Business law · Leander · North Austin
Business law for Texas companies.
Forming the company, the agreements it runs on, the people it hires, and the disputes that come up along the way. Practical counsel from a lawyer who has worked inside a Fortune 100 company and a startup.
Forming the business
Choosing an entity, such as an LLC, a corporation, or a professional entity, filing a certificate of formation with the Texas Secretary of State, and writing the company agreement or bylaws that say how the owners make decisions and what happens when one of them leaves.
Contracts the business runs on
Customer and vendor agreements, services agreements, nondisclosure agreements, and the terms on your website. The goal is a contract the people on both sides can read, that matches how the deal actually works.
Hiring, agreements, and restrictive covenants
Offer letters, employment agreements, independent contractor agreements, separation agreements, and non-compete, non-solicitation, and confidentiality covenants. This is where business law and the workplace practice meet, and where the HR background is most useful.
Business disputes
A broken agreement between businesses or people: what was promised, what was done, and whether a lawsuit or a demand already exists. The firm reviews the contract and the record, and helps you decide on a demand, a negotiated resolution, or a defense.
Arbitration agreements
Whether to require arbitration, and how to write an agreement Texas courts will enforce: mutual promises, a modification clause with notice, clear carve-outs, and a deliberate choice between the federal and Texas arbitration statutes. Arbitration is not always cheaper than court, so the decision starts with your workforce and your risk. Read: employment and labor arbitration in Texas.
Where this comes from
Andrew M. Crawford has seen how agreements and policies work in practice, at Deere & Company, at The Boring Company during its Texas build-out, and at Activision, a division of Microsoft. More about Andrew.
Common business law questions
Should my business be an LLC or a corporation?
It depends on who owns the business, how you plan to pay yourselves, whether you will take outside investment, and how you want it taxed. Many small Texas businesses choose an LLC for its flexibility, but it is not always the right answer. The choice is worth a short conversation with a lawyer and your accountant before you file.
Does a single-owner Texas LLC need a company agreement?
Texas does not require a written company agreement, but a business without one runs on the default rules in the Texas Business Organizations Code. A written agreement sets out how decisions are made, what happens if an owner leaves or dies, and how the business is kept separate from the owner, which is useful even with one owner.
Are non-compete agreements enforceable in Texas?
They can be. Under Texas Business and Commerce Code section 15.50, a non-compete must be ancillary to an otherwise enforceable agreement and reasonable in time, geographic area, and the scope of activity it restrains. A court can reform an overbroad covenant. How an agreement is drafted, and what the employee receives for it, matters.
Should I hire an employee or an independent contractor?
The label in the contract does not decide it. Federal agencies, the IRS, and the Texas Workforce Commission each look at how the work is actually controlled and paid, and Texas presumes a worker is an employee for unemployment tax. Misclassification can lead to back taxes, unpaid overtime, and penalties, so it is worth getting right before the work starts.
Can you help if the other side has already broken the contract?
Yes. The firm reviews the agreement and the record, and helps you decide between a demand letter, a negotiated resolution, and a defense. If the matter needs a trial team or a lawyer who concentrates in that area, Andrew will tell you and refer you.
Already need to tell the whole story? .
Talk with Andrew.
Start with a free 15-minute call to see whether the firm is a fit. Work is quoted up front in fixed blocks of time. Meetings are by appointment in Leander and North Austin.