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.

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.

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.

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.

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.

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.

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 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.

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.

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.

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.

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.

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.

To learn more visit Texasbusinessattorneys.net.

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.

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.

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.

To learn more visit Texasbusinessattorneys.net.