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Houston Business & Commercial Law Blog

Texas company files complaint against another for unpaid services

Breach of contract cases often extend beyond a complaint of an employer against an employee and vice versa. In many instances, a company will have reason to go against another company it has done business with, if the other company failed to keep all or a portion of the agreement. If a Texas business hasn’t been paid monies due for goods or services provided to another company, or if there is any other type of contract dispute, the entity has the right to have its case heard in court.

In a recent case, Jefferson County company Pentair Thermal Management filed a complaint against a couple doing business as Instrumentation Technologies and Components. Pentair alleges that the other company did not pay $45,296.37 out of the $50,329.30 owed to it for labor and materials that it provided. The complaint cites breach of contract, unjust enrichment and negligent misrepresentation, plus the amount owed, pre- and post-judgment interest and attorneys’ fees.

Top factors affecting commercial real estate in Texas

Many industries are enjoying an employment and construction boom in Texas, thanks to the state’s strong hold on the energy market and a growing population of young professionals who have adapted to working in a variety of settings. Today’s business climate has great potential for growth and change, but can also present challenges in the areas of commercial real estate, housing, services and employment.

According to Dallas News, Texas was the top state in the country for job growth last January and the state was expected to remain at or near the top throughout the year. The construction industry was especially positive, with Texas construction employment ranking third in the U.S. for job opportunities in 2013.

Former TESCO employee files racial discrimination lawsuit

When it comes to employment litigation regarding sensitive topics such as racial or sexual discrimination, employers need to be very careful. A Texas company may have a valid reason for disciplining or firing someone, but it’s not uncommon for an angry employee to fire back at his or her former employer with accusations of wrongful discharge. Such employment discrimination cases can be costly and damaging to the company’s reputation.

In one recent case, a man from Harris County has filed a lawsuit against TESCO, his former employer, accusing the company of racial discrimination and retaliation. The man alleges that he was repeatedly reprimanded and written up for false allegations and minor mistakes that his white coworkers were not disciplined for. He says that after he made complaints about discrimination to the human resources department, he was transferred to a different location, transferred back abruptly and then terminated. In his lawsuit, he seeks an unspecified amount in damages and reparation, including back pay compensation, emotional pain and the reinstatement of his former position and pay grade.

The purpose of noncompete agreements

On first glance, it may seem unfair to file a lawsuit against a former employee who has left the company to start a similar business of his or her own. However, this type of litigation is meant to protect a company from not only unfair competition, but to prevent against the theft of trade secrets and other matters pertaining to a former insider in the company.

It’s common for many Texas businesses to have employees sign noncompete agreements upon hiring, particularly if the new hire is to have access to critical information relating to the business’s operations, client base and finances. The American Bar Association states that a noncompete agreement can prevent a former employee from misusing information and secrets learned from his or her previous job. Including a noncompete clause in an employment contract is also meant to prevent a former employee from recruiting a company’s valuable employees.

Texas coast drawn into Iraqi oil dispute

The state that is known for its booming oil industry has become involved in an overseas business litigation dispute alleging the theft of a precious resource. Since the end of July, an oil tanker has been marooned off the Texas coast, seemingly unable to unload its cargo or move from its spot as the Iraqi and Kurdish governments fight to claim the right to sell the oil.

After a U.S. district judge in Houston said he lacked the jurisdiction to intervene in international business disputes regarding property stolen at sea, the Iraqi Oil Ministry changed its bid, asking for an arrest warrant to prohibit the Kurdistan Regional Government from selling the tanker’s oil in the United States. Iraq’s government cited the Foreign Sovereign Immunities Act and Texas law regarding stolen property. The Iraqi and Kurdish governments have lately been embroiled in a multibillion dollar dispute over oil royalties and war-damage reparations, as well as litigation to prevent the Kurds from exporting oil. Iraq claims that taking over the oil in the stranded ship will prompt the Kurdish government to show up in court.

Sexual harassment lawsuits may be avoided with employee training

Sexual harassment is a serious accusation that can impact your business in many ways. According to Employment Knowledge Online, sexual harassment can include requests for sexual favors, unwelcome advances and other verbal or physical actions of a sexual nature. This type of harassment is often intimidating and demoralizing, and can lower your employees’ overall morale, affect employee performance and reduce your revenue intake. Here at The Jackson Law Firm, we know how important your business is to you and we often provide advice on how companies can reduce the risk of sexual harassment charges.

Sexual harassment and discrimination training is not required by law for all employers in Texas except for state employees and supervisors. However, implementing harassment and sensitivity training and disciplinary procedures can educate your employees on what is not tolerated in the workplace; the steps they can take to prevent being victimized; and what can happen if they violate company policies.

How Do I Protect My Intellectual Property?

Intellectual property is defined by the World Intellectual Property Organization as a design, name, image, symbol, invention, literary or artistic work that can be used in commerce. A company updating a logo to a newer and fresher image, an author with a new manuscript, or a person with a great idea for a new product can all protect their ideas before they become reality.

Individuals or businesses who wish to protect intellectual property from theft or tampering can take several steps to do so. These include:

Protecting your company against employee retaliation

Angry or upset employees can and do retaliate unfairly against their employers for slights ranging from personality differences to termination. According to Smart Business, employment dispute claims have increased in the past few years. Each year in Texas and throughout the rest of the country, more than 100,000 cases are filed against employers over the Equal Employment Opportunity Commission’s statutes.

While such claims can harm a business of any size, small businesses are the most vulnerable. The average claim costs a business $50,000, and defense costs can rise exponentially if a claim is taken to court. Employers have every right to discipline an employee when the action is warranted, or to withhold a benefit that they are not legally required to provide, but they should understand that such actions can come with repercussions from a disgruntled employee.

Texas may prove to be national leader in business tort reform

Any company owner, whether the business is large or small, understands the importance of fair laws to protect the company in the event of a lawsuit. The outcome of business litigation can bring a corporation to its knees—and, unfortunately, many unfair lawsuits have been filed by unscrupulous entities with no regard to the harm they cause companies, customers and taxpayers.

Various legal reforms by Texas lawmakers may have further strengthened the state’s status as being corporation-friendly, especially when it comes to protecting business owners from abusive lawsuits, tortuous interference and deceptive trade practices. For 10 years in a row, Texas has been named by numerous top CEOs as the best state to operate a business, in large part to these reforms. Many large national corporations, including Toyota, have begun relocating their operations to Texas from other states that are known for permitting judicial injustices, such as California and New York. This has the potential to greatly increase Texas’ business economy and create thousands of jobs.

Smartphone giant Samsung in contract dispute with Microsoft

In today’s digital world, emerging technology is becoming as competitive and as lucrative as many other more traditional markets, such as real estate and commercial goods. In some cases, new technology is even surpassing other fields to become one of the fastest-growing and most successful industries today. Consumers need only look at the success of technology and Internet giants such as Apple and Google to understand the impact of digital technology on today’s society. Many Houston businesses that deal in technology have great potential for success. However, there is also the chance of being involved in complicated litigation surrounding digital technology and intellectual property, including breach of contract lawsuits and more.

Recently, Microsoft accused Samsung, one of the world’s leading manufacturers of smartphones, of not complying with the terms of both companies’ longstanding partnership. In the contract dispute, the software giant says Samsung is failing to make payments for patented Microsoft technology that the smartphone maker uses in its phones and tablets, allegedly breaking a 2011 agreement that allowed Samsung to use Microsoft’s intellectual property.

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