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Texas Restaurant Law

Tag Archives: restaurant lawyer

FDA Sets Guidelines for “Gluten-free” Foods in Stores and in Restaurants

Posted in Legislation, News, Recent Law Trends

“Gluten-free” seems to be everywhere.  You may not know what “gluten-free” means, but chances are you haven’t missed the growing number of restaurants, grocery stores, and food brands that are offering menu items or food products that are “gluten-free.” And if you are a restaurant owner or are planning to open a restaurant, it is… Continue Reading

What’s The Best Way To Pass On A Restaurant At Death?

Posted in Asset Protection, Corporate Entity, Estate Planning, Real Estate

Most restaurant owners want to provide for their families when they die and protect their assets from liability. However, there are issues if the owner just conveys the real estate in a Will. To avoid these issues, restaurant owners should instead consider passing down interests in their companies and placing each piece of underlying real… Continue Reading

Restaurant Non-Competes: Are They Worth It?

Posted in Contracts, Employees & Waitstaff, Employment, Liability, Litigation, Recent Law Trends

A funny thing happened recently. When Lauren Drewes Daniels at The Dallas Observer featured TexasRestaurantLaw.com last week at this link, a controversy ensued between folks that commented on the article. The dispute involved whether non-competes were valid and enforceable in Texas. Apparently, it is a common myth that non-compete agreements are not enforceable in Texas,… Continue Reading

Is Franchising The Only Key To Restaurant Success?

Posted in Contracts, Franchises, Franchising, Legislation, Liability, Litigation, Negotiation

We talk a lot here about franchising and for good reason. After all, many restaurant owners make great money by developing or buying into a great franchise concept. However, some restaurant owners take a  different approach: they develop their own brand and remain the key figure in each additional restaurant. Stephen Pyles is one such… Continue Reading

The Top 5 Considerations Before Buying A Restaurant

Posted in Acquisitions, Commentary, Franchises, Franchising, Liability, Negotiation

Despite the “Great Recession”, the restaurant industry continues to thrive. One of the latest great examples of this is the expansion of Asian cuisine. For instance, a new franchise concept called Mama Fu’s is set to open 14 new restaurants in the Dallas area alone over the next several years, according to this article from… Continue Reading

5 Top Strategies For Protecting Your Restaurant And Personal Assets

Posted in Contracts, Corporate Entity, Liability, Litigation

How safe are the assets in your restaurants? Are you personally liable for your restaurant’s liabilities? These are two of the most common questions we get from our restaurant owner clients, so we thought we would share five of the top strategies we use to shield our restaurant owners from liabilities at their restaurants, which… Continue Reading

Is Your Restaurant Recipe Safe?

Posted in Acquisitions, Contracts, Franchises, Franchising, Intellectual Property, Liability, Litigation

Did you know that KFC uses two different companies to blend the herbs and spices that make up its secret recipe? One company blends part of the spices, the other blends the remaining spices, and a computerized processor mixes them together so that neither company knows the full recipe. Like the Colonel, you may have… Continue Reading

A Fight Broke Out At My Restaurant – Am I Liable?

Posted in Liability, Litigation, Real Estate, Recent Law Trends

Whether a restaurant or its owner is liable for restaurant fights depends. “Depends on what?” you ask. Let me tell you by asking and then answering the following questions: What Did The Police Say? No one can escape personal liability for their own, direct actions. No amount of insurance, legal maneuvering, or other actions will… Continue Reading

Restaurant Trade Fixtures And Equipment – What Belongs To You And What Belongs To The Landlord?

Posted in Acquisitions, Contracts, Liability, Litigation, Real Estate

Co-Authored by Matt Sanderson & Lindsey Postula THE MYSTERIOUS TRADE FIXTURE What are trade fixtures? Trade fixtures are the equipment that a tenant uses to operate its business. Although they are not considered to be real property (which means they don’t fall into the definition of fixtures), they are generally attached to the leased premises… Continue Reading

What To Know About Texas Alcohol Permits: An Industry Perspective

Posted in Alcohol, Commentary, Competition, Legislation, Liability, Negotiation, News, Vendors

Obtaining and dealing with alcoholic beverage permits requires a lot of time and effort, and it can be full of legal pitfalls as well. Sometimes you need a lawyer, but often an outside alcohol permit company can be more cost effective. As one example, we recently interviewed Nancy Scott, with Joe LaBarba Permit Service in… Continue Reading

How To Finance Your Restaurant Purchase

Posted in Acquisitions, Contracts, Franchises, Franchising

The recent economic struggles have given rise to a host of financing opportunities, and you should consider them all when buying your restaurant. Traditional Financing It’s no surprise that you can go to a bank to finance a restaurant purchase, but which bank and what are your options? These are hard questions. Traditional financing is… Continue Reading

Which Restaurant Franchise Is Right: Fast Food, Fine Dining, or Somewhere In Between?

Posted in Acquisitions, Competition, Contracts, Franchises, Franchising, Liability

We’ve talked a lot about franchises in prior posts. Assuming you have decided that a franchise is in your future, how do you know which type is right for you? This question comes to us quite a bit, so here are some thoughts to consider in each of the common types of franchises: Fast Food… Continue Reading

To Partner Or Not To Partner: Top Things To Consider Before Bringing On A Restaurant Partner

Posted in Acquisitions, Corporate Entity, Franchising, Litigation, Recent Law Trends

Many of my clients think that partners and shared ownership are great. They are right, to a point, but there are often times that partners are more a pain than a benefit. With that in mind, I thought I’d share some of the benefits and drawbacks of partnering your restaurant business. Benefits of A Restaurant… Continue Reading

Ten Keys to Negotiating Your Restaurant Lease

Posted in Acquisitions, Contracts, Negotiation, Real Estate

For the most part, restaurant owners lease their property, at least when starting out and often permanently. As such, negotiating a lease can be a stressful experience. To reduce some of that stress, we’ve put together the following Ten Keys To Negotiating Your Restaurant Lease. PRIMARY CONCERNS 1. Net vs. Gross Lease. Every lease is… Continue Reading

How To Turn Your Competitors Into Assets

Posted in Acquisitions, Commentary, Competition, Corporate Entity, Franchises, Negotiation, Vendors

The start of a new year often reminds us to try new things. I suggest that this year you try turning your competitors into assets. There are a variety of ways to do this, but this post will show one unique and forgotten strategy of achieving this goal. If You Can’t Beat’em, Join ‘Em Believe… Continue Reading

The Best of TexasRestaurantLaw.com 2009

Posted in Acquisitions, Alcohol, Commentary, Contracts, Corporate Entity, Employment, Franchises, Immigration, Intellectual Property, Legislation, Litigation, Negotiation, News, Recent Law Trends, Vendors

  We couldn’t close out the year without a “Best of 2009″! Here’s the best TexasRestaurantLaw.com content of the year, based on your enthusiasm via comments, links, and retweets. We thank you all for your continued support! Let’s get started: Recent Nutrition Law Trends – This will likely be a continued source of legislation on… Continue Reading

Economic Outlook For 2010?

Posted in News

Predicting the future is always hard, but the economic outlook for 2010 is absolutely anyone’s guess. With that in mind, I thought that I’d set out some of the differing statistics that I’ve found over the last few weeks and let you decide for yourself whether to believe the optimists or the naysayers. The Optimists… Continue Reading

How Joint Ventures Are Like The Grinch

Posted in Acquisitions, Contracts, Corporate Entity, Franchises, Litigation, Negotiation

Since we are right in the middle of the holiday season, I thought I’d discuss the insidious nature of joint ventures and compare them to Dr. Seuss’s mean ol’ Grinch. Many people are astounded when I explain the many risks involved in joint ventures, and like the Grinch, they are to be avoided whenever possible…. Continue Reading

How A Late Night Email Could Put You In Jail

Posted in Commentary, Employment, Litigation, News, Recent Law Trends, Vendors

No matter what industry you are in, many of us are responsible for hundreds of emails per day. Each of those emails can become permanent records of what you are thinking, doing, or planning. Email errors can sometimes cause only minor disagreements, for which you can apologize and move on. However, in the most severe… Continue Reading

The Biggest Contract Mistake & How To Avoid It

Posted in Acquisitions, Alcohol, Commentary, Contracts, Corporate Entity, Franchises, Litigation, Negotiation, Recent Law Trends, Vendors

The ugly truth is that people make mistakes every day when they sign contracts for their companies. What’s worse is that many people don’t even realize that they are making a mistake. This particular mistake can cost your company thousands of dollars in legal fees. This mistake can cost you personally in legal fees and… Continue Reading