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
Tag Archives: restaurant lawyer
Is Franchising The Only Key To Restaurant Success?
Posted in Contracts, Franchises, Franchising, Legislation, Liability, Litigation, NegotiationWe 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, NegotiationDespite 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, LitigationHow 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, LitigationDid 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 TrendsWhether 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 EstateCo-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, VendorsObtaining 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
Help: The City Wants To Shut Down My Restaurant!
Posted in Alcohol, Liability, Litigation, NegotiationThe unthinkable has happened – your restaurant, your baby, is being threatened by the “man”, and it’s up to you to save the day. Don’t worry – help is on the way! How Did This Happen? Let’s first discuss why this may have happened. Most cases of restaurant closure fall into the following categories: (1)… Continue Reading
How To Finance Your Restaurant Purchase
Posted in Acquisitions, Contracts, Franchises, FranchisingThe 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, LiabilityWe’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 TrendsMany 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
New York To Ban Salt In Restaurants – REALLY?!?!
Posted in Commentary, Legislation, News, Recent Law TrendsI try to avoid ranting, at least in public, but I’m going to give in to my inner four-year-old for a moment for the benefit of your entertainment. A recent article on LoweringTheBar.com found at this link provides details of an actual bill in New York to ban the use of salt in restaurants. Really!?… Continue Reading
Ten Keys to Negotiating Your Restaurant Lease
Posted in Acquisitions, Contracts, Negotiation, Real EstateFor 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, VendorsThe 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, VendorsWe 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 NewsPredicting 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, NegotiationSince 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, VendorsNo 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
5 Simple Tips To Resolve Conflict At Work (Or Anywhere)
Posted in Employment, Litigation, Negotiation, VendorsLet’s be honest: sometimes the holidays bring out the worst in us. Whether it’s that family member you only see once a year (for a reason) or the hustle and bustle of all the extra things that go into it, the holidays can make us crazy. Holiday or not, I deal with conflicts everyday as… Continue Reading
The Biggest Contract Mistake & How To Avoid It
Posted in Acquisitions, Alcohol, Commentary, Contracts, Corporate Entity, Franchises, Litigation, Negotiation, Recent Law Trends, VendorsThe 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
Who Really Owns Your Company’s Name?
Posted in Contracts, Corporate Entity, Intellectual Property, LitigationOf course, your company owns its own name, right? Maybe not. The reality is that many companies think they own the rights to their corporate name, when in fact they could be infringing on the rights of other companies. There are at least two sources for this confusion. The first comes from the corporate name… Continue Reading
How To B.E.A.T. Vendors In Contract Negotiations
Posted in Contracts, Franchises, Negotiation, VendorsWe all rely on vendors. They are part of what we do and how we do it. However, we often choose vendors and negotiate with them based on non-objective criteria that often fails to accomplish our goals. With that in mind, the following steps should prevent this from happening and it should help you win… Continue Reading
What Happens To Your Restaurant When You Die?
Posted in Estate Planning, FranchisesDying is an uncomfortable topic for all of us. We would all prefer to cross that bridge when we come to it. However, unlike some questions about death, the question “what happens to your restaurant when you die” has an answer. It boils down to choosing between doing something and doing nothing. I’ll address… Continue Reading