While the Coronavirus (COVID-19) was disrupting everyone’s lives, Palmer Lehman Sandberg worked to achieve a balance – continuing to take care of our clients’ legal needs, while protecting our clients, our employees, and our community (local and nationwide).

As Texas has begun to reopen, Palmer Lehman Sandberg has adjusted accordingly.

  • We are available for in-office meetings, with the following protections in place – while in our building and our office common areas (lobby, elevators, hallways, etc.), visitors must wear face coverings, and maintain social distancing (minimum 6’) as much as possible.
  • We continue telephone and video conferencing in place of face-to-face meetings, for those who prefer it.

As we continue to serve you, we wish everyone safety and good health as together we move forward through these uncertain times.

Please reach out to anyone at our firm via email or phone with any questions or concerns.

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Avoiding unenforceable contract provisions – Part II

| Jun 5, 2015 | Business Litigation |

In a recent post we began a discussion about unenforceable contract provisions. We observed that business owners and individuals interested in forming their own businesses must frequently deal with contracts. Contracts tend to govern the ownership or rent of a business’s place of operations, a business’s dealings with vendors and suppliers, a business’s relationships with its employees and a host of other vital business functions.

It is therefore important to ensure, to the best of one’s ability, that the contracts affecting one’s business are both fair and enforceable. Generally, experienced attorneys can help businesses achieve this goal. Failure to be cautious and considerate when either drafting or agreeing to an existing contract’s terms can lead to costly consequences.

In our previous post, we discussed the fact that non-disparagement clauses are generally unenforceable in most jurisdictions. Similarly, many non-compete clauses are unenforceable. Certain jurisdictions have strict rules against the vast majority of these kinds of employment-related clauses. However, there are scenarios in which this kind of clause may be legally valid. For example, if the clause is reasonable, realistic, contains proper legal consideration and is drafted for the purpose of protecting trade secrets or other vital business interests, a non-compete clause may be valid. Questions about this specific kind of clause may be directed to an attorney.

Additionally, certain liability waivers are unenforceable. Many, many contracts contain liability waivers in order to help individuals and businesses escape legal disputes when possible. However, there are only so many scenarios that the law will permit individuals and businesses to escape liability for. Working with your attorney to understand when such clauses are legally enforceable can be helpful.

Source: Findlaw Free Enterprise, “5 Unenforceable Contract Provisions,” Christopher Coble, May 21, 2015

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