P. Bates Law, PLLC

Business, Construction, & Employment Law

Frequently Asked Questions

What is a breach of fiduciary duty, and how does it impact a business?

A breach of fiduciary duty occurs when an individual, who has a responsibility to act in the best interest of another party, fails to do so, potentially leading to financial loss or damage to the party they are supposed to protect. In a business context, this often involves business partners, directors, or officers who fail to uphold their duties, potentially leading to significant disruptions and financial harm.

What are constitutional liens and statutory liens in construction law?

Constitutional and statutory liens provide security for parties involved in a construction project. If a party fails to pay for work done or materials supplied, the party owed can file a lien on the property, giving them a security interest in the property until they are paid.

What are the key anti-discrimination and anti-retaliation laws that protect employees?

Key anti-discrimination and anti-retaliation laws include Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Age Discrimination in Employment Act. These laws prohibit employers from discriminating or retaliating against employees based on factors such as race, color, religion, sex, national origin, disability, and age.

What is a shareholder or member dispute, and how is it resolved?

A shareholder or member dispute occurs when the individuals who own a business disagree on the direction or management of the company. These disputes can be resolved through negotiation, mediation, arbitration, or, in more severe cases, litigation.

What does the Texas Trust Fund Act entail for parties in the construction industry?

The Texas Trust Fund Act protects subcontractors, laborers, and material suppliers in the construction industry by ensuring that funds allocated for a construction project are used to pay these parties. Violation of this Act can lead to serious penalties.

What constitutes trade secret misappropriation under the Texas Uniform Trade Secret Act?

Trade secret misappropriation occurs when someone uses a company’s trade secrets without authorization. Under the Texas Uniform Trade Secret Act, a trade secret includes any form of information that provides a business with a competitive advantage and is subject to reasonable efforts to maintain its secrecy.