MercadoLibre’s Move to Texas: Should Your Small Business Reincorporate in 2025?

Texas is fast becoming the go-to destination for businesses looking to grow and thrive, and the latest evidence is a big one: MercadoLibre, Latin America’s e-commerce and fintech giant valued at over $100 billion, announced on April 28, 2025, that it plans to redomicile its U.S. operations from Delaware to Texas. With shareholders set to vote on the move by June 17, 2025, this decision signals a broader trend—Texas is open for business. But what does this mean for small business owners in Austin, Houston, Dallas, or beyond? Is reincorporating in Texas the right move for you? At O’Neill Law, we’re here to break it down and help you navigate the opportunities and challenges of making Texas your business’s legal home.

Why MercadoLibre Is Moving to Texas

MercadoLibre, often called the “Amazon of Latin America,” reported $21 billion in revenue in 2024 and operates a growing Texas fulfillment center opened last year. So why leave Delaware, the traditional hub for corporate incorporation? The answer lies in Texas’s increasingly business-friendly legal landscape. Recent laws, like House Bill 15 and Senate Bill 29, codify protections for corporate decision-makers, reducing the risk of shareholder lawsuits and offering greater predictability than Delaware’s flexible but sometimes unpredictable standards. A Delaware judge’s 2024 ruling against Elon Musk’s compensation package didn’t help, pushing companies like Tesla—and now MercadoLibre—to seek safer harbors.

Texas’s appeal goes beyond legal certainty. The state’s economic boom, highlighted by the NYSE Texas launch in Dallas on March 31, 2025, is drawing businesses of all sizes. For MercadoLibre, reincorporating in Texas aligns with its operational footprint and signals confidence in the state’s future as a corporate hub. Small businesses can take note: Texas offers advantages that could help you save costs, protect your interests, and attract investors.

The Benefits of Reincorporating in Texas

For small business owners, reincorporating in Texas—or incorporating here for the first time—can offer significant advantages in 2025:

  • Reduced Litigation Risk: Texas laws shield directors from frivolous shareholder lawsuits, a growing concern in Delaware.
  • Tax Advantages: While Texas has no state income tax, reincorporation requires careful planning to avoid unexpected tax liabilities.
  • Market Credibility: Aligning with Texas’s corporate giants (e.g., Tesla, Oracle) can boost your appeal to investors and partners.
  • Local Synergies: Being incorporated in Texas simplifies compliance and strengthens ties to the state’s vibrant business ecosystem, from Austin’s tech scene to Houston’s energy hub.

Take, for example, a DFW-based e-commerce startup. By reincorporating in Texas, it could streamline legal filings, reduce exposure to out-of-state lawsuits, and signal stability to local investors—all while cutting compliance costs by up to 20.

The Challenges—and How to Overcome Them

Reincorporation isn’t a simple flip of a switch. It comes with hurdles that require careful legal planning:

  • Shareholder Approval: Texas law requires a majority (or supermajority, depending on your bylaws) to approve redomestication, which can spark disputes.
  • Tax Implications: Moving from Delaware or another state could trigger federal or state tax consequences, especially for businesses with complex assets.
  • Administrative Costs: Filing fees, legal expenses, and updating contracts or licenses add up.
  • Stakeholder Pushback: Partners, investors, or employees may resist the move, fearing changes to governance or operations.

These challenges are manageable with the right legal partner. A proactive strategy—starting with a thorough assessment of your business’s goals—can turn reincorporation into a growth opportunity rather than a headache.

Should Your Small Business Reincorporate?

Not every business needs to rush to Texas. The decision depends on your industry, size, and long-term plans. Reincorporation makes sense if:

  • You’re in a high-growth sector (e.g., tech, retail) facing litigation risks.
  • You’re planning to raise capital and want to align with Texas’s corporate cachet.
  • You’re already operating in Texas and want to simplify compliance.

Conversely, if your business is small, locally focused, and unlikely to face shareholder disputes, staying put might be wiser. A legal consultation can clarify what’s best for you.

How O’Neill Law Can Help

At O’Neill Law, we have guided businesses through incorporation decisions, from startups to established firms. Here’s how we can support you:

  • Strategic Planning: We’ll assess whether reincorporating in Texas aligns with your goals, weighing costs and benefits.
  • Seamless Reincorporation: Our attorneys handle shareholder approvals, Texas filings, and contract updates to ensure compliance.
  • Litigation Defense: If reincorporation sparks disputes with shareholders or partners, we’re ready to protect your interests in court.

Texas: The Future of Business in 2025

MercadoLibre’s move is just the latest sign that Texas is rewriting the rules of corporate America. With a pro-business climate, robust legal protections, and a growing reputation as a global hub, the Lone Star State is attracting companies of all sizes. For small businesses, reincorporating here could be a game-changer—but only if done right.

Take the Next Step

Don’t let the opportunity pass you by. Whether you’re curious about reincorporation or ready to make the move, O’Neill Law is here to guide you every step of the way. Contact us today for a consultation to explore how Texas’s business-friendly laws can work for you. Contact us today and let’s build your business’s future in Texas, together.

Bought a Defective Car? How the Texas Lemon Law Can Help You!

You bought a new car, expecting it to run smoothly—but instead, it’s been in the shop over and over. If your vehicle keeps breaking down, you might have a “lemon” on your hands. As a Texas Lemon Law attorney, I help people like you get the relief they deserve. Let’s break down what the Texas Lemon Law is, how it works, and how I can help you fight for a refund or replacement.

What Is the Texas Lemon Law?

The Texas Lemon Law is a rule that protects you if you bought a new car, truck, or RV that has serious problems. These problems have to make the vehicle unsafe, lower its value, or stop you from using it the way you should. For example, if your brakes keep failing or the engine won’t start, that might qualify. The law says the dealer or manufacturer has to fix the issue—but if they can’t after a few tries, you might be able to get your money back or a new vehicle.

Does Your Car Qualify?

Not every car problem counts as a “lemon.” The issue has to be a big one, like a safety hazard or something that stops you from driving. Also, your car usually needs to be new (or still under the original warranty if it’s used). The law gives the dealer a few chances to fix it—usually four repair attempts, or two for dangerous problems. If the repairs take too long (like 30 days total), you might qualify too. I can help you figure out if your car meets the rules and what steps to take next.

Why You Need a Lemon Law Lawyer

Dealing with a defective car is stressful, and fighting the manufacturer can feel like a battle. They might say the problem isn’t their fault or drag their feet on repairs. That’s where I come in. As a defective car lawyer, I know the Texas Lemon Law inside and out. I’ll help you file a claim with the Texas Department of Motor Vehicles, gather proof like repair records, and push for a fair outcome—whether that’s a refund, a replacement car, or money for your troubles.

Don’t Wait Too Long!

One big thing to know: you can’t wait forever to file a Lemon Law claim. In Texas, you have to act within six months after your warranty ends, two years from when you got the car, or 24,000 miles—whichever comes first. If you miss this window, you might lose your chance. I’ve seen too many people wait too long because they thought the dealer would “eventually fix it.” Don’t let that happen to you—reach out for Lemon Law help in Texas as soon as you suspect a problem.

How O’Neill Law Can Help

O’Neill Law is here to make the Texas Lemon Law process easy for you. I focus on helping people with defective cars get back on the road—or get their money back. I’ll explain everything in simple terms, handle the paperwork, and fight for your rights. Whether you’re in Houston, Dallas, or anywhere in Texas, I’m ready to help you take on the manufacturer.

Got a car that won’t stop breaking down? Contact me today for a consultation! Let’s talk about your situation and see if the Texas Lemon Law can help. Contact us today!

Protecting Your Business from Contract Disputes During Economic Uncertainty

As a business owner in Dallas-Fort Worth (DFW), you know that economic uncertainty can bring both challenges and opportunities. From supply chain disruptions to market volatility, the past week alone has seen significant shifts, including stock market drops and rising costs impacting Texas businesses. While these conditions can test your operations, they also heighten the risk of contract disputes—whether with vendors, clients, or partners. At O’Neill Law, we’re here to help DFW businesses navigate these challenges and protect their interests. Here’s what you need to know.

Why Economic Uncertainty Increases Contract Disputes

Recent news highlights how economic pressures, such as inflation and supply chain issues, are affecting businesses across DFW. For example, local manufacturers and retailers in Dallas and Fort Worth are facing delayed deliveries, increased costs, and renegotiated terms with suppliers. When expectations aren’t met, disagreements can escalate into legal disputes over breach of contract, payment delays, or performance failures.

Common scenarios include:

  • Vendors failing to deliver goods or services on time due to logistical challenges.
  • Clients refusing to pay invoices citing financial hardship.
  • Partners or contractors seeking to modify existing agreements mid-term.

Without proper legal safeguards, these disputes can drain your resources, damage relationships, and even threaten your business’s future.

How to Protect Your Business

Protecting your DFW business from contract disputes requires proactive planning and expert legal guidance. Here are some strategies to consider:

  1. Review and Strengthen Your Contracts
    Ensure your contracts are clear, comprehensive, and enforceable. Include clauses addressing force majeure (unforeseeable events), termination rights, and dispute resolution processes. A DFW business lawyer can help you draft or revise agreements to withstand economic turbulence.
  2. Negotiate with Foresight
    If you anticipate issues with a vendor or client, negotiate amendments early. For example, if supply chain delays are likely, consider extending deadlines or adjusting payment terms. Document all changes in writing to avoid misunderstandings.
  3. Monitor Compliance
    Regularly check that all parties are meeting their obligations. If you suspect a breach, act quickly to document the issue and seek legal advice before the situation worsens.
  4. Plan for Dispute Resolution
    Include mediation or arbitration clauses in your contracts to resolve disputes outside of court, saving time and money. If litigation becomes necessary, a skilled DFW attorney can represent your interests effectively.

Why You Need a DFW Business Lawyer

Navigating contract disputes during economic uncertainty isn’t just about reacting—it’s about preventing problems before they start. At O’Neill Law, our experienced Texas legal team specializes in helping DFW businesses protect their contracts and resolve disputes efficiently. Whether you’re in Dallas, Fort Worth, or surrounding areas, we offer tailored legal solutions, including:

  • Contract drafting and review to minimize risks.
  • Negotiation support to modify agreements amid changing conditions.
  • Representation in litigation or alternative dispute resolution if conflicts arise.

Our deep understanding of Texas business law and local market dynamics ensures we can address your unique challenges, from commercial leases to vendor agreements.

Take Action Today

Don’t let economic uncertainty jeopardize your DFW business. Whether you’re facing a current dispute or want to future-proof your contracts, O’Neill Law is here to help. Contact us today for a free consultation to discuss your legal needs and safeguard your business’s success.

Non-Compete Agreements in Texas: Are They Still Enforceable in 2025?

If you’re a small business owner, employer, or professional in Texas, you’ve likely encountered a non-compete agreement at some point—either signing one as an employee or asking your team to sign one to protect your business. These contracts, designed to prevent employees from jumping ship to a competitor or starting a rival company, have long been a staple of business protection. But in 2025, their enforceability is under scrutiny, both nationally and here in the Lone Star State. Are non-competes still a viable tool for Texas businesses? The short answer: Yes, but with caveats. Let’s break it down—and explain how O’Neill can help you navigate this shifting legal landscape.

The National Debate: A Changing Tide

In recent years, non-compete agreements have faced growing criticism across the U.S. Critics argue they stifle worker mobility, suppress wages, and hinder innovation—especially in fast-moving industries like tech or healthcare. In April 2024, the Federal Trade Commission (FTC) took a bold step, issuing a rule to ban most non-compete agreements nationwide, citing unfair competition. However, that rule was struck down by a federal judge in Texas on 2024, leaving the issue in limbo as appeals loom. For now, the FTC ban is on hold, and state laws—like those in Texas—still govern.

This national uncertainty has Texas employers and employees asking: What’s the status here? Fortunately, Texas has a well-established framework for non-competes, but it’s not a free-for-all. The rules are strict, and courts are quick to strike down overly broad agreements. Here’s what you need to know in 2025.

Texas Non-Compete Law: The Basics

Unlike some states (e.g., California, where non-competes are largely unenforceable), Texas permits these agreements under specific conditions outlined in the Texas Business and Commerce Code. For a non-compete to hold up in court, it must:

  1. Be Ancillary to an Otherwise Enforceable Agreement: The non-compete must be part of a broader deal, like an employment contract or a business sale.
  2. Have Reasonable Limits: Restrictions on time, geographic scope, and the type of work must be “reasonable” and not impose undue hardship on the employee.
  3. Protect a Legitimate Business Interest: This could include trade secrets, confidential information, or customer relationships—not just preventing competition for its own sake.

For example, a Houston tech firm might ask a software developer to sign a non-compete barring them from working for a rival within 50 miles for one year after leaving. If the restriction protects proprietary code and isn’t overly punitive, a Texas court might uphold it. But a five-year, statewide ban for a retail clerk? That’s likely toast.

What’s New in 2025?

While Texas law hasn’t seen major legislative changes to non-competes in 2025, the national FTC debate has ripple effects. Courts and employers are paying closer attention to fairness and necessity. Plus, recent Texas news—like the NYSE Texas launch in Dallas on March 31, 2025—highlights the state’s growing business appeal. As companies relocate here, they’re bringing employees with out-of-state non-competes, raising questions about enforceability across state lines. Non-competes remain a tool to safeguard your business, but they must be crafted carefully to survive legal challenges.

Common Pitfalls—and How to Avoid Them

Texas courts have a history of reforming or voiding non-competes that overreach. Here are mistakes to watch out for:

  • Overly Broad Scope: A Dallas restaurant once tried to bar a chef from working anywhere in the metroplex for two years. The court slashed it to six months and a five-mile radius.
  • No Clear Business Interest: If you can’t prove the employee has access to sensitive info, the non-compete won’t stick.
  • Ignoring Employee Hardship: A restriction that leaves someone unable to earn a living in their field is a red flag.

To get it right, work with a legal team that understands Texas law. A well-drafted non-compete can protect your customer base or trade secrets without inviting a lawsuit.

Employees: Know Your Rights

If you’ve signed a non-compete in Texas, don’t assume it’s ironclad. Courts often side with employees when restrictions are unreasonable. Before taking a new job or starting a business, have the agreement reviewed. You might have more freedom than you think—or a chance to negotiate an exit.

How O’Neill Law Firm Can Help

At O’Neill Law, we’ve seen non-compete disputes from both sides—employers protecting their interests and employees fighting unfair limits. Our Business Law team can:

  • Draft Enforceable Agreements: We’ll tailor your non-compete to meet Texas standards, balancing protection with defensibility.
  • Review Existing Contracts: Whether you’re an employer enforcing a non-compete or an employee challenging one, we’ll assess its strength.
  • Litigate Disputes: If a non-compete lands you in court, our Litigation team is ready to advocate for you.

By narrowing the geographic scope and clarifying protected interests, we can keep the agreement enforceable—and the business secure.

Looking Ahead: Non-Competes in a Growing Texas Economy

With Texas’s business boom—think NYSE Texas and tech hubs like Austin—non-competes will stay relevant in 2025. But as competition for talent heats up, employers must adapt. A poorly written agreement risks losing both legal battles and key staff. Employees, meanwhile, have more leverage to push back.

Take Action Today

Whether you’re a business owner safeguarding your future or a professional weighing your options, non-compete agreements in Texas are a legal tightrope. Don’t go it alone. Contact O’Neill Law for a consultation to review, draft, or defend your non-compete strategy. Visit https://rcolawfirm.com/contact/ and contact us today! Let’s ensure your interests are protected in 2025 and beyond.

Gibson’s $1 Win: When Timing Trumps Triumph in Trademark Law

On March 21, 2025, a Texas federal jury in the Eastern District handed down a verdict that’s got trademark lawyers—and guitar enthusiasts—across the Lone Star State buzzing. In Gibson Brands Inc. v. Armadillo Distribution Enterprises, the iconic guitar maker Gibson scored a win against Florida-based Armadillo for infringing its legendary guitar shape trademarks, like the Flying V and Explorer. The catch? Gibson walked away with just $1 in damages. What gives? For Texas businesses protecting their brands, this case is a riff worth learning.

The Sound of Victory, Muted by Delay

Gibson, a Nashville titan with deep Texas ties (think Austin City Limits and every honky-tonk stage), sued Armadillo over its Dean Guitars line, claiming the designs ripped off Gibson’s trademarked silhouettes. The jury agreed—Armadillo infringed, and it’s now barred from selling those knockoffs. But when it came to damages, the award was a single dollar. Why? The jury leaned on a legal defense called laches, finding Gibson waited too long to strum up its claim.

Laches is lawyer-speak for “you snooze, you lose.” It’s an equitable principle that punishes delay when it prejudices the other side. Armadillo argued—and the jury bought—that Gibson knew about the alleged copying for years but didn’t act, letting Armadillo build its business on those designs. The result? A symbolic win for Gibson, but no cash to tune up its bottom line.

Trademark Takeaways: Timing Is Everything

For Texas businesses and entrepreneurs, this case hits a chord. Our state’s business-friendly courts, like those in the Eastern District, are a hotbed for trademark disputes—especially as companies flock here from Austin’s tech scene to Houston’s energy giants. Here’s what Gibson v. Armadillo teaches us:

  1. Act Fast or Pay the Price: Trademarks aren’t just logos or names—they’re assets. If you spot infringement, don’t let it slide. Delay can slash your damages, even if you win. Gibson’s $1 payout proves that enforcement isn’t just about being right; it’s about being timely.
  2. Monitor Your Marks: Gibson’s iconic shapes are as recognizable as a Longhorn steer, but even big brands can miss copycats. Regular audits of your market—whether you’re a craft brewery in Dallas or a startup in San Antonio—can catch infringers early. Pair that with a solid trademark application strategy, and you’re ahead of the game.
  3. Texas Courts Mean Business: The Eastern District’s jury didn’t mess around, balancing infringement with fairness. It’s a reminder that Texas courts respect trademark rights but won’t reward complacency. For local businesses, this is both an opportunity and a wake-up call.

Striking the Right Chord with Your Brand

Gibson’s case isn’t just about guitars—it’s a lesson for any Texas company with a brand worth protecting. Whether you’re a local BBQ joint slinging the best brisket in Texas, coding software for a Texas tech firm, or crafting the next big thing, your trademark is your identity. Letting infringement fester could leave you with a hollow victory, like a guitar with no strings.

At O’Neill Law, we’ve seen how fast the Texas market moves—and how fiercely you need to defend your turf. From filing bulletproof trademark applications to tackling infringement head-on, we help clients across the state keep their brands in tune. Gibson v. Armadillo shows that waiting can cost you more than you think. Don’t let your trademark riff fade out—let’s talk strategy before the clock runs down.

Have a trademark you need to protect? Contact us today for a consultation. In Texas, timing’s everything—let’s make sure yours is pitch-perfect.

Small Business Disputes in Texas: When to Hire a Lawyer

Running a small business in Texas—whether in Fort Worth, the broader DFW area, or surrounding counties like Tarrant or Denton—comes with its share of challenges. From managing cash flow to keeping customers happy, business owners juggle countless responsibilities. But when a legal dispute arises, those day-to-day concerns can quickly escalate into a threat to your company’s survival. Knowing when to hire a lawyer can make the difference between resolving a problem efficiently and watching it spiral out of control. At O’Neill Law, we’ve seen firsthand how small business disputes can play out in Texas, and we’re here to help you recognize the signs that it’s time to call in legal support.

Common Small Business Disputes in Texas

Small business owners face a variety of disputes that can disrupt operations or drain resources. Some of the most frequent issues include:

  • Contract Breaches: A vendor fails to deliver goods as promised, or a client refuses to pay for services rendered. In Texas, where handshake deals still carry weight but written contracts reign supreme, these disputes can get messy fast.
  • Partnership Disagreements: Whether it’s a disagreement over profit sharing or a co-owner going rogue, internal conflicts can jeopardize the entire business.
  • Employment Issues: From wrongful termination claims to wage disputes, Texas’s “at-will” employment laws don’t shield businesses from every employee-related conflict.
  • Customer Complaints: A dissatisfied client might escalate a grievance into a lawsuit, alleging fraud or breach of warranty.
  • Property or Lease Disputes: Landlords and tenants often clash over lease terms, maintenance obligations, or eviction proceedings—issues that hit hard in growing areas like Fort Worth and the DFW metroplex.

Each of these scenarios can start small but grow into a legal headache if not handled properly.

Signs You Need a Lawyer for Your Small Business Dispute

Not every disagreement requires legal intervention, but certain red flags signal it’s time to consult an attorney. Here are key situations where hiring a lawyer becomes critical:

  1. The Stakes Are High
    If the dispute threatens your business’s finances—like a $50,000 unpaid invoice or a lawsuit that could bankrupt you—it’s worth getting legal advice. A lawyer can assess the risks and help protect your bottom line.
  2. You’re Facing a Lawsuit (or Might File One)
    If someone’s already filed a claim against your business, a lawyer is essential to navigate Texas court procedures and build a defense. Likewise, if you’re considering suing someone else—like a supplier who cost you a major contract—a lawyer can evaluate whether it’s a winnable case.
  3. Contracts Are Involved
    Texas law takes contracts seriously, but interpreting them isn’t always straightforward. If a dispute hinges on ambiguous terms or a missing clause, a lawyer can clarify your rights and obligations before it escalates.
  4. The Other Party Hires a Lawyer
    Once the opposing side brings in legal representation, the playing field shifts. Trying to go it alone against a trained attorney puts you at a disadvantage—especially in complex areas like employment law or intellectual property
  5. Time and Stress Are Draining You
    As a small business owner, your time is your most valuable asset. If a dispute is consuming your focus and energy, outsourcing it to a lawyer lets you get back to running your company while they handle the legal heavy lifting.

Why Acting Early Matters

In Texas, waiting too long to address a dispute can limit your options. Statutes of limitations—like the four-year deadline for most breach of contract cases—mean delays could cost you your right to sue. Even if you’re not ready to litigate, a lawyer can step in early to negotiate, draft a demand letter, or mediate a resolution, often saving you from a courtroom battle. For businesses in fast-paced markets like Fort Worth or the DFW area, resolving disputes quickly can be the key to staying competitive.

What a Lawyer Can Do for Your Texas Small Business

Hiring a lawyer doesn’t always mean going to trial. At O’Neill Law, we’ve helped small business owners across DFW and beyond with legal strategies like:

  • Negotiation: Settling disputes out of court to save time and money.
  • Contract Review: Spotting potential issues in agreements before they become problems.
  • Litigation: Fighting for your interests if a case lands in a Texas courtroom.
  • Intellectual Property: Securing and protecting your brand and ideas.
  • Risk Management: Advising on policies to prevent future disputes, from employee handbooks to vendor agreements.

For example, we recently assisted a small business in DFW collect from a client, who had several outstanding invoices. We also recently helped owners of a Texas LLC negotiate the buy-out of a minority member of the LLC on favorable terms. By stepping in early, we negotiated resolutions that avoided litigation and kept costs to a minimum for both sides of these disputes. Stories like these show how legal support can turn a crisis into a manageable bump in the road.

When to DIY (and When Not To)

Some minor issues—like a late payment from a reliable client—might resolve with a friendly reminder or a stern email. But if the problem persists, involves legal documents, or risks your business’s reputation, DIY solutions can backfire. Without a solid grasp of Texas law, you might accidentally waive rights or worsen the situation. When in doubt, a quick consultation with a lawyer can clarify whether you’re in over your head.

Take the Next Step

Small business disputes are part of the entrepreneurial journey, but they don’t have to derail your success. If you’re facing a legal challenge—whether in Fort Worth, Dallas, or the surrounding counties—don’t wait until it’s too late. The team at O’Neill Law is here to provide practical, Texas-rooted advice tailored to small businesses like yours. Contact us today for a free consultation to discuss your situation and find out how we can help you get back to business as usual.

Five Common Legal Mistakes Texas Small Business Owners Make (And How to Avoid Them)

Running a small business in Texas is no small feat. Whether you’re slinging brisket in a BBQ joint, crafting custom furniture in the Hill Country, or launching a tech idea in Houston, you’ve got enough on your plate without legal headaches. But here’s the catch: some of the biggest risks to your business aren’t from competitors or cash flow—they’re from avoidable legal mistakes. At O’Neill Law, we’ve seen these slip-ups affect hardworking Texans time and again. Here are the five common legal mistakes small business owners make—and how you can steer clear.

1. Skipping the LLC or Corporation Setup

Many Texas entrepreneurs start as sole proprietorships because it’s the default—no paperwork, no fuss. But here is the problem: it leaves your personal assets (think house, truck, savings) wide open to business debts or lawsuits. Forming an LLC or corporation creates a legal shield between you and your business. It’s a $300 filing with the Texas Secretary of State and a little planning—cheap insurance compared to losing everything.

Fix It: File that Certificate of Formation and draft an operating agreement. We can help make it painless.

2. Ignoring Written Contracts

Handshake deals might feel like the Texas way, but they’re a recipe for trouble. Without a written contract—whether it’s with a vendor, client, or partner—disputes turn into “he said, she said” battles. Courts love clarity, and so should you.

Fix It: Put every agreement in writing. A quick contract review by a lawyer can save you a fortune in fights later.

3. Not Registering for the Right Permits or Licenses

Texas is business-friendly, but it’s not a free-for-all. Depending on your industry—say, food service in San Antonio or construction in Dallas—you might need state or local permits. Skipping them can mean fines, shutdowns, or worse. Forgetting to register for the Texas franchise tax (even if you owe $0) is another sneaky trap.

Fix It: Research your industry’s requirements or let us do the legwork. Compliance is easier than cleanup.

4. Failing to Plan for Business Disputes

Every business faces disagreements—maybe a client won’t pay, a supplier delivers late, a partner wants out, or an issue arises with an employee. Without a plan, these disputes can spiral into costly lawsuits or even sink your business. In Texas, where we pride ourselves on independence, it’s tempting to hope for the best—but that’s a gamble you don’t need to take.

Fix It: Build dispute resolution into your business and employment contracts (like mediation clauses) and have a legal strategy ready. We can help you prepare for the unexpected.

5. Neglecting Intellectual Property Protection

Your business name, logo, or secret sauce recipe might be your golden ticket—but they’re not safe without protection. If you don’t trademark your brand or secure your trade secrets, someone else can swoop in. In Texas, where competition’s fierce, that’s a risk you can’t afford.

Fix It: Register your trademark or draft a confidentiality agreement. It’s a small step for big security.

The Bottom Line: Don’t Go It Alone

These mistakes are easy to make when you’re busy building a business, but they’re even easier to avoid with the right help. At O’Neill Law, we’re here to keep your business dream on track. From setting up your LLC to drafting ironclad contracts, we’ve got your back—so you can focus on what you do best.

Spot one of these mistakes in your business? Don’t wait for it to bite you. Contact us today for a consultation, and let’s get your legal house in order. Success starts with a strong foundation—let’s build yours together.

Why Filing for a Trademark Early is a Smart Move for Your Business

Whether you’re just launching a new venture or have been running your business for a while, one of the most critical steps you can take to protect your brand is filing for a trademark. It’s easy to overlook this in the whirlwind of starting or managing a business—after all, there are products to develop, customers to attract, and operations to streamline. But securing a trademark early (or even now, if you’ve been in business for some time) can save you headaches, legal battles, and lost opportunities down the road. Here’s why acting sooner rather than later is a smart move—and how our firm can help you every step of the way.

The Power of a Trademark

A trademark is more than just a logo, name, or slogan—it’s the legal backbone of your brand’s identity. It distinguishes your goods or services from competitors and signals to customers that your business stands for quality and consistency. Registering a trademark with the United States Patent and Trademark Office (USPTO) gives you exclusive rights to use that mark in connection with your products or services, and it provides a powerful tool to stop others from infringing on your brand.

Advantages of Filing Early

  1. Secure Your Brand Before Someone Else Does
    In the world of trademarks, it’s often “first come, first served.” If you wait too long, another business—even one in a different state or industry—could register a similar name or logo, leaving you with limited options. Filing early locks in your rights and prevents others from claiming what’s yours.
  2. Avoid Costly Rebranding Later
    Imagine spending years building a loyal customer base only to discover that your business name infringes on someone else’s trademark. You could be forced to rebrand—new logos, new marketing materials, new website—all at a steep cost. Filing early helps you avoid this nightmare scenario by ensuring your brand is legally protected from the start.
  3. Deter Copycats and Infringers
    A registered trademark sends a clear message: this brand is off-limits. It’s a proactive step that discourages competitors from trying to piggyback on your success. And if they do, you’ll have the legal ammunition to stop them quickly and efficiently.
  4. Build a Stronger Business Value with Nationwide Protection
    Your trademark is an asset. Investors, partners, and potential buyers see a registered trademark as a sign of a serious, established business. Filing early strengthens your company’s foundation and can even boost its market value over time. Even if your business is small now, a federal trademark registration gives you rights across the entire U.S. That’s critical if you plan to expand—or if an out-of-state competitor tries to challenge your brand.

What If You’ve Already Started Your Business?

If your business has been up and running for a while without a registered trademark, don’t worry—it’s not too late. Filing now can still offer all the benefits above, plus it can help you address any vulnerabilities that may have crept up. Maybe you’ve noticed competitors using similar branding, or perhaps you’re planning to scale up and want to solidify your legal footing. Whatever the case, acting now can protect what you’ve already built and set you up for future success.

The Process Can Be Tricky—But We’ve Got You Covered

Filing for a trademark might sound straightforward, but the process is full of potential pitfalls. From conducting a thorough search to ensure your mark is unique, to navigating USPTO requirements and responding to any objections, it’s a journey that benefits from experienced guidance. That’s where we come in.

At O’Neill Law, we specialize in helping businesses protect their intellectual property. Whether you’re a startup founder with a fresh idea or an established owner looking to secure your brand, we’ll handle the heavy lifting—filing your application, monitoring its progress, and ensuring your trademark stands up to scrutiny. Our goal is simple: to give you peace of mind so you can focus on growing your business.

Take the First Step Today

Don’t wait until a competitor swoops in or a legal dispute derails your momentum. Filing for a trademark early—or even now—lays the groundwork for a stronger, more secure business. Contact us today to discuss your brand and how we can help you protect it. Your business deserves it—and we’re here to make it happen.

Update: Treasury Department Suspends BOI Reporting Enforcement – What It Means for You

In our previous blog post, we alerted you to the reinstated Beneficial Ownership Information (BOI) reporting requirements under the Corporate Transparency Act, with a deadline of March 21, 2025, for most U.S. businesses to file their reports. However, a significant update from the U.S. Department of the Treasury this week has shifted the landscape once again, offering relief to millions of domestic small businesses and their owners. Here’s what you need to know about this latest development.

Treasury Halts Enforcement of BOI Penalties for U.S. Companies

On March 2, 2025, the Treasury Department announced that it will no longer enforce penalties or fines against U.S. citizens or domestic reporting companies for failing to comply with the BOI reporting requirements—neither under the current March 21 deadline nor after forthcoming rule changes take effect. This decision marks a dramatic pivot from the prior enforcement stance, which had threatened civil penalties of up to $591 per day and criminal fines of up to $10,000 for non-compliance.

The Treasury’s move comes as a welcome reprieve for small business owners who have faced confusion and regulatory whiplash due to multiple court challenges and shifting deadlines surrounding the CTA.

A Shift in Focus: BOI Rules to Apply Only to Foreign Companies

In addition to suspending enforcement for domestic entities, the Treasury revealed plans to issue proposed rulemaking that will narrow the scope of the BOI reporting requirements. Going forward, the obligation to file BOI reports will apply solely to foreign reporting companies—those entities registered to do business in the U.S. but formed under the laws of another country. This change aims to refocus the CTA’s anti-money laundering efforts on entities perceived as posing greater risks to national security and law enforcement, while alleviating the compliance burden on U.S.-based businesses.

While the details of the proposed rule are still forthcoming, this shift suggests that most domestic small businesses—previously estimated at over 32 million entities subject to the reporting rules—may no longer need to file BOI reports at all once the new regulation is finalized.

What Should You Do Now?

If you’ve already begun preparing your BOI report in anticipation of the March 21 deadline, you can likely pause those efforts—at least for now. The Treasury’s announcement effectively suspends the immediate pressure to file, and the forthcoming rule changes could eliminate the requirement entirely for U.S.-formed companies. However, here are a few key steps to consider:

1. Stay Informed: The Treasury has promised to issue a proposed rulemaking to formalize these changes, likely followed by a public comment period. Until the new rule is finalized, the situation remains fluid. We’ll keep you updated as more details emerge.

2. Foreign Entities, Take Note: If your business is a foreign reporting company operating in the U.S., you may still be subject to BOI reporting once the new rules are in place. Keep an eye on future guidance from FinCEN to understand your obligations.

3. Hold Off on Filing (For Now): While the CTA technically remains in effect, the lack of enforcement for domestic companies means there’s no penalty for waiting. If you’ve already filed voluntarily, no action is needed unless your ownership information changes.

Looking Ahead

This latest development reflects a broader push to streamline regulations and reduce administrative burdens on American businesses—a priority echoed by President Donald Trump, who praised the Treasury’s decision as a win for small business owners nationwide. However, it’s worth noting that some anti-corruption advocates have raised concerns, arguing that suspending BOI enforcement for domestic companies could weaken efforts to combat illicit finance and potentially impact national security.

For now, the March 21, 2025, deadline is no longer a pressing concern for most U.S. businesses. O’Neill Law is closely monitoring these changes and will provide further updates as the Treasury clarifies its next steps. If you have questions about how this affects your business or need assistance navigating the evolving CTA landscape, don’t hesitate to reach out to us.

Stay tuned for more insights, and let us help you keep your business compliant with confidence.

New BOI Reporting Deadline: What Business Owners Need to Know

A recent court ruling has changed the compliance deadline for the Beneficial Ownership Information (BOI) report, a new federal requirement under the Corporate Transparency Act (CTA). Many business owners are unaware of this obligation, and with the updated deadline now set for March 21, 2025, it’s important to understand what this means and how to stay compliant.

What Is the BOI Reporting Requirement?

The CTA, which took effect in 2024, was designed to increase corporate transparency and prevent financial crimes like money laundering and fraud. Under this law, many businesses—including LLCs, corporations, and other similar entities—must disclose information about their beneficial owners (the individuals who ultimately own or control the company) to the Financial Crimes Enforcement Network (FinCEN).

Why Is There a New Deadline?

Initially, the BOI reporting requirement was scheduled to take effect earlier in 2024. However, a federal court in Texas temporarily blocked the rule, arguing that the law may have exceeded constitutional limits. That injunction created uncertainty about enforcement, but the court recently lifted the hold, meaning that businesses must now comply with the filing requirement. As a result, FinCEN has set a new deadline of March 21, 2025, for entities that were previously covered by the injunction.

Who Needs to File?

The BOI reporting requirement applies to most small businesses, including LLCs, corporations, and other registered entities. However, certain businesses, such as publicly traded companies and regulated financial institutions, may be exempt. If you’re unsure whether your business needs to file, it’s best to consult with a legal professional.

Penalties for Non-Compliance

Failing to file the required BOI report on time can result in significant penalties, including:

  • Civil fines of up to $591 per day for each day the report is late
  • Criminal penalties, including fines of up to $10,000 and potential imprisonment for willful violations

Given these potential consequences, it’s essential for business owners to act now to ensure compliance.

How to Comply

Filing a BOI report involves submitting information about the company’s beneficial owners, including their name, date of birth, address, and a government-issued identification number. The report must be filed electronically with FinCEN.

For many small business owners, determining whether they need to file—and ensuring all information is correctly reported—can be overwhelming. If you have questions or need assistance, our firm can help guide you through the process and ensure you meet the deadline.

Need Help?

If you’re unsure whether the BOI reporting requirement applies to your business or want assistance with filing, our law firm is here to help. Contact us today to ensure you’re in compliance before the March 21, 2025, deadline.

Stay informed, stay compliant, and avoid unnecessary penalties. Reach out today!