Wednesday, October 26, 2016

Protect Your Brand With The Right Licensing Agreement

There’s a well-known fashion designer who’s currently suing for breach of a licensing agreement because she alleges, among other things, that the licensee is hurting her brand by selling inferior merchandise. Whether or not that’s true, the key takeaway from this lawsuit is that when it comes to protecting your...

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Thursday, October 6, 2016

5 Business Consulting Agreement Essentials

Whether you’re a consultant or looking to retain one for your business, there are some fundamental issues that must be covered your consulting agreement to ensure performance by the other party while reducing your liability exposure if something goes wrong. Here are five key areas that should be covered in...

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Wednesday, October 5, 2016

How Do You Handle Employee Business Expenses?

An employee racked up over $100,000 of debt on a credit card. After leaving the company, he sued his former employer contending that the debt was incurred as business expenses and should be reimbursed. However, his former employer disagrees. This dispute raises key questions about your company’s policy for business...

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Friday, September 23, 2016

Are The Right Parties Signing Your Business Contracts?

It’s common for companies to mistakenly enter into business contracts with the wrong parties signing agreements. Officer Or Individual Signatory? If your business is set up as a corporation, limited liability company (LLC), or similar entity, you’ll want to make it clear that the person signing is doing so on...

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Monday, July 18, 2016

Breach of Contract: 5 Steps to Preventing a Costly Lawsuit

Are breach of contract lawsuits expensive? Yes. For example, there’s currently a legal battle in California over whether the loser in a contract dispute has to pay the winning side’s legal fees. How much is at stake? $1.3 million in attorneys fees. The winning side even showed up for a court hearing with 8 lawyers […]

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Tuesday, June 28, 2016

How to Get Employees to Give Two Weeks’ Notice When Quitting

As a general rule, giving two weeks notice is a courtesy extended by an employee to the employer. It is not a legal requirement, particularly when it is at-will employment. So how do you get your employees to provide such advance notice when they resign? After all, an employee who leaves abruptly generally puts your […]

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Tuesday, June 14, 2016

Buy an Internet Business but Avoid Microsoft’s LinkedIn Mistake

As an Internet Lawyer who represents clients buying and selling ecommerce companies, I know there are deals to be had, particularly when acquiring niche sites that are privately owned. However, large publicly traded companies like Microsoft (MSFT) can rarely take advantage of these types of profitable acquisitions because the dollar amounts involved aren’t enough to […]

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Thursday, June 9, 2016

Social Media Policy: Don’t Commit Business Suicide

There’s a Utah company that may have killed its business by creating a ridiculous social media policy. The company gave all of its customers a contract addendum that required the customers to set up Facebook accounts and “like” the business’ FB page. In addition, the new policy authorized the company to use the customers’ photos […]

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Tuesday, April 12, 2016

B2B Contracts: How To Avoid 4 Common Mistakes

Before you sign B2B contracts, it’s important to review the draft agreements to make sure you’re not committing some costly errors. According to Texas Business Lawyer Mike Young, here are four of the most common mistakes that entrepreneurs make in business-to-business deals. Mistake 1 – Failing To Identify Who Owns What Whether it’s patents, trademarks, […]

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Tuesday, March 1, 2016

Free Business Website Guide

As an Internet lawyer and entrepreneur who co-owns several ecommerce companies, I’ve created a complimentary guide called “How to Set Up a Business Website in 15 Steps or Less.” Even if you already have a business website, you should read this guide because it has recommendations you can use to improve your site. Note that […]

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Wednesday, January 27, 2016

Breach of Contract: Is Jay Z Getting a Bad Rap?

As a Dallas business lawyer, I find valuable lessons in breach of contract lawsuits involving sports and entertainment stars. Today’s example is Rapper Jay Z’s dispute with a Long Island perfume vendor that’s ended up in a New York state court lawsuit. According to news reports, Jay Z (a.k.a. Shawn Carter) may have violated a […]

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Wednesday, January 20, 2016

DraftKings Online Gambling Illegal in Texas?



In an opinion issued yesterday (PDF file), Texas Attorney General Ken Paxton made it clear that he believes online sports gambling sites like DraftKings.com and FanDuel.com are illegal under state law. 

“Under Section 47.02 of the [Texas] Penal Code, a person commits an offense if he or she makes a bet on the partial or final result of a game or contest or on the performance of a participant in a game or contest. Because the outcome of games in daily fantasy sports leagues depends partially on chance, an individual's payment of a fee to participate in such activities is a bet. Accordingly, a court would likely determine that participation in daily fantasy sports leagues is illegal gambling 'under Section 47.02 of the Penal Code.”

Limited Exception for Fantasy Sports Leagues

However, Paxton acknowledges an exception that permits fantasy sports leagues where the players split the pot but there is no “house” to take a cut of the action.


“Though participating in a traditional fantasy sports league is also illegal gambling under Section 47.02, participants in such leagues may avail themselves of a statutory defense to prosecution under Section 47.02(b) of the Penal Code when play is in a private place, no person receives any economic benefit other than personal winnings, and the risks of winning or losing are the same for all participants.”

As a Texas Internet Lawyer based in Dallas, I get asked by business clients about running Internet contests, online lotteries, and gambling online (including paid fantasy sports sites).

Attorney General Paxton’s opinion provides some clarity in Texas for online sports betting. Sara Castellanos points out in the Boston Business Journal that Massachusetts, Maryland, New York, and Nevada are all dealing with this issue too. See “Another setback for DraftKings — this time inTexas” (Jan. 20, 2016).

Clearly, this is an evolving niche with ecommerce. I expect Congress will weigh in at some point to provide uniformity via new federal Internet gambling legislation rather than have conflicting views based on the laws in each state.

Friday, January 15, 2016

Dallas Business Lawyer Agrees with Bitcoin Senior Developer

"Despite knowing that bitcoin could fail all along, the now inescapable conclusion that it has failed still saddens me greatly" – Bitcoin Senior Developer Mike Hearn

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As a Dallas business lawyer with tech clients locally and abroad, I’ve made Bitcoin an option for making payments for legal services. However, to date, not a single existing or prospective client has offered to pay with the digital currency or one of its alternatives.

Bitcoin is at best premature and unlikely to gain footing for a variety of reasons, including regulatory efforts designed to prevent private cryptocurrencies from replacing government-issued money in offline and e-commerce.

To the extent that Satoshi Nakamoto’s creation can be deemed a success, one would have to consider the future uses of blockchain as the primary achievement.

Thursday, January 7, 2016

Former TI campus in Plano Texas to receive $120M redevelopment

"Plans for the redevelopment of the four former Texas Instruments (Nasdaq:TXN) buildings and fitness center — which were built in the 1980s — call for major upgrades to common areas that will focus on recruiting and retaining millennial employees. Those improvements include such things as bringing coffee kiosks to the campus, upgrading the building facades, campus amenities and improving the property’s landscaping." - Candice Carlisle at Dallas Business Journal

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As a Dallas Business Lawyer who serves Plano and Richardson's Telecom Corridor, it's nice to see the continued demand for commercial office space in the area. From a cost of living and quality of life standpoint, the DFW area beats Silicon Valley hands down for tech startups, their employees, and familes.

If you're thinking of relocating your business to the Lone Star State, be sure to read "How to Set Up a Texas Business."

Wednesday, January 6, 2016

Telecom Corridor Lawyer: Richardson Texas Business Legal Help

If your tech company is located in or near Richardson’s Telecom Corridor*, you need help from an experienced Telecom Corridor Lawyer. However, chances are the size of your business doesn’t justify hiring the same multinational law firms that are retained by AT&T, Ericsson, Texas Instruments, Fujitsu, Cisco, Samsung, and other large publicly traded companies. Where […]

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