Business Law2020-07-24T14:54:28+00:00

Houston, Texas Business Lawyers

We protect our business clients from unnecessary litigation by taking a meticulous approach to business planning and the preparation of contracts and agreements. Because of our extensive litigation experience and familiarity with Texas law, we also know how to assert a claim or defend against a claim involving contracts and agreements.

Business Transactions

Large corporations have lawyers on staff to advise them about every legal issue that comes up in the process of doing business, from financing a major purchase to drafting employment contracts.

Roger G. Jain & Associates can provide all the services of in-house counsel for small to mid-sized businesses who can’t afford to have a lawyer on staff. We are also available to provide business transaction services to large corporations who may be located elsewhere and need a Houston lawyer to manage certain aspects of their affairs.

Because we’re trial attorneys, we understand the issues that can arise when a contract is too vague or a noncompete agreement is written too broadly. All of our transactional services for businesses draw upon this knowledge. Our work is designed to address your immediate legal problem with an eye toward avoiding potential litigation in the future.

We draft and review leases, other type of contracts, and provide all the legal services most businesses will need throughout the life of the business. In addition, should disputes arise, you can rely on us, because we are trial lawyers, to enforce/defend contracts and resolve disputes in the most economical and efficient manner as possible.

As in all areas of our practice, we provide personal and responsive service that starts with listening to you. We take the time to learn about your business, your problems, your fears, and your goals. Once we understand the scope of the problem and the issues that are most important to you, we will work to achieve your objective in the most efficient and cost-effective manner possible.

Business Formation

If you’re ready to launch a new business venture, the planning you do before you serve your first customer or hire your first employee can make the difference between your company’s future success or failure.

One of the most important decisions any business owner makes is how to organize the business. We can help you select the type of business entity that makes the most sense in your particular situation. We will listen as you describe your business plan, outline the options available to you, and recommend a type of business entity that best suits your needs and goals. These include:

  • Sole proprietorship
  • Limited liability partnership (LLP)
  • Limited partnership (LP)
  • Limited liability company (LLC)
  • Incorporation, including S corporations and C corporations
  • Professional corporations

Many people who have not previously owned a business believe they need to incorporate. That’s not always the best option, particularly for a small business. Incorporation requires that you establish a board of directors and fulfill many reporting obligations that can be onerous for a modest-sized business startup.

We will keep two issues foremost in our mind as we analyze your business plan:

  • Taxation: Which entity will allow you to minimize the taxes your business pays? We will do this by working closely with your tax adviser and together form a plan to meet this goal.
  • Liability: Which entity protects your personal assets from being used to pay a verdict, settlement, or judgment in a lawsuit against your company?

Often, an LLC or LLP provides the necessary protections without the burdensome responsibilities involved in incorporation. Should incorporation be the right choice, we can assist you in all aspects of setting up and managing the corporation.

Noncompete Agreements

A noncompete agreement, also called a covenant not to compete, is a contract, often between an employer and employee, designed to protect the employer’s interest should the employee decide to leave the company. We represents both employees and employers in issues related to noncompete agreements. Please contact us if you are:

A noncompete agreement, also called a covenant not to compete, is a contract, often between an employer and employee, designed to protect the employer’s interest should the employee decide to leave the company. We represents both employees and employers in issues related to noncompete agreements. Please contact us if you are:

  • An employee who has been asked to sign a noncompete agreement
  • An employee who wants to challenge the terms of a noncompete agreement that you have already signed
  • An employer who needs to enforce a noncompete agreement
  • An employer who needs to have a noncompete agreement drafted or reviewed
  • A noncompete agreement protects an employer’s interest by preventing employees from going to work for a competitor, starting a competitive business, or soliciting business from the employer’s customers for a specified period of time and in a specified geographic location.

Noncompete agreements that are prohibitively restrictive give employers a false sense of security. If the contract is written too broadly, it’s unlikely to be upheld by the courts. For example, if a contract prevents a departing employee from working for a competitor anywhere in the state for six years, it will likely be unenforceable. If it prevents the employee from working for a direct competitor located within a reasonable distance and for a reasonable period of time, it’s much more likely to be enforceable in court.

Because we’re trial attorneys, we understand how the courts have interpreted the law as it relates to covenants not to compete. This knowledge gives us important insights that we put to use when we review and draft noncompete agreements and advise our clients.

Business Law FAQ

For frequently asked questions and answers on business law, please click the button below.