Cain & Kiel Law

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Recent Blog Posts

Understanding mechanic's liens in Texas

 Posted on October 27, 2016 in Uncategorized

Buying a home should be an exciting, fun time for any family. Unfortunately, many end up with bad experiences because they didn't do their homework first. Before you buy a home, there are many details you can't afford to overlook. Once you're approved for financing, the house has passed inspection and you are ready to move in, there may still be one problem with your home you are unaware of. In order to cross everything off your list when buying a home, you may want to first check to make sure you don't have a mechanic's lien against it or determine if you are responsible for it.

What is a mechanic's lien?

When a new home is built or an older home remodeled, a general contractor is often hired to handle the project. This individual bids out the jobs, schedules the subcontractors and makes sure that your suppliers and contractors are paid. If the contractor fails to do his job, you may end up with a lien on the property called a mechanic's lien.

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When should you consider action for a non-compete violation?

 Posted on September 26, 2016 in Uncategorized

Clarity is the most important detail in any contractual agreements. It is a legal essential, yet certain documents always have more terminology that is left open to interpretation. The non-compete waiver an employee signs when changing jobs is among those, with key elements that determine if it is enforceable if it is challenged in court. The agreement is a means of protection for the business but it cannot hinder the former employee's prospects.

Key terms

Texas courts enforce a non-compete by how reasonable the demands are.

Specifically this pertains to:

  • Protection of business assets and information
  • Scope of non-compete (meaning time period of the agreement and job duties before and after)
  • Geography of non-compete

Uncertain terms

Legal questions arise when a business loses an employee because these terms themselves are variable. What is a reasonable time period or geography to include in a non-compete agreement? If your main competitor is 99 miles away, can you define the non-compete as effective within 100 miles, for example, if your region is typically defined as a 50-mile radius? If a salesperson of your software firm is leaving to work in sales for a vacuum company, is there enough crossover to justify action?

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Protecting your Texas business assets with noncompete agreements

 Posted on September 13, 2016 in Uncategorized

Thank you for visiting our new blog. In this first post, we will introduce the noncompete agreement and the important role it can play in the success of a Texas business of any size or type.

Texas business climate is thriving

The business environment in Texas has improved greatly since the recession and both home-grown entrepreneurs and recent transplants are hanging up shingles here. In 2016, Texas ranks third overall among top states for doing business considering such factors as access to generous financing, favorable regulatory structure, relatively low state tax burden, competitive labor market and affordable energy costs, according to this year's national analysis by Area Development.

Once you have decided to launch your business in the Lone Star State, finding an attorney to guide you through all the important decisions in startup and business formation is imperative. When your attention eventually turns to hiring the right help, you should thoroughly explore with your lawyer and understand the benefits of noncompetition agreements and how to draft them to be enforceable under Texas law.

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