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STRAIGHT TALK is our regularly updated newsletter for the time-concious business professional. Each issue features "Business Briefs" on topics of current interest in various areas of business and the law. We will also preview important free seminars and provide information on other events at McCue Pauley & Associates. Click on any topic of interest to review the complete article or to learn more about an event.

If you have questions or comments regarding our services, an article or event that you've seen here, please Contact Us. As Business Lawyers for Business People, we would be honored to serve you. -- McCue Pauley & Associates



(Click Here for an Index of All Articles)

Business Law

WEBSITES AND DISTANT LAWSUITS
Can your business be sued wherever you advertise via the web? Systematically doing business in another state through a website may provide a proper legal basis for a lawsuit in a distant state. What are the ground rules regarding web advertising, and how can it subject you to a lawsuit in a distant state?
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HACKERS BEWARE!
Harmful access and damage to computers in computer networks not only can relate in criminal charges, but also to substantial civil damages against the wrongdoer. What can you do if you're hacked?
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SHHHHH! IT'S A TRADE SECRET!
Got a certain "something" that gives your business an advantage over your competitors? If so, you may have a TRADE SECRET on your hands. In this inaugural issue of STRAIGHT TALK, Dave McCue takes an in-depth look at confidential corporate assets and answers these questions: What is a Trade Secret? How do the courts define it? How is it protected? And, last but not least, what to do if you discover someone has liberated yours from the company vault!
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THE LIMITED LIABILITY COMPANY (LLC) AS AN ENTITY OF CHOICE
Limited personal liability with potential tax benefits? When is an LLC a viable business entity of choice?
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Labor & Employment Law

NEW FAIR LABOR STANDARDS - LAWS YOU CAN'T IGNORE
The new Fair Labor Standards Act (“FLSA”) laws will likely go into effect August 23, 2004. Are you ready? This short primer will help you get there. Enforcement of these rules is likely to increase now that the archaic old formulas are scrapped, so good faith ignorance won’t be greeted with much sympathy by the Department of Labor.
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DISCLOSURE OF INFORMATION ABOUT PRESENT OR FORMER EMPLOYEES
How much to say or not to say? That is the question. New immunity provisions may protect employer disclosures, but when, what, and how should disclosure regarding former employees be made? New rules provide immunity, but there are traps for the unwary.
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EMPLOYEE OR INDEPENDENT CONTRACTOR
A wolf in sheep's clothing? Liability as well as tax issues arise from misclassification of employees as independent contractors. Employee tax, social security tax, wage and hour tax, as well as legal liability can follow from misclassification. What are the relevant criteria?
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INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS IN THE WORK PLACE
The Texas Supreme Court holds that intentional infliction of emotional distress rarely applies in the employment environment. What is it; when does it occur; what can you do about it?
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JURY DUTY IS PROTECTED ACTIVITY
What latitude must employers allow for protected jury duty? What are the remedies for wrongful termination? Are there any defenses? Do threats even count? Can action against an employee even subject the employer to potential criminal charges?
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Real Estate Law

DUTY OF THE REAL ESTATE OWNER/MANAGER TO PROTECT AGAINST CRIMINAL ACTIVITY
How pro-active must the landlord and real estate manager really be with regard to either known or potential criminal activity such as, for example, in apartment complexes? How foreseeable must criminal misconduct really be? What should the owner/operator of real estate do to minimize potential civil damage liability?
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Alternative Dispute Resolution

HOW TO AVOID COSTLY LAWSUITS
Alternative Dispute Resolution has become popular with varying forms of ADR. Various articles give an overview of ADR, and then individual analyses of mediation, arbitration, summary jury trials, and like ADR techniques.
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International Business Law

GOING INTERNATIONAL - TO GO OR NOT TO GO, THAT IS THE QUESTION
With increased trade with Mexico, and with Pacific rim countries, the decision to engage in international transactions is an important one. What are the basics of going international?
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Corporate & Securities

KNOW THY BROKER
If you or your company are thinking about opening a securities account, or have one already, it is always a good idea to know the professional history of the people and firms with whom you are dealing. In fact, the Securities Laws impose a duty of "due diligence" upon all investors, even before you invest your or your company's hard earned money. The good news is that this information is publicly available and easy to access over the Internet. Securities brokers and firms are subject to the regulations of the National Association of Securities Dealers, Inc. ("NASD") which provides information regarding past employment, complaint history and licensure to the public. This information is available at the NASD's web site.
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DISCLAIMER: The information contained in this Web site does not constitute legal advice but is provided for informational purposes only. Review of this Web site does not create an attorney-client relationship. Information sent via electronic mail may not be confidential, and may not be protected by attorney-client relationship.

Copyright © McCue Pauley and Associates, P.C. 2007



NEW FAIR LABOR STANDARDS
Laws You Can't Ignore

EMPLOYEE RIGHT TO PRIVACY IN THE OFFICE COMPUTER
Expanding Technology & Internet Use Dictates the Necessity of a Company Policy

WHEN DO I REALLY NEED A LAWYER
50 Ways to Love (and Really Need Your Lawyer)

WHAT TO DO BEFORE YOU COME TO THE LAWYER'S OFFICE Stop, Reflect & Organize

POTENTIAL DANGER SIGNS IN THE ATTORNEY-CLIENT RELATIONSHIP What to look for; what to do?

STOCK OPTIONS & ESTATE PLANNING
How Stock Options can Facilitate Intelligent Estate Planning

FEN-PHEN SETTLEMENT
Global Settlement & Implications for Texas Doctors

The attorneys at McCue Pauley and Associates, P.C. are not certified by the Texas Board of Legal Specialization.