J.R. S.

Business Lawyer
Member Since: December 29, 2023
Flower Mound, Texas

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9 Questions Answered / 4 Recent Answers
February 9, 2024
A: The short answer is yes. As an independent contractor, you bear the risk of profit and loss, employee rules regarding breaks and meals do not apply, nor does the overtime rules.
January 26, 2024
A: Congratulations on your new business. I am happy to see you are taking the steps to protect your customers, as well as your business. Here is a general list of things for you to consider as a Texas entity: 1. Clear Definition of Confidential Information: This can include customer files, lists, business, marketing, financial or sales record, data, electronic data, program, plan, survey, and any other record or information relating to the present or future business, products, or services. It can also include customer and patient related information that could damage the company if this information were to come into the possession of competitors. 2. Confidentiality Conditions: The terms of service should detail the conditions under which information qualifies as confidential. For instance, the information could be considered confidential if it's disclosed to the recipient, either directly or indirectly, including the identity of customers, consultants, and suppliers. 3. Regulations for Public Access: The terms of service should include regulations to ensure non-discriminatory public access while complying with confidentiality and disclosure protections. 4. Non-Disclosure of Customer Information: The terms of service should state that customers' identities should not be disclosed, even if the trade secret being protected is a customer list. 5. Return of Confidential Information: The terms of service should state that upon termination of the agreement, the recipient is required to return all confidential information. Depending on what your company does, and the type of information that is collected on your customers, there may be more necessary legal disclosures. You can contact me for more details or to set up a private consultation to evaluate your legal disclosures necessary for your industry.
January 9, 2024
A: The best place to start is on the GDPR website, found here: https://gdpr.eu/what-is-gdpr/. On this page you will see a yellow box on the right side of the webpage that has hyperlinks to three key documents, the Data Processing Agreement, Right to Erasure Request, and Privacy Policy. Those links will take you to downloadable PDF's that you can use and incorporate into your website as a part of your terms and conditions. All three of these documents and their proper usage will aid in any compliance reporting measures. If you need or want additional consultation on specifics and how it applies to your organization, please feel free to reach out.
January 5, 2024
A: Generally speaking, the purpose of a waiver is to limit the liability of landowners in certain situations for recreational purposes and tends to be binding, whether the signor understands the language or not. I would need more specific information in order to assess if liability might be determined, even with a vague or ambiguous waiver, especially if you or others suffered from injuries incurred during recreational activities. Further research into case law and statutory provisions specifically dealing with the interpretation and enforcement of liability waivers would be necessary to fully answer your question.