Misclassifying Your Workforce

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  • Changes Afoot in Texas Noncompete Law?

    November 27, 2014

    The Texas Court of Appeals 2013 decision in Nacogdoches Heart Clinic, P.A. v. Pokala raises some puzzling questions about the direction of noncompete law in Texas. It makes sense from a public policy perspective, but it’s hard to find a basis for it in Texas statutory law. Does this signal that noncompetes will be more […]

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  • Even After Winning Lawsuits Company Must File for Bankruptcy [e123]

    November 26, 2014

    The guys talk about Aereo’s recent Chapter 11 bankruptcy filing, even after it had won multiple lawsuits. They also answer the special Thanksgiving question, “Can I provide a free Thanksgiving meal to my employees?” Transcript: NASIR: All right. Welcome to Legally Sound Smart Business. Uh, I messed up. MATT: You didn’t mess up. That’s the […]

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  • Legally Poaching Employees from Another Company (and Preventing It)

    November 25, 2014

    Competing for Great Employees Bad news for employers. The economy is getting better. Affordable and talented employees are becoming harder to find. Employees are quitting more now than they have in the last six years. Minimum wage increases have been peppered throughout the United States. Welcome to the competition for great employees. Poaching has a huge […]

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  • Pregnancy Discrimination Case Results in Largest Verdict [e122]

    November 24, 2014

    Nasir and Matt discuss the pregnancy discrimination case against AutoZone that resulted in a $185 million verdict.  They also answer, “Can I protect our trade secrets in a confidentiality agreement?” Transcript: NASIR: All right. Welcome to our podcast where we cover business in the news and answer some of your business legal questions that you, the […]

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  • Starbucks Suffers from a Holiday Promotion Gone Awry [e121]

    November 21, 2014

    Nasir and Matt close out the week by talking about the Starbucks’ promotion that resulted in untended buy one get one free offers.   The guys then answer, “Can I have one of my employees also be a contractor for special events?” Here is the image of the coupon and the tweet exchange with Starbucks from @daveraleigh. […]

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  • Should I Organize My Business as a Professional Corporation?

    November 20, 2014

    The professional corporation, or PC, is a form of business organization available under various state laws to narrow list of licensed professionals, including doctors, dentists, chiropractors and acupuncturists. Decisions about business form tend to boil down to weighing the advantages and disadvantages of any particular structure with respect to personal liability and tax matters, but […]

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  • Why the USPS Data Breach was Significantly Different [e120]

    November 19, 2014

    The guys discuss the recent data breach at the US Postal Service that led to confidential employee information being compromised.  They also answer the question, “What do I need to do to my guest room to make it a writeoff for my business?”

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  • How to Avoid Legal Liability for Your User’s Content

    November 18, 2014

    A common risk of user-submitted content is that it may infringe on the copyright or trademark of another.  Even with a disclaimer of liability and indemnification from users (discussed below), web site operators may be left vulnerable to claims for Contributory Infringement. Contributory Infringement To be held liable for contributory infringement for the acts of  users, web site […]

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  • How to Sell a Trademark and Avoiding Infringement [e119]

    November 17, 2014

    Nasir and Matt start the week by discussing Ohio State University suing a t-shirt company for trademark infringement and unfair competition after t-shirts were sold with school names, logos, and slogans.  They then answer, “Many years ago we bought up a bunch of trademarks for potential names for new product lines. Someone approached us to […]

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  • Are Restaurants Legally Allowed to Play Music and TV? [e118]

    November 14, 2014

    The guys end the week by discussing a recent lawsuit in New York involving restaurants being sued by the music industry for playing music. They answer the question, “One of our former employees filed a frivulous lawsuit against us. Our attorney is reluctant to countersue for malicious prosecution so should I just forget about it?”

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