Category Archives: Firm Publications

The Patient Protection and Affordable Care Act (“PPACA”) will impact every citizen in a variety of ways and challenge employers to meet its requirements. It remains to be seen whether the PPACA will survive the multiple lawsuits already filed against it and the elections coming this November. As currently written, however, beginning in 2014 the PPACA will require employers who employ as few as fifty employees to provide federally approved health insurance or pay a fine. While the PPACA imposes multiple health insurance changes affecting every citizen, this article highlights a few broad points every business should be aware of.

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When was the last time you thought about your corporate minute book? If you are like most small to medium sized business operators, your minute book is not your top priority. Many companies only think about these records when they are asked to produce a copy because they are: (i) applying for a loan; (ii) selling their business; or (iii) being sued.

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Despite the economy’s stifling effect on mergers and acquisitions during the past 2 years, Ferguson Law Group’s representation of clients in the areas of acquisitions, dispositions and fundraising has remained steady. In the process of helping clients manage the process of buying and selling their companies, certain market trends have become apparent, especially in transactions between $1MM and $10MM. Here are three of them:

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Listed below are three practical steps to reduce labor costs.

Wage and benefit levels are typically dictated by market forces out of the control of most employers.  As a result, increased focus should be placed on the cost of failing to comply with increasingly hostile regulations.  The surest way to maximize profit margins is to reduce litigation exposure and increase worker efficiency.

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While operating under a well-drafted employee manual helps businesses save labor costs, implementing a comprehensive intellectual property protection plan for your company reduces risk by preventing thousands of dollars in litigation costs if your business’ intellectual property is misappropriated or infringed by current or former employees.
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Non-compete agreements seek to limit a person’s ability to engage in a specific range of business activities as a result of employment or a business transaction. Earlier this summer, the Ferguson Law Group, P.C. experienced a sharp uptick in the number of clients involved in non-compete issues. Of course, non-compete disputes do not occur unless an employee is hired or a new business is started. It is our hope that this means that businesses are continuing to find ways to succeed even in this economy.

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The latest legal hurdle facing manufacturers of all types of products is the false patent marking suit. Using a relatively obscure –until recently– statute, individuals and enterprising law firms have targeted large manufacturers with lawsuits for including patent numbers incorrectly on products. These false patent marking lawsuits are now being filed by the hundreds in various jurisdictions throughout the United States and have a potential liability that can easily amount to millions of dollars.

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One of the biggest decisions for franchisors and potential franchisees is – when is the right time? When is the right time to consider franchising a business concept? When is the right time to buy a franchise?

According to a recent article in the Dallas Business Journal, “Franchises flock to D-FW to set up shop,” Dallas is growing and the growth is expected to continue. The metropolitan area is the 11^th fastest-growing one in the United States. The U.S. Census Bureau has reported that in greater Dallas, the population skyrocketed by 110,640 people from 2000 to 2009. This surge in population is a major factor in the area’s economic strength.

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