Carlos Peniche http://houstonbusinessdaily.com/advisor/Carlos_Peniche Just another WordPress weblog Sat, 10 Apr 2010 15:38:07 +0000 http://backend.userland.com/rss092 en Non-Compete Agreements Are Easy to Defeat The reason non-compete agreements are easy to defeat is that they constitute a restraint on trade and under our free enterprise economic system such restraints are generally disfavored and thus must be narrowly tailored.  If you think about it, as a matter of public policy that makes sense.  After all, ... http://houstonbusinessdaily.com/advisor/Carlos_Peniche/?p=24 Represent Yourself in Court, but Watch Out Even when the economy is good, sometimes small business owners feel the need to try to handle a case in court without a lawyer.  As one well known legal saying goes, “he who represents himself has a fool for a client.”[1]   Frankly, in certain cases where the stakes are great ... http://houstonbusinessdaily.com/advisor/Carlos_Peniche/?p=20 Your Business Records Are Evidence If … In representing small business, I have heard on a number of occasions a client say “he said ….” (here insert a statement like “we could have another 7 days to get the job done” or “he wanted blue paint”) … “but I don’t have any proof”.  Actually, the client is ... http://houstonbusinessdaily.com/advisor/Carlos_Peniche/?p=17 What’s In a Name? How About 1 Year in Jail and a $4,000 Fine? Under the Assumed Business or Professional Name Act, §71.01 et. seq. Texas Business & Commerce Code (B&CC), both entities (corporations, LLC’s, partnerships, etc…) and individuals are required to file an assumed name certificate in various locations depending on the circumstances.  This article focuses on individuals and “mom and pop” businesses ... http://houstonbusinessdaily.com/advisor/Carlos_Peniche/?p=12 Are Oral Contracts “Legal”? Non-lawyer clients often call up and ask if such and such is “legal”.  Many people wonder if oral or verbal contracts are “legal”.  What they really mean to ask is if they are enforceable in a court of law.  I have never had a client ask if an agreement is ... http://houstonbusinessdaily.com/advisor/Carlos_Peniche/?p=8 Use Contractual Liens to Get Paid for Services Rendered on Real Property Wouldn’t it be nice if your industry had a statutory lien such as the Mechanic’s, Contractor’s, or Materialman’s Lien (Chapter 53, Texas Property Code) (M&M lien) which construction contractors have? If you provide a service to real property such as landscaping, security and janitorial service, a contractual lien can be ... http://houstonbusinessdaily.com/advisor/Carlos_Peniche/?p=3