightfully purchased. There is a possibility that one of the brands may have brand use guidelines that restrict how you can market their products. An attorney would need to know more to give a certain answer to this question.
Most likely, you can sell the products. Generally, you are free to resell what you rightfully purchased. There is a possibility that one of the brands may have brand use guidelines that restrict how you can market their products. An attorney would need to know more to give a certain answer to this question.
Q: As a minor can I enter into a limited partnership with an adult that would give me part ownership of a new business
Salim U. Shaikh's answer
Being a minor your guardian can sign on your behalf. However, your guardian may or may not be liable for any debt, mishap etc. that may accrue provided it is specifically mentioned therein.
Being a minor your guardian can sign on your behalf. However, your guardian may or may not be liable for any debt, mishap etc. that may accrue provided it is specifically mentioned therein.
Q: Just recently I was in a car wreck and taken to the hospital. I called my wife at work and told her what all happened.
1 Answer
| Asked
in
Business Law, Personal Injury and Employment Law
for
Texas
on
Answered on Jan 18, 2018
Answered on Jan 18, 2018
Peter Munsing's answer
fmla only violated if she puts in the paperwork. This is America--you think it violates a law to not allow an employee time to go to an emergency room? If she left, was fired, she could argue it was not wilful misconduct because she was reacting to an emergency. That's about all the law does for her.
fmla only violated if she puts in the paperwork. This is America--you think it violates a law to not allow an employee time to go to an emergency room? If she left, was fired, she could argue it was not wilful misconduct because she was reacting to an emergency. That's about all the law does for her.
Q: Working without contract on IT project. Started 2nd job to make ends meet (IT project taking months). Hurt on 2nd job.
1 Answer
| Asked
in
Business Law, Contracts, Employment Law and Workers' Compensation
for
Texas
on
Answered on Jan 10, 2018
Answered on Jan 10, 2018
S. Michael Graham's answer
You should have a contract. A contract can be written or verbal. Obviously, its much harder to prove up a verbal contract, but if you can then they would owe you the money. I'm not too sure how much they owe you. This may effect where a lawsuit would need to be filed. You should get an email address or communicate with your employer in writing to document efforts to get them to pay. It would be good to speak to an employment law attorney about this.
You should have a contract. A contract can be written or verbal. Obviously, its much harder to prove up a verbal contract, but if you can then they would owe you the money. I'm not too sure how much they owe you. This may effect where a lawsuit would need to be filed. You should get an email address or communicate with your employer in writing to document efforts to get them to pay. It would be good to speak to an employment law attorney about this.
Q: Is there a law against a group of individuals firing their weapons behind a shopping center where they sell ammunition?
1 Answer
| Asked
in
Business Law, Criminal Law and Federal Crimes
for
Texas
on
Answered on Jan 3, 2018
Answered on Jan 3, 2018
Paul Looney's answer
Simple answer? Yes. You can be charged with illegal discharge of a firearm, or unlawfully discharging a firearm in a city limits as Houston has a city ordinance against such conduct, or even deadly conduct. The deadly conduct can even be charged as a felony given the circumstances of the weapon discharge. So, put the gun away and discharge it only on a gun range, while hunting or defending yourself from someone discharging their weapon at you. Good luck.
Simple answer? Yes. You can be charged with illegal discharge of a firearm, or unlawfully discharging a firearm in a city limits as Houston has a city ordinance against such conduct, or even deadly conduct. The deadly conduct can even be charged as a felony given the circumstances of the weapon discharge. So, put the gun away and discharge it only on a gun range, while hunting or defending yourself from someone discharging their weapon at you. Good luck.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
