Patricia M. Davis, Attorney At LawPatricia M. Davis, Attorney At Law2024-02-23T19:52:07Zhttps://www.businesslawattorneyhouston.com/feed/atom/WordPress/wp-content/uploads/sites/1303327/2023/03/cropped-pd-siteicon-32x32.pngOn Behalf of Patricia M. Davis, Attorney at Lawhttps://www.businesslawattorneyhouston.com/?p=468282024-02-23T19:52:07Z2024-02-23T19:52:07Zcomes to contracts is a failure to regularly review and update their documents. The fact that you are taking the time to gather information and make a plan to move forward means you are already headed in the right direction.
Why update your employment contracts?
Employment contracts are living documents. They should grow with your business, adapting to changes in labor laws, technological advancements, and shifts in market dynamics. Regular reviews of these agreements help to:
Protect the company from legal pitfalls
Align employee expectations with company objectives
Foster a transparent and trusting work environment
Although it is a good idea to review the entire document, there are some provisions that are more likely to need closer scrutiny than others.
What provisions should I review?
Non-compete clauses often require revision, as the laws around the use of this restrictive covenant are constantly evolving. Make sure your use reflects current legal standards and geographic scope.
Remote work has also changed in recent years. Review these policies to better ensure they reflect your expectations. It is also wise to review provisions that address compensation and benefits. It is important to stay competitive and make sure your approach is compliant with any recent changes to legislation.
Keeping these provisions current not only minimizes legal risks but also ensures clarity and fairness for all parties involved.
The task of updating employment contracts is not merely a legal formality; it's a strategic business move. It demonstrates a proactive approach to workforce management and legal compliance, showing that you value both your business's integrity and your employees' contributions. By regularly revisiting and revising these documents, business owners can create a robust framework for their operations, ready to withstand the tests of time and change. Don't let your business fall behind — make contract review and update a priority today.
]]>On Behalf of Patricia M. Davis, Attorney at Lawhttps://www.businesslawattorneyhouston.com/?p=468222023-12-02T02:10:43Z2023-12-02T02:10:43Zsome tips that are worth considering.
Get the employees involved
Employees tend to bolt faster when they feel like they have no input into or control over a situation, so do everything in your power to give your key players a voice. Ask for their feedback as you talk about how to integrate workforces and systems, and take their suggestions to heart. Make sure that your managers and team leaders engage personally with the staff members you’re hoping to keep.
Offer a retention agreement
A lot of employees leave during and after M&As because they feel uncertain about their place or value. You can ease their fears, show them that they are wanted and gain a commitment from them to stay for a period of time through a retention program. Cash bonuses for staying for a set period, stock options or other incentives can talk very loudly.
Have a clear conflict resolution plan
There are going to be some “bumps in the road” during this process. When conflicts arise, nothing will make an employee feel adrift faster than not having a clear path forward that will allow for a resolution. When conflicts arise, don’t let the issues go unaddressed. Dealing with each situation as it arises can keep operations smooth and build a company culture that prizes transparency.
Look for ways to make the changes positive
Change can be hard for a lot of people to accept – unless it’s overwhelmingly positive for them. When possible, think of an M&A as an opportunity to hit “reset” on system operations and see what you can do to make the workplace more attractive than ever for your employees. Think about offering flex-time, work-from-home or hybrid options to employees who can do their work remotely. The added work-life balance that brings may induce them to stay.
Seeking experienced legal guidance can help you make certain that you’re approaching an M&A in the most informed ways possible (and avoiding potential legal problems whenever possible).]]>On Behalf of Patricia M. Davis, Attorney at Lawhttps://www.businesslawattorneyhouston.com/?p=468202023-08-28T00:39:33Z2023-08-28T00:39:33Zmergers and acquisitions are fundamentally different concepts, each with unique implications. Recognizing these differences and understanding how to protect a business during either process is vital for any business leader or owner.
A merger is a process where two or more companies combine to form a new entity, and an acquisition involves one company purchasing another. These approaches can result in various advantages, challenges, and risks that must be carefully managed.
Mergers: A collaborative combination
In a merger, two or more companies agree to combine their resources, assets and operations to form a new entity. The merging companies often have similar sizes and market positions, and the process is usually collaborative. The goal of a merger is often to create synergies, enhance market power or achieve cost efficiencies.
Acquisitions: A strategic takeover
An acquisition, on the other hand, involves one company taking over another. The acquiring company purchases the target company's assets or shares, effectively assuming control. Acquisitions can be friendly or hostile, depending on the target company's willingness to be bought. The primary aim of an acquisition may be to enter new markets, eliminate competition or acquire specific technologies or expertise.
How to protect your business during M&A processes
Mergers and acquisitions come with significant challenges and risks. Business owners must ensure they understand how they can protect the business. Thorough due diligence is crucial in both mergers and acquisitions. Investigating the other company's financial, legal and operational aspects helps identify potential risks and determine a fair value. A significant challenge in mergers and acquisitions is integrating different corporate cultures. Proper planning and communication strategies can ease this transition.
Additionally, clearly defined agreements outlining the terms, expectations and responsibilities of all parties can prevent misunderstandings and disputes. Working with experienced individuals ensures that all relevant aspects are adequately covered.
Understanding and complying with the relevant legal and regulatory requirements is essential to avoid legal troubles. These are often industry-specific, so it’s best to work with an attorney who understands exactly what’s necessary to move forward successfully at each step along this journey.]]>On Behalf of Patricia M. Davis, Attorney at Lawhttps://www.businesslawattorneyhouston.com/?p=468192023-05-30T12:32:43Z2023-05-30T12:32:43ZRestrictive covenants
Employers may have included a non-compete agreement in their contract, and this could end up being unenforceable in the future. There are currently discussions at the federal level about banning or significantly limiting non-compete agreements. Therefore, businesses may want to preemptively pivot away from the use of non-compete agreements and begin utilizing other restrictive covenants, like non-solicitation and non-disclosure agreements, to protect the company from employee misconduct.
Social media clauses
The internet has made it easier than ever before for the actions of a few employees to damage the reputation of the company that employs them. Some people will post inflammatory content while listing a business as their employer, leading to controversy. Others might post private company matters in a public forum after leaving the business. Having a social media policy that limits what people can say about their employment and how they engage with the brand online can be very important.
Binding arbitration clauses
Not that long ago, many businesses would include clauses in their employment contracts and other agreements forcing workers or customers into a binding arbitration arrangement should there ever be a dispute. Unfortunately, the abuse of such clauses by some businesses has led to a strong aversion to them amongst top talent. Organizations might benefit from removing such clauses or updating them to require collaboration and mediation before any attempt at litigation rather than a binding arbitration arrangement.
Making updates to an employment contract or completely overhauling the papers that workers sign when starting with the company may allow for more thorough protection for a business as it brings in new talent in an ever-changing economy. Seeking legal guidance is generally a good place to start.]]>On Behalf of Patricia M. Davis, Attorney at Lawhttps://www.businesslawattorneyhouston.com/?p=468182023-05-09T16:46:11Z2023-05-09T16:46:11ZThey review and enforce their agreement
Many partnership agreements include a detailed plan for what will happen at the end of the agreement. There may even be a clause requiring one partner to permit a buyout in certain scenarios, provided that the offer meets certain standards.
Reviewing the contract can help a partner ensure they meet those requirements when making an offer, and then they can move forward with negotiating or possibly initiating litigation over the proposed buyout. The contract will often determine the outcome in court.
The agreement between the partners is often the most important consideration when attempting to predict the outcome of their dispute. Even if the partners can't seem to agree mutually to uphold their initial agreement, that will be what a judge expects them to do when they go to court unless the contract doesn't include any terms about the end of the partnership or is invalid for some reason.
If the contract includes specific rules for a buyout, a judge can potentially enforce the contract by requiring that one partner follow through with that initial agreement and accept an offer that is appropriate and reasonable given the circumstances. Ideally, business partners trying to propose a bio can potentially adjust their approach after an initial failure to try to negotiate with their partner rather than taking the matter to court.
Recognizing that litigation may be necessary and being fully compliant with all legal and contractual obligations are both important for those preparing to end a current business partnership in the hopes of retaining the business themselves.]]>On Behalf of Patricia M. Davis, Attorney at Lawhttps://www.businesslawattorneyhouston.com/?p=461392023-04-07T21:50:15Z2017-06-23T05:00:00Z
It must be supported by consideration at the time of signing.
It must protect a legitimate business interest of the employer.
It must be reasonable in scope, geography, and time.
Additionally, employees must receive something of value in exchange for the promise of refraining from competing with the employer or former employer. If signed before beginning work at a company, the work itself is considered sufficient compensation for signing. However, if an employee signs a non-compete agreement after beginning employment, the employer can’t merely promise the continuance of work. The employee must receive something additional in value in exchange for the pledge, such as a promotion or other added benefit that was not part of the original terms of employment.
If you’re concerned about your non-compete contracts, don’t hesitate to call Patricia M. Davis, Attorney at Law. She is an extremely skilled Houston contract lawyer who has more than 30 years of experience in this area of business law. She provides her clients with a one-on-one working relationship that allows a business owner to feel secure in his or her legal counsel. Likewise, she was a former Bankruptcy Counsel for the federal government, so she is well acquainted with the complexity involved in many business transactions and understands how best to resolve these complicated legal issues. Let her see how she can help your case. Attorney Davis is licensed to practice in both Texas and Oklahoma. Contact her at [nap_phone id="LOCAL-CT-NUMBER-1"] or fill out an online form to schedule your personalized initial consultation today.]]>On Behalf of Patricia M. Davis, Attorney at Lawhttps://www.businesslawattorneyhouston.com/?p=461442023-04-07T21:51:09Z2016-02-02T06:00:00ZBusiness Plans Tailored to You
The United States Citizenship and Immigration Services (USCIS) will not give an L-1 visa to anyone who is not prepared to establish a business and make it succeed. They do not want the words of the hopeful, they want the solid business plans of the ready and willing. When you come to my law firm, I can put my 30+ years of legal experience right to work, analyzing your foreign business and determining how you can show its satellite office in the States will succeed.
I can also help you meet certain USCIS L-1 visa requirements, such as:
High-ranking or specialized occupation within the company.
Continuous and recent occupation in your foreign business.
Ability to make new United States office location succeed for more than a year.
Necessity of your employment at the new business branch.
The sooner you get started, the sooner I can figure out the right approach for you and your business. Go ahead and call my firm at [nap_phone id="LOCAL-CT-NUMBER-1"] and request a personalized initial consultation. Whatever business formation strategy you need to succeed, it is not outside of my practice capabilities. Contact me today.]]>On Behalf of Patricia M. Davis, Attorney at Lawhttps://www.businesslawattorneyhouston.com/?p=461422023-04-07T21:51:23Z2016-01-15T06:00:00ZWhat Can an Entertainment Lawyer Do for You?
If you have never been on a safari or a jungle trek, first stepping into the world of entertainment can check that off your bucket list for you. Everything is going to be new and exciting, but just about everything is also capable of doing you serious harm. Sometimes, the creatures out there are intentionally coming for you to take a bite or chase you away. A professional entertainment lawyer can be your experienced guide through realms unknown, looking after you each step of the way.
An entertainment lawyer can provide invaluable and irreplaceable services regarding:
Litigation: If someone comes after you with a lawsuit – perhaps they are saying you stole their trademark – you need someone to fend them off. Inversely, you will need someone who can stick up for your rights when another party tries to steal from or damage your own camp.
Negotiation: If you haven't dealt with the natives before, trying to do so alone on your first journey can be folly. A trustworthy entertainment law attorney should be able to speak the language of legalese and set you up with deals and negotiations that benefit you in the short-term and the long-run.
Contracts: The trail ahead of you can be laden with pitfalls if all of your contracts are not well-drafted and double-checked. From payment agreements to your rights as a talented artist, entertainment law contracts need to be precise and accurate. Put a professional to the task.
Successful Ventures Lead to Promising Futures
The jungle world of entertainment can be frightful, it's true, but effectively managing your business or contracts can be highly rewarding. Hopeful individuals can rise from anonymity to stardom in what seems like the blink of an eye when things go right for them. And when they set themselves up for success with the help of an entertainment law attorney.
My name is Patrica M. Davis, and I am a Houston entertainment law attorney with a passion for helping others understand and navigate the complicated world of business and entertainment litigation. If you need help with an entertainment contract, or if you want to know a few more reasons why you should hire an entertainment lawyer, I would be happy to help you during a personalized initial consultation over the phone. Just call [nap_phone id="LOCAL-CT-NUMBER-1"] today to get started with my help.]]>On Behalf of Patricia M. Davis, Attorney at Lawhttps://www.businesslawattorneyhouston.com/?p=461412023-04-06T14:02:03Z2015-07-31T05:00:00Zbreach of contract or violation of a confidentiality agreement could lead to major complications, expenses and legal difficulties.
Online legal document services cannot provide the required level of legal protection. These services cannot possibly understand the specific needs of your business if you wish to advance and be protected from legal threats from vendors, clients or customers, employees or partners. I, Patricia M. Davis, Attorney at Law am an experienced business lawyer who has spent the last 26 years representing business owners throughout Houston, TX with a range of business legal services. I am dedicated to protecting business owners. My firm is here to help you prepare the legal documents you need to run your business, protect against legal threats, as well as help you to stay in compliance with state and federal statutes.
I also provide business owners with alternative dispute resolution services, provide legal counsel in insurance claims or lawsuits, and offer business mediation services. Waiting until a legal problem arises is not the way to protect your business. By seeking the counsel of a Houston business lawyer from my firm, you can prevent many future difficulties and legal threats. For more information about my services to business owners,
contact my firm today.]]>On Behalf of Patricia M. Davis, Attorney at Lawhttps://www.businesslawattorneyhouston.com/?p=461482023-03-23T09:51:19Z2015-07-13T05:00:00ZHouston business law attorney who knows litigation and regulations like the back of her own hand.
Oftentimes, I find that my clients are most baffled or frustrated with filing paperwork with the Texas Secretary of State or when forming a new limited liability company (LLC). Understanding the specifics of the law and the details of each and every step takes time that many people simply do not have to spare.
What Can Be Done in Thirty Minutes?
When you come to my law firm for any and all of your business needs, I can sit down with you in a personalized, face-to-face meeting to figure out exactly what needs to be done to get you to your goal. If you are planning to create an LLC or need to file any paperwork with a government body, such as the Secretary of State, In just thirty minutes, I can help my clients prepare to file their business documents.
This includes all the necessary steps of LLC creation, such as:
Naming the LLC
Selecting a registered agent
Determining ownership
Defining management structures
Filing the appropriate papers
I, Patricia M. Davis, Attorney at Law, have been practicing business law for more than 30 years and have earned a respectable reputation amongst the people of Houston. Much of my success is owed to how I treat my clients' needs with the utmost urgency and care, as if I was handling my own private matters.
The bottom line is that if you need a Houston business attorney with the right experience and know-how to handle your questions and concerns in an expedient manner that does not waste any of your precious time, you can depend on me, Patricia M. Davis, Attorney at Law. Contact me today to request a personalized initial consultation.]]>