Legal lifecycles of businesses – shareholder and buy-sell agreements - part two

by John Drisdale

Drisdale Law Firm

John Drisdale is a principal in the Austin area business law firm of Drisdale Law Firm. Drisdale believes in Ben Franklin’s theory that preventive legal costs are typically a fraction of remedial legal costs such as litigation and dispute resolution. John graduated second in his 1979 law class at Baylor University and was Editor in Chief of the Baylor Law Review. He is a published author and speaker on several important legal topics that affect small business including business entity formation, buy-sell agreements, purchasing and selling businesses, contracts, and commercial real estate. His professional experience includes practicing business law as a partner in an international law firm and serving as general counsel for a publicly traded global corporation. John now focuses on the "entry to exit" preventive business law needs of small to mid-size businesses. Drisdale limits his law practice to the areas he knows best and helps his clients manage the rest. Litigation, tax and other specialty matters are referred to other attorneys and professionals. John’s practice is based in Lakeway Texas where he has been an active Board member of the Lake Travis Chamber of Commerce for many years. He enjoys making business owner educational presentations to area groups and is a lifetime learner.

This is the second of 18 articles tracing the legal lifecycle of a business from its formation, through its operation and to its sale. As a Texas attorney located in Lakeway, Texas (outside of Austin in Central Texas), John Drisdale is limiting these articles to a summary of Texas and federal legal matters. As these articles evolve, their numbering and order may be adjusted or supplemented by his blogs as appropriate.

Topics: Legal, Articles

Is the non-compete clause in your employment contract enforceable?

by James Blake

The Blake Law Firm, PLLC.

James Blake is a growth-oriented business attorney who strives to be a creative business partner, to identify value-add opportunities, and to crystallize the relationships, structures, and processes that will drive your commercial success. James Blake practices law in Texas and Hawaii, and has protected the interests of businesses across a broad range of industries, including technology, construction, service and retail, food and beverage, franchisors and franchisees, product manufacturers, and investors. His work experience encompasses commercial transactions, litigation, and advising business operations in the U.S., Africa, and Asia. James was an editor of Law Review at the University of Hawaii and conducted international commercial law research for the Institute of Asian Pacific Business Law. He served as the Official Reporter for the 2008 IAPBL China Enterprise Bankruptcy Law Symposium held in Hong Kong, and in the same year worked at a large firm in Singapore. James currently advises clients in international business and investment issues in addition serving his client’s legal and business needs in Hawaii and Texas. Currently based in Austin, Texas, James is an avid writer and enjoys speaking at business-law seminars in addition to his legal practice. In his spare time, James enjoys sculling and kayaking on Ladybird Lake, outdoor photography, and supporting visual and performing arts.

You can’t believe everything you read – even when it’s your own contract. Many employers believe that their non-compete clause provides legal recourse against employees who leave a company and take its business processes and/or clients. Yet Texas case law has not been very kind to employers trying to enforce these provisions. To avoid loss and heartache, it’s imperative for business owners to get sound legal advice and to make wise decisions in selecting and managing their employees.

Topics: Legal, Blog Posts