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FTC Bans Most Non-Compete Agreements
The FTC determined that the rule would foster competition (and that NCAs harm the labor market, prevent the formation of new businesses, etc

Garrett A. Heckman
May 4, 20243 min read


Texas Business Courts – What, Why, and How?
In 2023, Texas adopted HB 19, establishing the Texas Business Courts ("TBC"). The TBC will operate in several metropolitan areas, the TBC...

Garrett A. Heckman
Mar 4, 20246 min read
Top 5 New Laws in Texas for 2024
Happy New Year! Sorry that this post is coming in late. As always, January 1 brings with it a slate of new laws. My criteria here are:...

Garrett A. Heckman
Feb 8, 20243 min read
Top 5 New Laws in California for 2024
Happy New Year! Sorry that this post is coming in late. As always, January 1 brings with it a slate of new laws. My criteria here are:...

Garrett A. Heckman
Feb 8, 20243 min read
FinCEN Proposes Lengthening Reporting Period to 90 Days
In September 2023, the Financial Crimes Enforcement Network ("FinCEN") proposed amending its reporting requirements under the Corporate...

Garrett A. Heckman
Nov 20, 20231 min read
Alternative Dispute Resolution (Common Clauses)
(This post is part of a series called “Common Clauses,” focused on explaining so-called boilerplate provisions of contracts. Click the...

Garrett A. Heckman
Nov 11, 20233 min read
The Property Owner Rule (Property Owners as "Expert" Witnesses)
Introduction In most contexts, if you end up at trial, your opinion is not admissible unless you're qualified as an expert. See Fed. R....

Garrett A. Heckman
Sep 8, 20232 min read
Severability (Common Clauses)
(This post is part of a series called “Common Clauses,” focused on explaining so-called boilerplate provisions of contracts. Click the...

Garrett A. Heckman
Aug 4, 20233 min read
The Texas Constitutional Mechanic's Lien
If you're a contractor in Texas (or any state), you're probably familiar with mechanics' liens. Although your state constitution may...

Garrett A. Heckman
Jul 18, 20235 min read
AB 3075 (Statements of Information, "Successor" Liability)
California law requires business entities to file a statement of information ("SOI") every two years (e.g., LLCs, nonprofit corporations)...

Garrett A. Heckman
Jul 13, 20233 min read
CTA Reporting Companies – Consider Forming Them Now
The purpose of this post is to remind small business owners that " the Rule " goes into effect next year. If you plan on forming a new...

Garrett A. Heckman
Jun 26, 20232 min read
Shelf Companies – What, Why, and How?
Introduction You have decided that you need a business entity. You know that the wait time in your state is two or more weeks (or perhaps...

Garrett A. Heckman
Jun 26, 20233 min read


Is an Operating Agreement Legally Required?
In both Texas and California (and, likely, in all states), you ought to have an operating/company agreement. In California, you have one if you have an LLC, it's just a matter of what the terms are and who interprets them. In Texas, it is not required by law.

Garrett A. Heckman
Jun 10, 20233 min read
Interpleader in Construction Cases
A bank holds $15,000.00 in an account owned by John Smith. But two different people claim to be the "John Smith" whose name is on the...

Garrett A. Heckman
May 10, 20234 min read
Headings for Information Only (Common Clauses)
(This post is part of a series called “Common Clauses,” focused on explaining so-called boilerplate provisions of contracts. Click the...

Garrett A. Heckman
Apr 25, 20233 min read
The Texas Strips and Gores Doctrine
You might have seen (or even signed) a deed that contains language similar to this: "...including all of Grantor’s right, title and...

Garrett A. Heckman
Mar 14, 20233 min read
Corporate Transparency Act Reporting in 2024 (Yes, Even You)
The Corporate Transparency Act ("CTA") is a federal law that seeks to prevent money laundering, terrorist financing, tax evasion, etc....

Garrett A. Heckman
Feb 16, 20233 min read


California's Draconian Section 7031 (Disgorgement)
The several states treat unlicensed contractors differently. For example, in Florida, unlicensed contractors can't sue for breach of contract; in Texas, most contractors aren't even required to be licensed (at the state level). But California takes the strictest approach I've seen.

Garrett A. Heckman
Feb 11, 20235 min read
Best States for Nonprofits (January 2023)
You often hear about which states are best or toughest for businesses with regard to taxation, regulation, complexity of starting up,...

Garrett A. Heckman
Feb 10, 20232 min read
Top 5 New Business Laws in Texas in 2023
It’s a new year, and January 1 almost always brings with it new laws and regulations. In Texas, the big news has been for property taxes...

Garrett A. Heckman
Feb 8, 20233 min read
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