Header graphic for print
Texas Restaurant Law

Tag Archives: restaurant

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

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

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

Bad Economy Hits Restaurants in Texas

Posted in Commentary, News

By Matthew M. Sanderson As most of us know all too well, the global economic downturn has hit everyone, and based on a recent article by the Dallas Morning News, found at this link, restaurants that offer alcohol are hurting, too. According to the article, “For 2008, the number of restaurants, bars and liquor stores… Continue Reading

Alcohol Permits and Changes in Control

Posted in Alcohol, Contracts

By Matthew M. Sanderson How does the change in control of a restaurant that sells alcohol affect its alcohol permit? This question comes up time and again, and there are no easy answers. In general, this question occurs when a restaurant changes ownership and the new owner needs an alcohol permit. With the drastic speed… Continue Reading

Rep Agreements and The Manufacturer Representative’s

Posted in Contracts

By Ralph Perry-Miller Within the restaurant industry, many products are sold through manufacturer representatives and sales representatives. Often these sales representatives are compensated for their efforts through payment upon a commission program which is based upon a percentage of the dollar amount of orders for product or merchandise sold within a defined geographic territory. While… Continue Reading

Personal Guarantees of Corporate Obligations: The Devil is in the Fine Print

Posted in Contracts

By Ralph Perry-Miller When entering into new vendor relationships, signing real estate and equipment leases, or merely turning in a credit application, you likely just unknowingly took on the liability personally. One of the most ignored and financially devastating acts are the routine execution of documents which either expressly or deceptively contain personal guaranties of… Continue Reading

Recent Nutrition Law Trends

Posted in News, Recent Law Trends

By: Matthew M. Sanderson Do you ever wonder about the direction of nutrition law in the United States?  Are you concerned that lawmakers are becoming either too lenient or too oppressive in the nutrition laws they implement? In either instance, two laws were enacted last year that should be of great interest to you.  With… Continue Reading