Intellectual property provides value beyond core business and is often a company’s most significant resource. Businesses, now more than ever, are relying on social media (Instagram, Twitter, Facebook, etc.) to sell products or services; increase exposure; gain a larger audience and acquire product or content feedback. Trademarks, with the influx of social media and e-commerce,…

It is commonly understood that questions of constitutional law come up frequently in the practice of criminal law, since several amendments in the United States Constitution deal directly with guaranteed protections from governmental overreach during the investigation and prosecution process. But civil practitioners must also frequently consider the United States Constitution when handling matters such…

The city of Austin has sued the Travis Central Appraisal District (“TCAD”). Austin’s contention in the suit is that land identified as C1 vacant land or F1 commercial land is being systematically undervalued by TCAD. The argument being made by Austin is that, as a result of commercial land being systematically undervalued, the tax burden is…

When a business contracts someone for services, it is important for both parties to have a clear understanding of whether that person is an employee or independent contractor. Failure to do so can lead to significant legal and tax consequences. For example, employers are required to withhold income taxes for employees, but not for independent…

One of the fundamental principles of employment law in Texas is the “at-will employment” doctrine. This means, of course, that absent a specific agreement to the contrary, an employer may terminate the employee at-will “for good cause, bad cause, or no cause at all.” Montgomery Cnty Hosp. Dist. v. Brown, 965 S.W.2d 501, 502 (Tex….

Bring your own device, or “BYOD,” is phrase that has been adopted to refer to businesses that allow their employees to bring their personal devices to work, such as their personal computers or tablets, to serve as replacements for laptops or PCs provided by the employer. Rather than using computer hardware that is provided by…

Right now, housing in Austin is known for high prices and relative scarcity. However, many low-income Austin homeowners are living in homes that are in disrepair for various reasons. De Leon & Washburn has supported Volunteer Legal Services of Central Texas (VLS) for many years, and our attorneys have worked with VLS pro-bono clients in…

When clients come into our office with a breach of contract case, a large part of the conversation revolves around getting an idea of which damages and categories of damages are and are not recoverable in that specific case. This article is the first in a series dealing with the different types of damages a…

There have been rumblings about changes to overtime rules and the Fair Labor Standards Act (“FLSA) for several months now. It started on March 13, 2014, when President Obama signed a Presidential Memorandum directing the Department of Labor (“DOL”) to update the regulations defining which white collar workers are protected by the FLSA’s minimum wage…

Forming the right entity It’s important to choose a legal structure that maximizes benefits to the business and its owners. The two best options for startups are corporations and LLCs due to the limited liability protection they afford to owners. Ownership/management flexibility and tax issues are also important factors in deciding which entity to use….