Torts a Mainstay at Heselmeyer Zinda, PLLC

Heselmeyer Zinda, PLLC, a business law firm with offices in Austin and Dallas, handles business tort cases.

The idea of wrongful interference, or tortious interference within a business relationship, is a practice area of Heselmeyer Zinda, PLLC, a Texas-based law firm with offices in Austin, Round Rock and Dallas. The theory of the tort has little, or nothing to do with the popular conception of the word, except perhaps in a figurative sense. According to D. Scott Heselmeyer, what it means, basically, “is meddling, as it applies to business law. A line must be drawn in the sand, so that no one may intentionally intermeddle with the business affairs of others.” The key is “intentionally,” as situations may arise which are inadvertent or “accidental.” An example of tortious interference “might be a deliberate attempt to get employees to leave their present employment and migrate to a competitor, or even to a non-competing firm that desires the skill sets they’re seeking to obtain,” Heselmeyer explains. It’s a bit similar to the War of 1812, when British frigates sought to kidnap American sailors and “impress” them into the British Navy, akin to an act of piracy on the high seas. Somewhat similarly, to “impress” employees to leave their current employment in an act of “tortious or wrongful interference” and take work with another is unlawful.

Tortious interference can also become more complicated – when the objective is not so much to obtain the workers, but to cause harm to the company they’re working for. “Sometimes enticement occurs,” Heselmeyer clarifies, “and in those cases the objective may be different. A more malicious instance of tortious interference may have as its endpoint to cripple or destroy the employer, typically a competitor.”
Another twist of tort is when unlawful inducement becomes associated with untruthful means, or when employees are seduced to commit wrongs against their employer in the manner of disclosing proprietary information.

It is not unlawful merely for someone to hire away someone else’s employee, for instance, by offering to provide better compensation. “This is true no matter how much the loss of that particular employee might inconvenience his former employer,” Heselmeyer explains, “Our society is based on principles of free enterprise, and a business proprietor has no legal right to complain, or avenue of redress, if the base of his complaint merely results from lawful competition.”

To learn more about Austin business attorney Jack Zinda visit Texasbusinessattorneys.net.

Ins and outs of Dissolving a Corporation

Heselmeyer Zinda, PLLC knows what’s involved in matters of corporate dissolution.

Dissolving a corporation is not as easy as it sounds. In nearly every business, there comes a time when, the life of a company should come to a close. Dissolving a business relationship is often a more arduous task than the initial start-up.

When it comes time to dissolve your corporation, someone will have to tie up any loose ends and fulfill the final legal obligations of the company. But how is this accomplished? “The process behind dissolving a company is dependent upon the business structure. Special handling is required especially with the involvement of shareholders,” states D. Scott Heselmeyer of Heselmeyer Zinda, PLLC.

Just because all of your merchandise is gone and you have closed your doors for the final time, do not assume that your company is finished. From a legal viewpoint, the company still exists even if you are no longer conducting business. Until an official dissolution is completed, the state requires the corporation to continue to fulfill its legal obligations.

“Not dissolving your corporation can have severe consequences,” says Heselmeyer, “the costs typically do not outweigh the consequences of failing to legally dissolve your company.”

Besides not having corporate closure, some consequences that you may be forced to deal with are tax filings and the associated penalties and fees of late filing, personal liability, annual reports, future product liability from any product sold while the company was in operation and asset allocation delay. The latter is likely to directly affect the shareholders, who would not be legally entitled to their share of the company’s assets until an official dissolution has been made.

When you first decide to dissolve a company, you need to adopt a corporate resolution to dissolve, an action designated by the board of directors. A vote has to be taken with minutes of the meeting recorded and retained in corporate records. Once this has been approved by the board of directors, a majority approval amongst the shareholders must be reached. Once these details have been met, an Article of Dissolution will need to be filed with the Secretary of State of your particular state; sometimes this can be accomplished with a certificate, but may require a more complicated process.

To learn more about Austin business attorney Jack Zinda visit Texasbusinessattorneys.net.

Ins and outs of Real Estate Litigation

Real estate litigation serves to mitigate disputes that may arise in a variety of circumstances.

Litigation is defined as the process of bringing a lawsuit. In business litigation, specialties arise within the specialty. One of these is real estate litigation.

Real estate litigation typically arises from real estate disputes. Such disputes may occur within purchase and sales contracts, partnership disputes, claims involving breach of fiduciary duty, commercial leases, property insurance, property tax assessment, and design and construction defects or boundaries. All of these sub-specialties within real estate law may require litigation expertise to resolve.

The objective with any litigated real estate case is to obtain a favorable outcome. Representation in matters of fiduciary duty and partnership and contract disputes can often produce multimillion dollar judgments and defense verdicts in favor of a real estate litigator’s clients. Litigators of real estate matters often represent buyers and potential buyers of real estate. Within the real estate milieu, land use restrictions leveraged in advantageous ways are often litigated for clients as diverse as owners of vineyards, hotel and motel owners and developers (and increasingly with bed & breakfast lodging establishments as proprietary brands are haggled over), and developers of commercial and residential properties. Real estate litigators frequently become engaged in disputes over boundary lines and easement rights, enforcement of seismic retrofitting requirements, and the failure of property owners from adjoining or abutting parcels to comply with zoning and permit requirements.

Homeowners too, most notably persons of wealth, may engage a business law practice handling real estate litigation for such matters as major design and construction flaws that may have been hidden or obscured when they initially purchased their properties; in such instances claims against responsible parties, including contractors and sub-contractors as laws permit, may be pursued.

For any real estate litigator, certain inherent skills may be more likely to ensure successful outcomes. One such example is experience in adversarial proceedings. If a business practice lawyer has not appeared before judges and juries as well as alternative dispute resolution forums such as non-binding mediation, it is prudent for potential clients to select another firm. In any case, a competent real estate litigator should be fully prepared to try any case in state or federal court.

Jack Zinda is an Austin business lawyer with Heselmeyer Zinda, PLLC. To learn more about Austin business attorney Jack Zinda visit Texasbusinessattorneys.net.

Business Contingency Cases

Contingency fees are often a key component in cases that have the potential for a very high payoff for the client that does not have the resources or desire to pay a law firm by the hour.

A contingency fee is the cost of legal representation when payment to an attorney is based upon a percentage of what a client receives in a settlement or judgment. While contingency cases are well-known to the public in the personal injury realm, business contingency cases can also be extremely viable for clients that have a business law issue. In either specialty, when a case comes along that a company does not have the resources to pay thousands, if not millions, of dollars in legal fees, the case is frequently dropped out or not engaged initially out of economic necessity. Contingency fees allow these cases to be pursued.

The trick of expertly handling contingency cases is to combine large-firm expertise with small-firm attention while reducing overhead.

The best business law firms in a given state or region are renowned for successful outcomes achieved in at least one or two, and preferably several, well-chosen contingency cases. Certain prudent firms versed in business contingency cases may carry three or more promising contingency cases at all times. A single such case may consume up to 20 percent of a firm’s available time, but typically generates between 40 and 50 percent of the same firm’s revenues.

The crucial part of any business firm’s contingency strategy is that these cases must be well chosen. The ideal formula is to have a relatively small number of such cases in the game, as a loss in a time-consuming and hard fought contingency case could seriously impair even the most aggressive firm’s bottom line.
Financial thresholds for a contingency-based case can range from tens of thousands to several million. Once an appropriate financial range is established, the case must be thoroughly analyzed and determined to be financially viable with sound prospects for success, assuming that the matter is deemed substantive enough to go to trial.

Legal vehicles such as blended contingency models, in which a fee consists of discounted hourly rates and a significant percent of the recovery, are considered the most useful, although individual negotiation is recommended so that the client is satisfied at the outset.

Jack Zinda is an Austin business lawyer with Heselmeyer Zinda, PLLC. To learn more about Austin business attorney Jack Zinda visit Texasbusinessattorneys.net.

Secrets of Mediation and Arbitration

According to Austin-based business lawyer Jack Zinda, of the law firm Heselmeyer Zinda, PLLC, two of the most productive tools for resolving legal disputes are mediation and arbitration.

Mediation is typically negotiation facilitated by a mutual and unbiased third party. Arbitration is a binding resolution process that resembles the results achieved in a courtroom at trial – but with far fewer technicalities and legal niceties entailed. “These are my tools for resolving legal disputes,” explains attorney Jack Zinda of the law firm Heselmeyer Zinda, PLLC, “Without them, resolving many legal disputes would be much more time consuming and expensive.”

Mediation is very different from arbitration, however. “Sometimes the parties are unwilling or unable to resolve a dispute,” Zinda says, “and that’s when mediation can make a real difference.” It’s most often short-term, structured, and task-oriented. “It’s a hands-on process,” according to Zinda. The contentious parties work with a third party, someone as unbiased as possible, who is referred to as a mediator – in an effort to resolve their disputes. It’s up to the mediator to supervise and moderate how and what information is exchanged between the contentious parties so that a genuine bargaining process begins to emerge. “The mediator is adept at discovering common ground that may exist and deal with unrealistic expectations as they arise,” says Zinda, “He’s also likely to introduce creative solutions and assist in the final drafting of a settlement that everyone can live with.”

Arbitration is a much more formal alternative to litigation. Contentious parties are also presenting their case to a neutral third party, but this time the arbitrator renders a decision in the manner of a judge. “Arbitration is generally considered more efficient than litigation because it’s quicker, cheaper, and provides more flexibility,” Zinda notes, “Typically the contentious parties get to choose their arbitrator and exert at least a measure of control over some aspects of the arbitration procedure.” Arbitrators are likely to possess more expertise and specific knowledge of a relevant subject area than mediators – or even judges. Evidentiary rules are not applicable and discovery and cross-examination opportunities are limited, however.

“The best thing about arbitration is that it’s voluntary,” Zinda concludes, “and mediation is always discretionary. In litigation, contentious parties are obliged to take their chances.”

To learn more about Austin business attorney Jack Zinda visit Texasbusinessattorneys.net.

When Business Partners Disagree

Austin-based business lawyer Jack Zinda of the law firm Heselmeyer Zinda, PLLC offers some cogent advice for resolving partnership disputes.

Disagreements between business partners are often difficult to resolve. Many issues can emerge as conflicts. Contracts can be breached, business opportunities can be usurped, trade secrets can be stolen, or funds can be embezzled – with or without impunity. Resolving such conflicts can be time consuming, emotionally draining, and well, they cause stress or worse.

“It happens all too frequently,” says Austin-based business lawyer Jack Zinda of the law firm Heselmeyer Zinda, PLLC, “even the best intentioned business partners often find themselves disagreeing for a multitude of reasons.” Such disputes could arise from a failure to honor fiduciary duties, a failure to fulfill contractual obligations put forth in a partnership agreement, operating agreement or other business contract, trade libel, disparagement of goods or services, disputes among LLC members or perhaps by engaging in clandestine business dealings which don’t happen to coincide with the best interests of the company. “These disputes need to be resolved in an expedient manner. Sometimes an issue that’s arisen can be resolved internally, but most often they require legal help,” Zinda asserts.

If the dispute can’t be resolved internally, other options may surface, including the dreaded one – litigation. Owners of close-knit companies and small businesses will generally want their conflicts resolved as amicably as possible, so that they can return to servicing their customers. Negotiation, mediation, and arbitration are the best ways to avoid litigation. Through these conciliatory routes it’s often possible to arrive at a resolution made, if not in heaven, than in a netherworld that makes sense to all concerned. “When a dispute occurs, the business that you have worked to build and maintain can suddenly be placed in jeopardy,” Zinda explains, “Our goal is to truncate a crisis before it becomes a full-scale crisis.” Through alternative dispute-resolution procedures such as negotiation, mediation, and arbitration, it’s often possible to arrive at solutions that address a business partner’s integrity issues or decision-making authority while still preserving the infrastructure of your enterprise. “What you don’t want to do is throw your firm’s functioning ability out with the nasty bath water that’s been pooling in the office as a consequence of antagonism.”

To learn more about Austin business attorney Jack Zinda visit Texasbusinessattorneys.net.

Business Basics

A certain degree of motivation and talent are required for starting and managing a business – any business. But if certain mistakes are made during the start-up phase, they can be difficult or impossible to erase.

When considering opening a business, you first need to explore and evaluate your personal and business goals. Why are you opening a business? A plan is needed to help obtain your personal and business goals. While developing a plan you’ll be forced to think through important issues that otherwise may have gone unconsidered. This plan will become an invaluable tool as you set out on the adventure of business start-up.

Entrepreneurs open businesses for many reasons. Perhaps the opportunity to gain financial independence through the full utilization of your expertise acquired through an active life intrigues you. Freedom of creativity is another perk of self-management. Some types of business can be run quite successfully from your home, which is a plus for parenting and juggling the omnipresent demands found in at-home settings.

Once a plan of action has been decided upon, a choice must be made. What business would be right for you? Begin with the knowledge and skills acquired from previous work experiences or possibly hobbies or interests at which you have excelled.

After the initial start-up of your plan, it’s usually prudent to identify the niche that your business would fill. When deciding what products or services to offer, keep in mind that competition will exist no matter what your specialty area happens to be. The goal is to offer an advantage the competition doesn’t have.

Other considerations are issues such as legal coverage, insurance, how you will maintain business records, and the equipment necessary for your business to run. It’s also an excellent idea to follow the famous maxim used in the real estate industry: location, location, location. The name that you select for your business is also important. Choose something that makes sense and doesn’t rhyme with “stooges.”

Once you’ve developed a focused, well-researched plan for your business, it will serve as a blueprint for future business operations, management and capitalization. After you have completed your business plan, be sure to review it with a business attorney or else run it by someone who is knowledgeable about YOUR daily business operation. This careful attention to detail will help to ensure success.

Jack Zinda is an Austin business lawyer with Heselmeyer Zinda, PLLC. To learn more about Austin business attorney Jack Zinda visit Texasbusinessattorneys.net.

Rules for Executive Compensation

The federal securities laws require clear, concise disclosure about compensation paid to CEOs, CFOs, and certain other high-ranking executive officers of public companies.

Rules for executive compensation are governed by the federal securities laws. Several types of documents that a company must file regarding their executive compensation policies and practices should be organized within a company’s proxy statement, annual report on Form 10-K, within registration statements filed by the company established to register securities for sale to the public, and also should be contained within the company’s current report on Form 8-K.

In the annual proxy statement, companies must disclose information revealing the amount and type of compensation paid to its chief executive officer and the three other most highly compensated executive officers. Companies must also disclose the criteria used in reaching executive compensation decisions and the type of relationship existing between the firm’s executive compensation practices and company performance.

The cornerstone of the Security and Exchange Commission’s required discourse on executive compensation is The Summary Compensation Table (SCT). In a single location, the SCT provides a comprehensive overview of a company’s executive compensation practices. In larger multinational corporations, these can become somewhat complex in their structure, but will always bear a superficial resemblance to a flow chart. SCTs must include the total compensation paid the firm’s chief executive officer, chief financial officer, and three other most highly compensated officers for at least three previous fiscal years. The SCT is succeeded in order by other tables and precise disclosures containing increasingly detailed information about the various facets of compensation used during the most recently completed fiscal year. Essential to include are grants of stock options, stock appreciation rights, long-term incentive plan awards, pension plans, employment contracts, and related arrangements.

An additional component of a company’s executive compensation dossier is the Compensation Discussion and Analysis (CD & A). Functioning in the manner of an appendix, this section should explain all material elements of the relevant executive compensation programs not yet addressed.

Jack Zinda is an Austin business lawyer with Heselmeyer Zinda, PLLC. To learn more about Austin business attorney Jack Zinda visit Texasbusinessattorneys.net.

New Businesses Need Good Legal Representation

When starting a new business it’s critical to have effective legal representation.

While it may be nice to think about starting a new business and making a small fortune over a period of time, don’t forget the nuts and bolts of what makes a good business viable. One of those fundamental things is having access to a skilled business attorney who keeps the business on track.

A lot of first time entrepreneurs make the mistake of thinking they are able to handle their business affairs on their own. Unfortunately the bankruptcy statistics tell another story. It only makes good common sense to have a business attorney who is able to offer advice every step of the way as the venture grows. Without this kind of expertise, business owners may well find themselves in deep waters in mere months.

Some small business owners or would-be entrepreneurs wonder if they need to spend the time and money to find an attorney so early in the game. It may seem simple to try to handle things on your own but it gets complicated quickly. The problem is that there are many issues with any new business and these can only be answered by a competent business lawyer.

It’s a fact of business life that the laws that apply to running a business are often complex and confusing. Trying to muddle through the legal jargon is something best left to a highly qualified business attorney. While the attorney’s costs up front may be more than a business owner was thinking to spend, the long-term savings by following solid legal advice will more than make up for the initial outlay. A good business attorney is worth their weight in gold, not only for their skills, but for their invaluable knowledge.

Knowing the laws that govern a business is often a smart business move. This isn’t to say that as a business owner, there is a requirement to know the fine print in all situations. This is the business attorney’s forte. Running a business and trying to keep up with the various codes, restriction and laws is a headache best left to the attorney who deals with those items on a daily basis. Business lawyers are skilled in sifting through the morass of information and providing options in plain English.

Attorneys will coach a new venture in the differences in setting up a company as an S corporation, a partnership or another structure, or perhaps an LLC. Having the attorney provide the outline of which route would likely work best for the company being proposed, the entrepreneur has one more thing off their plate in setting up their business entity.

In light of today’s volatile business markets, entrepreneurs need the best advice available on how to set up their business. Only a fully qualified business attorney will fit the bill and deliver what the small business needs to start growing.

To learn more about Austin business attorney Jack Zinda visit Texasbusinessattorneys.net.

Employment Agreements Are Critical

If you run a business, never be without an employment agreement. It will be the best thing that you ever do to protect the business.

At one time people used to be hired to work somewhere with very little in the way of formal paperwork. Sometimes it was even just a handshake hiring where the employer’s word ruled and the employee did what was requested of them as part of their job.

These days the times have changed drastically, and in addition to it being essential to have an employment agreement, the workplace has changed to one where adversity and employment issues often seem to be the flavors of the month.

If you own and operate a business in the 21st century, one of the first things you will need to have in place is a binding agreement for work between your company and any executive you may choose to hire. The bottom line is that the person is agreeing to perform various services in trade for a wage. This kind of an agreement is not to be confused with an executive compensation agreement. The executive employment agreement, as outlined by an expert business attorney, is binding and once the agreement has been signed by both parties, they are promising to live up to the terms of the agreement.
Generally speaking an executive employment agreement has what is referred to as a recitals section that speaks to the purpose of the agreement. In most instances, the first recital refers to the company wanting to hire a certain person in an executive position, and that person wants to be hired in the position. In other words, although the language may be legal, the intent is straightforward enough.

Common elements usually found in an executive employment agreement are compensation and benefits offered, the term of employment, the duties to be performed by the executive, the duties the employer has to perform, a section dealing with keeping information confidential, a non-competition agreement and what happens in the event of termination clause.

Typically these types of agreements are best drafted with the assistance of a skilled business attorney who will outline the “must have” sections in agreements of this nature.

Jack Zinda is an Austin business lawyer with Heselmeyer Zinda, PLLC. To learn more about Austin business attorney Jack Zinda visit Texasbusinessattorneys.net.

The Helmet Saves Lives in Motorcycle Crashes

While it might not be the most chic apparel you will ever wear, a motorcycle crash helmet may save your life.

Most states have their own rules about helmets and if you have any questions about those laws, it is best to consult with a qualified motorcycle attorney with experience in this area. The laws are there for a reason, and that reason is to save lives, which may include yours. Of course if you happen to live in New Hampshire, Iowa, Illinois or Colorado there is no helmet law.

States that mandate riders must wear a full helmet are West Virginia, Washington, Virginia, Vermont, Tennessee, Oregon, North Carolina, New York, New Jersey, Nevada, Nebraska, Missouri, Mississippi, Michigan, Massachusetts, Maryland, Louisiana, Georgia, California and Alabama.

The other states have laws that exempt adult riders, meaning those that are 18 and over. Then there are seven states that insist adult bikers (18-20 years old) wear helmets. Texas is one of those states, which has raised some questions about possible discrimination issues.

Actually, the bottom line has nothing to do with discrimination, and everything to do with saving lives and protecting people from severe and debilitating injuries. The fact is that younger riders also do not have as much experience as older riders and tend to get into more crashes. It's similar to the fact that younger drivers, particularly males, tend to get into more auto accidents.

The major reason for wearing a helmet has to do with protecting the brain from coup and contrecoup injuries. DOT approved helmets act as a cushion and reduce the chances of your brain getting slammed about inside your skull. While the skull may be tough, the brain is the most fragile organ in the whole body, and thumping it around causes severe problems, often for the lifetime of the injured biker.

If you or a loved one has been involved in a motorcycle crash that was caused by someone else, whether you were wearing a helmet or not, you may be entitled to compensation for your personal injuries and damage to your bike. Consult with a highly skilled motorcycle crash attorney who knows how to get you the settlement you deserve.

Jack Zinda is an Austin business lawyer with Heselmeyer Zinda, PLLC. To learn more about Austin business attorney Jack Zinda visit Texasbusinessattorneys.net.

To Compete or Not to Compete, That Is the Question

Non-compete agreements have been a troublesome item to understand for many people. However they are relatively straightforward.

A great many people don’t truly understand the ramifications of a non-compete agreement, but if caught in a situation where the issue raises its head, they usually get the drift fairly quickly. It all boils down to the basic fact that a person selling a business agrees not to compete or participate with the buyer of that business in the same niche, area, industry or market for a certain period of time.

The long and short of it is this agreement is alternatively referred to as a covenant not to compete or a non-compete agreement. This document, provided it meets certain conditions, may be defined as an acquired intangible asset accruing to the buyer. Be aware that this means it will be subject to cost recovery requirements from the IRS.

These agreements are far more common than people think, and it is customary when a business buyer and business seller iron out the terms of their agreement that they include a non-compete agreement. It’s a smart thing to do if it may be amortized for cost recovery for federal tax purposes.

The business of buying an enterprise generally breaks down into asset classifications: hard and soft assets. The hard assets are things like the equipment on the premises, etc, and the soft assets are intellectual property, the goodwill of the business and the non-compete agreement (often also called a covenant). The difficult task for the buyer often becomes trying to evaluate the price of the non-compete agreement. This has to do with the IRS mandating that intangible assets have to be depreciated over 15 years – much longer than those tangible assets.

Figuring out precisely what the non-compete agreement is worth is a headache of monumental proportions if done alone without the expert guidance of a skilled business attorney. In general the attorney will assist the buyer in determining how much damage the seller may be able to inflict on the buyer’s new business without a non-compete agreement. If the term confusion comes to mind, it’s time to speak with an expert business attorney and get on with running the business.

To learn more about Austin business attorney Jack Zinda visit Texasbusinessattorneys.net.

Defective Drugs Take Their Toll

Anyone who has been made sick by taking a drug with ghastly side effects knows full well they can take their deadly toll.

Getting sick means putting your trust in the hands of doctors, pharmacists and drug manufacturers. Sometimes that trust is betrayed in a way that results in serious injuries or death by taking defective drugs. If someone takes a defective drug, there are product liability laws designed to hold people responsible.

A defective drug is one that has severe adverse side effects. "It isn't only a prescription drug, it may also be one sold over the counter," indicated Jack Zinda, a partner at the law firm of Heselmeyer Zinda PLLC, in Austin, Texas.

In some instances, drug companies know about the side effects and market the drug anyway. In other cases, they find out about the side effects later and either choose to keep the drug on the market, or have it recalled by the Food and Drug Administration (FDA).

"The bottom line in cases involving a defective drug is that if the drug caused harm to a person, and the drug company knew about the dangerous side effects and chose to do nothing, they may be found liable for the consequences," added Zinda. Drug companies are responsible to test their drugs for side effects before taking them to market. Additionally, they are required to advise people about those side effects.

"Despite the fact that the U.S. FDA is mandated to safeguard public safety and health, there are far too many instances where defective drugs with deadly side effects are approved and remain on the market despite reported severe drug reactions and deaths," stated Jack Zinda, a partner at the law firm of Heselmeyer Zinda PLLC, in Austin, Texas.

The FDA doesn’t have enough manpower to keep track of all the drugs brought to the marketplace, and they often find out about the side effects later. This is often too late for people who took the drug(s) believing that they were safe.

If faced with a situation where a drug has caused devastating side effects or death, contact a defective product attorney post haste and have the case assessed. Jack Zinda, partner at the law firm of Heselmeyer Zinda PLLC, in Austin, Texas, handles these types of cases.

Jack Zinda is an Austin personal injury lawyer. To learn more about Austin injury lawyer Jack Zinda visit Hzfirm.com.

Pssst, the Secret Is Out

When a trade secret gets out or is stolen, the ramifications are enormous; proof positive that trade secrets are valuable assets to be protected.

If you haven’t seen the news in the last little while, you may be astounded at the damage awards in two controversial trade secret cases. One in California came in with a jury verdict of $36.3 million in damages in a trade secret and breach of contract case. In Georgia, there was another settlement of $37.3 million. There may be another chapter written in both of these cases, as they may be appealed.

Having said that, the staggering amount of the awards serves to point out something very important to the business community – trade secrets are invaluable to businesses. The fact is that companies with trade secrets they don’t want to lose to another company need to ensure they are protected through non-disclosure agreements (NDA). There is more than one way to protect secrets and it’s for this reason that an expert Austin business lawyer is the best person to turn to when those secrets need to be kept.

Non-disclosure agreements are not standard, run of the mill pieces of paper that an employee signs. They are, in most instances, tailor-made for a specific situation and in some instances for the people who need to sign them. No business should consider operating without a non-disclosure agreement if they have trade secrets that are critical to their industry. For this reason they need to discuss with the lawyer the categories of individuals who need to become acquainted with an NDA as a prerequisite of their employment.

Within and outside of any corporation there are a wide variety of individuals who may have access to a trade secret, and those include, but are not limited to employees, consultants, customers, suppliers, other existing or potential partners and angel investors or merger and/or acquisition aspirants.

Struggling to keep a lid on that secret is of primary importance to the company who will need to consider other methods of secrecy such as encrypted password protection, storing critical material under lock and key, limiting distribution of the crucial information and reminding employees frequently that they need to keep what they know to themselves.

Ironically, many a company that does have secrets to keep finds themselves in the position of wanting to hire someone who used to work for their competitors. This potentially awkward scenario is best addressed by having the new employee sign specific employment agreements to not divulge what they know. Obviously this would be a sticky situation that may have the potential to blow up later should the worker choose to talk about what they know despite having an agreement in place.

Often when an employee is leaving a company and has had access to trade secrets, they need to consider how to handle the potential possibility of being sued for leaking those secrets. Whether or not they are going to work for the competition or start their own business, if they’re smart, they need to have a clear understanding in writing about what they may take when they leave. The trick of course is living up to that agreement.

Jack Zinda is an Austin business lawyer with Heselmeyer Zinda, PLLC. To learn more about Austin business attorney Jack Zinda visit Texasbusinessattorneys.net.

Degrees of Spinal Cord Injuries

Spinal cord injuries may arise as a result of many different causes that include: being hit while playing a high intensity sport (football), a fall, physical abuse, or auto accidents.

Spinal cord injuries do not always take much of an impact to cause significant damage. The impact just needs to be in precisely the right spot. There are two types of classifications relating to spinal cord injuries – complete and incomplete, with the most severe category being a complete injury.

Many people make the mistake of thinking a complete spinal cord injury is the result of a cord being severed or broken. This is a myth. In fact, when there is a complete spinal cord injury, the cord is rarely broken or severed. A patient with a complete spinal cord injury will usually lose feeling and motor functions from the point of the injury down through the rest of the body. Unfortunately, statistics show that there is a less than 5% recovery rate for this type of injury.

Incomplete injuries fall into three further divisions. An injury to the front of the cord is called an anterior lesion. Secondly, an injury to the mid area of the spine is referred to as Central Cord Syndrome. Finally, if a victim sustains a blow to just one side of the cord, and that is the only location of the damage, this is called Brown-Sequard Syndrome. Paralysis may occur with any spinal cord injury. However, with an incomplete injury the condition is usually temporary.

It's very difficult to accurately assess if a spinal cord injury is complete or incomplete until the secondary trauma(s) manifest themselves in order to clarify any potential diagnosis. For instance, swelling and inflammation may ultimately change the initial prognosis from one category to another. There is, however, the chance that secondary symptoms may not be as devastating as initially thought, and allow a partial or total recovery.

If you have been involved in an accident that was caused by someone else's negligence and the diagnosis is a complete or incomplete spinal cord injury, contact a skilled personal injury attorney for a consultation. You may be entitled to receive compensation for your injuries, medical bills, therapy, long-term care, and pain and suffering.

Jack Zinda is an Austin business lawyer with Heselmeyer Zinda, PLLC. To learn more about Austin business attorney Jack Zinda visit Texasbusinessattorneys.net.

That Bites

If the dog's bark is worse than his bite, a court case likely won't be the end result. However, if the bite is worse than the bark, that is another matter.

In some instances, a dog owner may face civil and criminal charges if their dog takes a bite out of someone. While it might not seem like a big deal, it may turn out to be that way.

Dog bite law is an interesting mixture of civil and criminal law and the laws vary widely among jurisdictions. If faced with a dog bite, it's best to hire a competent dog bite attorney who will know what the law says in the particular jurisdiction where the incident took place. An important issue in dog bite cases is whether the jurisdiction follows the one-bite rule.

"The one-bite rule actually originated in English common law and generally speaking, protects a dog owner until he has actual knowledge his dog is dangerous/vicious. Once that becomes evident, the owner is strictly liable for any injuries inflicted by the dog," explained Jack Zinda, a partner at the law firm of Heselmeyer Zinda PLLC, Austin, Texas.

Most states are fairly consistent in saying that an owner is liable if any injuries were caused by negligence in handling the dog or by violating a strict leash law. "If a person happens to live in a state where an owner is considered to be liable by virtue of an existing statute because they own the dog, hiring a dog bite attorney is the smart thing to do," added Zinda.

If faced with a dog bite situation, make certain to assist the victim to get medical attention if it is necessary. "Do not volunteer any information to the person about the dog or the dog's habits or personality. Save this discussion to have with the attorney," advised Jack Zinda, a partner at the law firm of Heselmeyer Zinda PLLC, Austin, Texas. If the dog has unexpectedly bitten someone, or even if it was provoked to bite, immediately take all reasonable precautions to protect anyone else from a dog bite.

If there were any witnesses to the dog-biting incident, get names and addresses, etc. and call the insurance company to report the incident. This is to make sure that if there is a claim, the insurance company defends the owner in a lawsuit. If they are not aware of the incident, any claims filed later may be denied. "Here is one tip that most home owners don't know about, and that is insurance companies will generally ask what breed of dog is on the premises because they will either charge higher rates or decline to insure at all," said Zinda.

Jack Zinda is an Austin business lawyer with Heselmeyer Zinda, PLLC. To learn more about Austin business attorney Jack Zinda visit Texasbusinessattorneys.net.

It's the Prescription Drugs that Cause Truck Accidents

The more big rigs there are on the highways, the greater the chances for a sharp rise in 18-wheeler accidents.

Despite more and better training, trucking companies are still facing an increase in the number of accidents involving their vehicles. "The media used to be rife with reports about tired truckers losing control of their rigs and causing a massive fatal accident. It seems like these days that it’s not tired truckers that are the problem (although it still remains a crash factor), but prescription drugs," indicated Jack Zinda, a Texas Super Lawyer's Rising Star, a partner at the law firm of Heselmeyer Zinda PLLC, Austin.

Out of the roughly 141,000 big rig crashes a year, roughly 77,000 were directly attributable to the driver, and it wasn't just because they were asleep at the wheel either. The fact of the matter is that over 26% of the accidents were as a direct result of the use of prescription drugs, not use of over the counter drugs, although that ranked at 18%.

Other factors that figure into big rig crashes are speeding, which came in at 23%, not being familiar with the road travelled (22%), poor surveillance (14%), being over tired ranked at 13%, employing an illegal maneuver was 9%, an outside distraction at 8%, inadequate evasive action at 7% and aggressive driving (7%). So much for the folklore of the highways about truckers with road rage aiming their huge machines down the middle of the road and daring everyone to get out of their way, or else.

It may be just a small sinus congestion pill, but the results of taking it ended up causing a severe crash. "Driver education about mixing prescription drugs with long distance driving is critical," commented Zinda. It's up to the trucking industry to take that bull by the horns and ensure that all 18-wheeler drivers understand the ramifications of driving while under the influence of prescription drugs.

"While most truckers know and agree that they should not drive while under the influence of alcohol or an illegal drug, many seem to think that because the drug is prescribed, that makes it acceptable. It doesn't and the consequences may be worse than anything they expected," added Jack Zinda, Texas Super Lawyer's Rising Star, a partner at the firm of Heselmeyer Zinda PLLC, Austin.

To learn more visit Hzfirm.com.

Trucking Accident Destruction

Whenever there is a collision with a big rig, the results are usually devastating to all those involved. Those who live to tell the tale may have to deal with permanent disabilities for the rest of their lives.

Usually during the course of our lives the average person will witness at least one major accident involving a big rig. It's not a pretty sight and the debris from the accident is strewn up and down the highway as a silent testimonial to lost lives and injured victims. It's not hard to imagine the devastation these behemoths leave behind, considering many of them are travelling at speeds up to 80 miles an hour and they are unable to stop quickly.

Interstate highways are teeming with 18-wheelers, and have become as familiar as the landscape on the way to work. Trucking is an ongoing concern across the US thanks to the demand for various goods that need to be delivered by truck. "Getting those goods to their destination on time and on budget is the driving force behind most trucking companies, sometimes to the detriment of the driver, who must log more hours than legally allowed to meet his or her deadlines," outlined Jack Zinda, a Texas Super Lawyer's Rising Star, and a partner at the law firm of Heselmeyer Zinda PLLC, Austin.

When a collision occurs, the main question is "Who is liable?" Most would think the trucker is liable. In reality there are many people that may be liable. Many times in most lawsuits, other drivers are named as a responsible party because they were in control of a vehicle at the time of the crash. "It is also important to determine whether or not the truck driver was an employee, a private owner or driving for a company as an independent contractor. Each one of these situations makes a difference in determining who is liable for any injuries that result," explained Zinda.

If the trucker is an employee for a company, the company may ultimately be liable for the accident and its subsequent damages. "This is usually applicable if the driver had a load for a company at the time of the accident and was not driving the truck on his or her own free time," said Zinda.

The critical factor here is insurance. If the driver was determined to be driving for the company, his employer's policy will be typically be involved in any subsequent lawsuit. If the driver was driving on their own, they will likely have their own insurance policy that will pay any damages recovered.

"Large truck accidents are very challenging. Hiring a highly skilled attorney is crucial in order for a victim to obtain justice and compensation for their injuries," commented Jack Zinda, a Texas Super Lawyer's Rising Star, and a partner at the law firm of Heselmeyer Zinda PLLC, Austin.

To learn more visit Hzfirm.com.

Car Crash Stats Are Dismal

It's a fact. Car crash statistics are particularly dismal, with an estimated over 6 million collisions a year in America. Close to 3 million people sustain personal injuries as a result of these accidents.

Searching for car crash statistics on the Internet is depressing when you realize just how many Americans are hurt or killed annually. It's almost enough to make a person stop driving, but realistically this isn't going to happen any time soon. The estimated number of fatalities as a result of the 6 million crashes ranks somewhere near 40,000.

There seems to be a wide variety of reasons why the crash totals are so high across the nation, ranging from running a red light to speeding. Throw in a few other creative causes such as trying to program the GPS on the dashboard, sending an email from the driver's seat and checking the scores of the hottest football match on your cell phone. The consequences of this behavior are law enforcement having their hands full picking up the pieces from some very nasty accidents.

Most of the situations we just listed have one thing in common; lack of attention to road conditions. In large part, inattention plays a significant role in fatal crashes. There are a few other reasons for losing control of a vehicle that do not involve lack of attention, but inability to focus instead, even including driving while under the influence of a drug or alcohol.

One of the most frequently cited causes of collisions these days is talking on a cell phone while attempting to pilot a 3,500-pound machine through traffic. It just can't be done with any great degree of success and the consequences for that split second of inattention range from a fender bender to a fatality.

Political response to this issue has been to ban the use of cell phones while driving. This doesn't help solve some of the other problems such as peeking at a dashboard computer for the latest news update. While driver education remains a large part of reaching out to motorists, they have to ultimately be willing to accept responsibility for their driving.

A closer look at traffic accidents statistics shows that they are slotted into categories that refer to the part that hits another vehicle. E.g. head on collisions, being rear ended, side collisions and rollovers, etc. No matter how it happened, or what section of the vehicle sustained an impact, the fact is that someone will be badly hurt or killed.

If you or a loved one has been involved in a collision, speak to a highly qualified personal injury attorney who will advise you on your potential case. Ensure that any attorney you meet with has extensive expertise dealing with car crashes and knows how to obtain justice for injured clients.

Jack Zinda is an Austin personal injury lawyer. To learn more about Austin injury lawyer Jack Zinda visit Hzfirm.com.

The Intersection Conundrum

It appears that close to 45% of all car crashes tend to take place in or close to an intersection.

While you may think that if two cars collide, one of them is obviously at fault because they did not obey the rules of the road, many times there are other reasons involved. In other words, things are not always what they may look like on the surface. A good car crash attorney knows this and will spend time digging for the information they need to make a case for their client.

According to the Department of Transportation Federal Highway Administration, collisions that happen at intersections are responsible for approximately 21% of the resulting fatalities. If these kinds of accidents were as straightforward as people think they are on the surface, there would be no need to hire a lawyer. Everyone would admit fault, discuss things rationally and get the case settled. Of course, too often this doesn’t happen in the real world.

Let's take a look at the other factors that often contribute to wrecks at intersections, which include possible road construction, poor driving conditions (ice, slush, etc.), perhaps traffic lights that didn't work properly, or a glitch in the timing sequences.

There are actually two methods to make the traffic lights work at an intersection. The older method is pre-timed or fixed to change after a set period of time. Vehicles in the intersection trigger these lights. Rather a hit and miss affair at times. The newer traffic lights are controlled by above and below ground sensors. Computers that calculate the flow of the traffic, the time of day and where certain vehicles are in the intersection, also monitor the sensors.

These are not the only things to factor into intersection collisions. Did you know that emergency vehicles might interrupt intersection light sequencing? Is the intersection properly designed? While you may think it odd, people who have driven the same route for years, often have an accident if the intersection they are used to is changed.

These are a just a few of the things a top notch personal injury lawyer will be asking when you discuss your case with him or her. Your attorney will also want to know if lights in other intersections close to where you had your accident were in good working order on that day. Faulty lights at one intersection may lead to problems at another. They will also closely question the police report of the accident and dig for witnesses for a potential court case. As you see, a "simple" accident might not be so simple after all.

Jack Zinda is an Austin personal injury lawyer. To learn more about Austin injury lawyer Jack Zinda visit Hzfirm.com.

The Intersection Conundrum

It appears that close to 45% of all car crashes tend to take place in or close to an intersection.

While you may think that if two cars collide, one of them is obviously at fault because they did not obey the rules of the road, many times there are other reasons involved. In other words, things are not always what they may look like on the surface. A good car crash attorney knows this and will spend time digging for the information they need to make a case for their client.

According to the Department of Transportation Federal Highway Administration, collisions that happen at intersections are responsible for approximately 21% of the resulting fatalities. If these kinds of accidents were as straightforward as people think they are on the surface, there would be no need to hire a lawyer. Everyone would admit fault, discuss things rationally and get the case settled. Of course, too often this doesn’t happen in the real world.

Let's take a look at the other factors that often contribute to wrecks at intersections, which include possible road construction, poor driving conditions (ice, slush, etc.), perhaps traffic lights that didn't work properly, or a glitch in the timing sequences.

There are actually two methods to make the traffic lights work at an intersection. The older method is pre-timed or fixed to change after a set period of time. Vehicles in the intersection trigger these lights. Rather a hit and miss affair at times. The newer traffic lights are controlled by above and below ground sensors. Computers that calculate the flow of the traffic, the time of day and where certain vehicles are in the intersection, also monitor the sensors.

These are not the only things to factor into intersection collisions. Did you know that emergency vehicles might interrupt intersection light sequencing? Is the intersection properly designed? While you may think it odd, people who have driven the same route for years, often have an accident if the intersection they are used to is changed.

These are a just a few of the things a top notch personal injury lawyer will be asking when you discuss your case with him or her. Your attorney will also want to know if lights in other intersections close to where you had your accident were in good working order on that day. Faulty lights at one intersection may lead to problems at another. They will also closely question the police report of the accident and dig for witnesses for a potential court case. As you see, a "simple" accident might not be so simple after all.

Jack Zinda is an Austin personal injury lawyer. To learn more about Austin injury lawyer Jack Zinda visit Hzfirm.com.