AdobeStock_244469747-300x200A key step in any Texas mergers and acquisitions (M&A) transaction is signing a letter of intent (LOI). The LOI outlines the primary terms agreed upon for the proposed deal and serves as a roadmap for conducting due diligence and progressing toward a final purchase agreement and closing. The experienced Texas M&A attorneys at Structure Law Group can guide and represent you, whether you’re a buyer or seller, to ensure your best interests are thoroughly protected during LOI negotiations.

Is a Letter of Intent Binding?

In most cases, the LOI is non-binding except for a few provisions. This is because the signing of a LOI generally occurs before the buyer has a chance to conduct due diligence. So, the buyer must rely almost exclusively on the seller’s representations about the condition of its business. Few buyers would bind themselves to a binding agreement–especially with regard to a purchase price–until they have had the chance to verify these representations for themselves.

AdobeStock_554356566-300x200Business owners generally prefer to avoid court, but certain legal disputes may require litigation. For such cases, the Texas business litigation attorneys at Structure Law Group are equipped to guide you through all phases of a business lawsuit. This includes handling breach of contract cases, shareholder or partnership disputes, or allegations of unlawful employment practices. Our team will advise you of your legal rights and help develop a litigation strategy to achieve the best possible outcome.

What Happens Before Litigation Begins?

Legal disputes do not typically begin when someone files a lawsuit. Instead, they typically begin when one side sends a “demand letter” outlining how they see the dispute and how to prevent a lawsuit. For example, in a breach of contract dispute, the party alleging the breach may send a demand letter insisting on compliance with the terms of the agreement. If the other side agrees to the demand–or is at least willing to enter negotiations–that is often sufficient to avoid a lawsuit altogether.

AdobeStock_1829326087-300x169No matter how well-run your business is, legal disputes inevitably arise with customers, contractors, and even employees. However, resolving a business dispute does not necessarily mean time-consuming and costly litigation. Texas business owners can take advantage of a number of forms of alternative dispute resolution (ADR).

Legal disputes are common in any business, affecting customer, contractor, and employee dealings. However, resolving these disputes doesn’t always require lengthy and expensive litigation. In Texas, business owners can access various alternative dispute resolution (ADR) methods. Consulting a Texas business litigation lawyer can help determine if ADR is a suitable option for your specific dispute.

What Is ADR?

AdobeStock_137947323-300x200Many Texas businesses used an assumed name or alias, also known as “doing business as” or DBA. For example, let’s say that a woman named Rebecca Franklin decides to open a bakery. She elects to run her business as a sole proprietorship, meaning she does not create a separate legal entity to run her business.

By default, Texas law assumes that Rebecca does business under her name, i.e., “Rebecca Franklin.” Since she may instead wish to have a brand name that sounds more professional, Rebecca files a DBA to use the alias “Rebecca’s Bakery” as an alias for the business. Keep in mind that Rebecca is still a sole proprietor. The DBA name is simply an alias tied to that sole proprietorship.

Texas does not restrict assumed names to sole proprietors, however. Any person or legal entity conducting business in the state may use a DBA. But certain procedures must be followed. The experienced Texas start-ups and financial lawyers at Structure Law Group can advise you on the best legal practices for naming your business and ensuring your startup is branded correctly to compete in the market.

AdobeStock_483293930-300x209No Texas business wants to end up in court. But the reality of conducting business in any field is that disputes inevitably arise. And sometimes those disputes must be resolved by a judge, jury, or through some alternative means such as mediation or arbitration. The experienced Texas business litigation attorneys at Structure Law Group can provide your company with professional guidance and representation when it comes to handling many common types of business disputes.

Here are just a few examples of the kinds of matters we handle on behalf of our clients:

Breach of Contract

AdobeStock_663401438-300x168A Texas corporation is owned by one or more shareholders. Startups often attract minority shareholders to secure essential funding during the early stages of the business. However, as the number of shareholders increases, so does the risk of shareholder disputes and potential lawsuits. If you find yourself involved in such a dispute, SLG’s Austin, TX business litigation attorneys can help protect your rights and guide you through the legal process.

What Are a Shareholder’s Rights?

Corporations organized under Texas law must respect certain shareholder rights created by statute. But a corporation may also adopt its own bylaws and shareholder agreements that can modify, expand, or even restrict those rights. Litigation can arise when one or more shareholders believes their rights have not been respected by the corporation’s officers, directors, or majority shareholders.

AdobeStock_73155397-300x183Mergers offer many Texas businesses the ability to quickly expand their operations. But mergers are also a complex undertaking, even when the companies involved may still be relatively small in size and scope. That is why it is always important to work with an experienced Texas mergers and acquisitions lawyer who can guide you through these transactions. The team at Structure Law Group represents clients in M&A deals at all levels and values, and we can help to ensure that your Texas merger is a success.

While every Texas merger presents its own unique challenges, here are a few basic principles to keep in mind when planning for a successful deal:

Make Sure Your Business Is Ready

AdobeStock_330977551-300x200One of the first steps a Texas startup should take is to hire a knowledgeable Texas business attorney. Unfortunately, many companies view this as optional and delay until they face a lawsuit or another legal crisis. However, the ideal time to hire a business attorney is before encountering any legal issues.  Structure Law Group can work with you proactively, taking the time to understand your specific needs and providing guidance to help your company avoid future legal issues.

Defining the Legal Needs of Your Business

During the startup phase, businesses must address key tasks such as choosing a business entity, filing the required paperwork with the state, and establishing internal procedures like corporate bylaws or operating agreements for an LLC. Beyond these basics, specific legal needs may arise depending on the industry and market. These can include obtaining necessary licenses, maintaining regulatory compliance, and safeguarding the business’s intellectual property.

AdobeStock_301157827-300x200A limited liability company (LLC) is a type of legal entity that is neither a corporation nor a partnership. An LLC is a business owned by one or more “members” who themselves can be individuals, corporations, or some other legal entity. The LLC itself protects members from personal liability for business debts. But the actual profits and losses from the LLC are “passed through” to individual members for purposes of tax reporting.

Forming an LLC in Texas is a relatively straightforward process. It is still a good idea to work with an experienced Texas limited liability company attorney at Structure Law Group who can advise you on the steps to take when getting your business started. Depending on the specific needs and goals of your business, we can tailor a structure for your new LLC that will help set you up for success.

The Certificate of Formation

AdobeStock_1547167357-300x169Every Texas-based business must have an employee handbook, from startups hiring their first employee to established firms reviewing current policies. Enlisting the help of a seasoned Texas employment attorney is key in creating or revising an effective handbook that keeps companies in compliance and avoids litigation. The Structure Law Group offers extensive legal expertise, catering to technology companies and other innovative businesses in Texas.

What Is an Employee Handbook?

In brief, an employee handbook is a collection of policies and procedures that an employer gives employees. The specific contents of an employee handbook will vary from employer to employer. But the basic idea is that an employee should be able to review their employee handbook and understand what you, as the employer, expect from them in the performance of their jobs.