Cain & Kiel Law

call us817-645-1717

Recent blog posts

TX business lawyerForming a new business involves navigating a complex legal landscape, and seeking the assistance of a general counsel during the formation process can be invaluable. If you are looking to start a business, contact a lawyer to ensure that all proper protocol is followed during the formation process. There are some people out there who may be inclined to start their business on their own instead of hiring a legal professional as a way of saving money. This logic is misguided, as forming a business without the legal assistance of an attorney can prove catastrophic in ensuring that everything about your business is in accordance with the law. 

Three Ways a General Counsel Can Help You Form Your Business

  1. Legal structure and entity – Choosing the proper legal structure for your business is crucial. General counsel can help you understand the different options available, such as sole proprietorship, partnership, limited liability company (LLC), or corporation. They will guide you through the process of entity formation, ensuring compliance with Texas law, drafting necessary documents, and filing registration forms. General counsel can also provide insights into the benefits and limitations of each structure, helping you make an informed decision that aligns with your business goals. 
  2. Regulatory compliance – Complying with various regulations and legal requirements is essential for any business. General counsel can assist in identifying the applicable laws and regulations specific to your industry and location. They will help you establish internal policies and procedures that align with regulatory guidelines, reducing the risk of non-compliance and potential legal issues. General counsel can also provide ongoing advice and guidance to ensure your business remains compliant as regulations evolve.
  3. Contracts and agreements – Drafting and negotiating contracts is a critical aspect of starting a business. General counsel can help you create legally binding agreements tailored to your specific needs, such as client contracts, partnership agreements, employment contracts, and vendor agreements. They will ensure that your interests are protected, minimize potential risks, and provide guidance on contract negotiation and enforcement. General counsel can also review contracts presented to your business, ensuring you fully understand the terms and implications before signing. 

Contact Hood County General Counsel Lawyer 

During the formation process of a business, the general counsel plays a vital role in establishing a solid legal foundation. Contact the skilled Tarrant County general counsel attorneys with Cain & Kiel Law for legal assistance in forming your business. Call 817-645-1717 for a private consultation. 

TX business lawyerContracts play a vital role in business and commercial law, outlining the rights and responsibilities of the parties involved. However, when it comes to contracts, not all breaches are the same. In simple terms, a material breach of contract occurs when someone does not do what they promised they would do in the contract, significantly harming the other party’s rights or benefits. It is essential to understand the concept of a material breach of contract in straightforward terms, helping individuals understand its importance, implications, and how a Texas business lawyer can help if you are dealing with an individual or entity who has engaged in a material breach of contract. 

Unpacking the Seriousness of a Material Breach of Contract

To determine if a breach is material, we must consider a few key factors:

  1. Importance of the obligation – How crucial was the obligation to the overall purpose of the contract? If the broken promise is central to the agreement’s main objective, it is more likely to be deemed a material breach. 
  2. Impact on performance – How does the breach affect the other party’s ability to receive the agreed-upon benefits? It may be considered material if it significantly impairs their ability to fulfill their part of the contract or undermines its purpose. 
  3. Willful or intentional conduct – If the party knowingly and deliberately fails to meet an essential obligation, it is more likely to be classified as a material breach. This means that a party intentionally chose not to fulfill their promise. 
  4. Availability of substitute solution – If the non-breaching party can reasonably find an alternative solution or fix any damage caused by the breach, it may be seen as less material. However, if finding a substitute is impractical or inadequate, the breach is more likely to be considered material. 

Legal Implications 

A material breach of contract can carry significant legal consequences, including:


Tarrant County real estate lawyerThe founders of the United States anticipated that the government may, from time to time, want to take over private property in order to complete a project on behalf of the broader public. They ultimately decided to restrict this governmental right somewhat in the Fifth Amendment of the U.S. Constitution, which insists that “nor shall private property be taken for public use, without just compensation.” Therefore, the process of eminent domain in the United States involves the government taking private property for public use and compensating the original owner of the property for that taking. Those who are facing condemnation actions as a result of eminent domain concerns generally benefit from working with an attorney experienced in these matters because seeking just compensation is not always an easy task. 

What Kind of Property Can Be Taken Via Eminent Domain? 

Ever since the nation’s first major eminent domain case – Kohl v. United States (1875) – most eminent domain actions have focused on real estate matters. However, it is important for anyone who owns property, from intellectual property to contract rights, to understand that the government’s eminent domain power is very broad. Both commercial and personal property rights – just like commercial and residential land, airspace, water rights, and other real property concerns – can be taken by the government via eminent domain as long as the affected property owner is justly compensated for the taking in question.

How Are Property Owners Compensated for Condemned Property?

As just compensation for condemned property is a Constitutional right of property owners, the government cannot simply pay whatever it pleases for a taking. Most of the time, a complete taking – in which a total parcel of land, property, or rights are being condemned – must result in a payment of the highest market rate available. By contrast, a partial taking – in which some but not all of a property owner’s land, rights, etc. are condemned – may be compensated justly based on the value of the portion of property that has been taken and/or compromised.


Tarrant County, TX estate planning lawyerRegardless of whether you have an estate plan in place yet or not, if you are an adult in the U.S. and you have not yet engaged in digital estate planning, it is time to make some effort in service of this particular legally-enforceable endeavor. No matter what your circumstances may be, digital estate planning will help to ensure that your wishes concerning your digital footprint are ultimately honored in the event of your medical incapacitation or death. Making this effort will also help to ensure that you do not leave behind a digital mess that your loved ones will be compelled to clean up.

Protecting Your Interests

Take a moment to estimate how many password-protected accounts you access online every month or two. If you are like most adults, you bank, share digital media, upload evidence of memories, network, and otherwise engage with the electronic world via dozens of accounts on a fairly regular basis. Creating a digital estate plan will allow you to articulate what you want to bef done with those accounts – and by whom – in the event of your death or incapacitation so that those wishes can become legally enforceable.

Mitigating Stresses for Your Loved Ones

If you do not leave behind any directions for your loved ones, they may not be able to access your accounts easily. And even if they can get into your accounts, they may not have any idea what you want them to do with them or any of the assets associated with them. They will need to guess what you would have wanted, which can be a very stressful reality for individuals who are grieving.  


Tarrant County, TX business litigation attorneyFor years, trucking companies in Texas and throughout the U.S. have protested the ease with which plaintiffs who have been injured in trucking accidents can tie businesses up in litigation. Most trucking accidents that involve more than one party occur because one or more vehicle operators have made an error when driving. It is, therefore, often appropriate to question whether a truck operator has made a mistake that contributed to the cause(s) of a crash. However, it is rarely appropriate to assume that a truck operator’s human error is rooted in the business practices of their employer.

Texas lawmakers have taken notice of the frequency with which injury victims name trucking companies as defendants in litigated disputes and they have recently taken significant action to address this situation. In implementing a new bifurcated truck litigation scheme, Texas legislators have made it less likely that trucking companies will be tied up in litigation when their business and employment practices have nothing to do with the cause of a crash.

Business Operations Do Not Automatically Result in Liability

Companies may potentially be held liable for harming individuals and other entities in the event that their business practices, failure to uphold business agreements, and other negligent or willful misconduct causes another’s harm. Yet, this does not mean that simply because a business operates, it may be held liable for the actions of one of its employees.

Badges Badges Badges Badges Badges Badges

We're Here When You're Ready

To set up a consultation with our attorneys and get the legal help you need, please call 817-645-1717 or fill out the form below:

NOTE: Fields with a * indicate a required field.
First Name *
Last Name *
Email *
Briefly describe your legal issue. *

DisclaimerThe use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

I have read and understand the Disclaimer and Privacy Policy.

Back to Top