Burke Bogdanowicz PLLC FindLaw IM Template2026-06-08T13:28:40Zhttps://www.burkebog.com/feed/atom/WordPress/wp-content/uploads/sites/1504474/2021/06/cropped-favicon-32x32.jpgOn Behalf of Burke Bogdanowicz PLLC<![CDATA[Texas liens, complex commercial projects, notice and retainage]]>https://www.burkebog.com/?p=499372026-05-13T15:52:10Z2026-05-13T15:52:10ZTexas’s recent overhaul of its construction lien statutes has changed the rules in ways that reward disciplined teams and punish casual paperwork. As a result of these changes, when it comes to large, multi-tier projects, the difference between getting paid and losing leverage often comes down to two things: timely notice and proper retainage handling. One missed step can cost real money in a single draw cycle.For contractors, subcontractors and suppliers, preserving lien rights now requires precision without over-noticing. Monthly notice requirements are stricter about who must send what, and when. Missing a deadline can forfeit lien rights for that month’s work. At the same time, blasting unnecessary notices can strain relationships and signal internal disorganization. The goal is targeted compliance: send notices only when required, but never late. Tracking project tiers, contract dates and invoice cycles is necessary, especially when working under multiple upstream parties.Retainage is another area where strategy matters more than ever now. Texas law requires owners to withhold a portion of a contract price—typically ten percent—for a defined period to secure potential lien claims. If handled correctly, this retainage creates a pool that downstream parties can claim against. If mishandled, it can expose owners to double payment risk. Contractors and subs must also understand how contractual retainage interacts with statutory retainage, as they are not always the same.
Avoiding potentially costly missteps
Modern fund-trapping rules allow owners to withhold payment from a general contractor when proper notices are received from lower-tier parties. Failing to trap funds after receiving a valid notice can make the owner personally liable for those amounts. Likewise, improper release of retainage or early payments without verifying lien waivers can create unnecessary exposure.Common concerns that predate the state’s new rules can also derail otherwise strong claims. They include sending notices to the wrong party, using outdated forms, miscalculating deadlines, failing to track change orders and assuming that partial payment waivers cover future work. Another frequent mistake is treating retainage casually, either by failing to document it properly or by releasing it without confirming that all lien rights have been resolved.A practical checklist helps keep projects on track. Contracts should clearly define notice procedures, retainage terms and waiver requirements. Pay applications should match the contract scope, separate base work from change orders and align with notice timing. Change orders should be documented promptly and integrated into a billing and notice schedule.For owners and lenders, red flags include irregular payment patterns, missing or inconsistent lien waivers, notices arriving late in the cycle and unexplained retainage discrepancies. These signals often point to deeper compliance issues.In today’s Texas lien landscape, success is not just about doing the work. It is about managing the paper trail with the same discipline as the project itself. Seeking personalized legal guidance as proactively as possible can help. ]]>On Behalf of Burke Bogdanowicz PLLC<![CDATA[Think your code is safe? AI may have already stolen it]]>https://www.burkebog.com/?p=498612025-10-03T15:42:27Z2025-10-03T07:49:39ZHow training data becomes an intellectual property (IP) problem
AI can create and protect both creative and analytical intellectual property. But if you are a developer, can you claim infringement if a company used your code to train their AI? Can you imagine working hundreds or even thousands of hours on a software, only to find out later that part of your work was fed into a system without your consent?
The biggest problem is that the material AI trains on—whether it is code, art or writing—already belongs to real people who put in that work. AI does not have the awareness to create its own unique work and everything it generates is only based on something it learned from existing material. So, if AI creates something that is partly based on something you created from scratch, your brainchild, do you partially own the results as well?
Key disputes emerging in AI and intellectual property
Who truly owns AI content? Here are some of the ways that current developers and companies are challenging how AI uses their work:
Scraping and reusing code: Some tech companies use open-source code to train AI systems, which blurs the line between fair use and copyright infringement.
Using copyrighted works in learning sets: There are now several lawsuits that argue that using copyrighted books, articles or images to train AI without permission is unlawful.
Understanding derivative works vs. fair use: There are claims that AI outputs are simply unlicensed copies as opposed to transformative inventions from unique ideas.
Defining transparency gaps: Many companies refuse to disclose what data they used to train their AI models, so creators cannot fully claim ownership of the output.
As a creator, you may be facing copyright issues that are not as straightforward as the IP challenges you had pre-AI, so you must change how you approach the problem from a legal standpoint as well.
What this means for your future
With AI and IP law still developing, Texas courts are still deciding whether training data use is fair use or infringement of your rights. You should document your work, use clear licenses and consult a legal counsel to protect your rights as new rulings on generative AI come in.]]>On Behalf of Burke Bogdanowicz PLLC<![CDATA[What should families know about wrongful death claims in Texas?]]>https://www.burkebog.com/?p=498322026-02-02T14:31:37Z2025-09-02T21:51:15ZLosing a loved one is a devastating event, but it can be even more complex when the death was unexpected and caused by someone else’s negligence. For some people, the desire to do something about their loved one’s death is overwhelming.
In Texas, one option that’s possible if negligence, recklessness or purposeful actions caused the fatality is a wrongful death claim. When you file a wrongful death claim, you seek to hold someone accountable for the incident and to receive monetary compensation.
Who can file a wrongful death claim in Texas?
There are limits to who can file a wrongful death claim in Texas. The only individuals who can file the claim include:
Decedent’s spouse
Decedent’s children
Decedent’s parents
Each individual who has the legal ability to file a wrongful death claim can opt to file together or separately. If they don’t opt to do this, the executor of the decedent’s estate can file three months after the decedent’s death. The only exception to this is if the family instructs them not to file the claim.
What types of damages can be recovered?
A wrongful death claim is meant to compensate you for the loss that you suffered because of the untimely death. This can include various types of damages, such as:
Loss of earning capacity
Loss of companionship and guidance
Value of household services the deceased individual provided
Mental anguish for the immediate family members
In some cases, other damages, such as exemplary damages, are also possible. These aren’t meant to compensate you. Instead, they are meant to punish reckless behavior that’s particularly egregious. Loved ones only have two years to file a wrongful death claim in Texas. The time starts when the death occurs, so swift action is critical for these matters. It may be beneficial to work with someone familiar with these matters so they can assist with the process. This can give you time to grieve your loved one’s death and handle their final affairs while that individual takes care of the legal side of the matter. ]]>On Behalf of Burke Bogdanowicz PLLC<![CDATA[How non – solicitation agreements can help protect employers]]>https://www.burkebog.com/?p=495592025-05-28T00:32:58Z2025-02-06T11:15:09ZWhat protection does a non-solicitation agreement offer?
As the name implies, a non-solicitation agreement prohibits an employee from attempting to solicit others for business purposes in a way that could harm their employer. There are two primary applications of non-solicitation agreements.
One has to do with customers or clients. Non-solicitation agreements can prohibit current or former employees from using relationships they establish while working at the company for personal gain. They can't reach out to contacts at other businesses or copy a client list before leaving their job to try to do business with those clients or customers in the future.
The other potential use of a non-solicitation agreement is to protect company talent. When one worker from a company gets a job with a new business, they might reach out to their former teammates or subordinates to see if they want to come work for that company as well.
Former employees who start their own businesses or professional practices might also attempt to lure the best and brightest workers away from the company that previously employed them. Non-solicitation agreements can prohibit employees from taking business opportunities or workers on whom the company relies.
In addition to including the right terms in a non-solicitation agreement, employers must also be ready to proactively enforce their employment contracts should infringement occur. Developing robust organizational protections through comprehensive contracts can help reduce risks associated with hiring new talent.]]>On Behalf of Burke Bogdanowicz PLLC<![CDATA[3 forms of recourse if professional negligence harms a client]]>https://www.burkebog.com/?p=495352025-01-06T07:31:00Z2025-01-09T07:30:17Z1. Filing a formal complaint
When a professional works in an industry regulated by a licensing agency, they must adhere to the standards maintained by the licensing authority. If they fail to do so, clients, patients or even members of the general public could file a complaint.
A formal complaint can lead to an investigation. Professional licensing boards have the authority to discipline individuals or even strip them of their right to work in a particular field by eliminating their professional licensing.
2. Seeking insurance compensation
A variety of different professionals carry specialized insurance in case they make mistakes or commit acts of negligence on the job. Their policies can cover costs incurred by others due to their professional failings.
Errors and omissions insurance coverage can protect professionals such as engineers or real estate agents in case they make mistakes that have negative consequences for their clients. Provided that there is documentation affirming the nature of a professional's failure and the impact it had on the client, people may be able to recoup their losses by filing an insurance claim.
3. Pursuing a malpractice lawsuit
Many people are familiar with the concept of medical malpractice. People can sue their doctors when they don't provide a professional standard of medical care.
Malpractice lawsuits are also an option for those harmed by other professionals. People can take legal action against accountants, lawyers and other licensed professionals who fail to fulfill their duty to their clients and cause them harm because of their unprofessional conduct or negligence.
Reviewing the situation in which a licensed professional may have committed malpractice can help people determine which options for recourse are best given their circumstances. Those harmed by licensed professionals often have the option of taking legal action or seeking financial compensation.]]>On Behalf of Burke Bogdanowicz PLLC<![CDATA[3 common reasons business partnerships fail]]>https://www.burkebog.com/?p=495342025-08-08T14:43:52Z2024-12-12T09:45:21Z1. Mismatched priorities
Discussing plans for the business is an important aspect of any functional partnership. The partners need to have the same goals and priorities. If they are not on the same page about how they run the business together, then they may end up eventually disagreeing about something crucial.
Whether the partners disagree about a sale opportunity or about how to fill a vacant position within the company, their disagreements can ultimately undermine the success of the business and the partnership. Partners who don't discuss their long-term plans before committing to a partnership may eventually realize that they have incompatible goals.
2. Inappropriate conduct
Some partnerships fail because one partner breaches their fiduciary duty. Those who help run businesses have an obligation to put the organization's best interests first. Partners who engage in embezzlement or self-dealing can harm the company and do permanent damage to the partnership relationship.
Misconduct could also involve sexually harassing an employee or cutting corners on projects. Decisions that may harm the business overall may harm the partnership as well.
3. Uneven levels of commitment
Both partners should consistently follow through with what they promised to one another. If one partner commits more financially to the organization, then the other may have to work more hours per week to balance that discrepancy.
In situations where one partner does not display the same level of commitment to the organization as the other, that can breed resentment. It can also slow the company's development.
Those who find themselves dealing with intractable partnership disputes may need help planning a path forward. Buyout proposals, dissolution efforts and even business litigation are all viable solutions for those dealing with a significant partnership dispute. Learning about what may damage partnerships in the long run can help people discuss matters beforehand and include terms in partnership agreements that reduce the likelihood of the partnership failing.]]>On Behalf of Burke Bogdanowicz PLLC<![CDATA[Why businesses cannot afford to leave trade secrets unprotected]]>https://www.burkebog.com/?p=495332024-11-07T05:57:39Z2024-11-13T05:57:14Zhas economic value because it is secret and others cannot legitimately obtain that information, an organization likely has a vested interest in protecting that trade secret.
Whether a company uses specific suppliers to guarantee product quality while keeping costs low or has a proprietary sauce that customers love, trade secrets give them a competitive advantage. It is, therefore, crucial for organizations to ensure that they properly protect their trade secrets. Leaving them unprotected can result in devastating consequences.
Trade secrets have never been more vulnerable
Thanks to social media and the internet in general, it has never been easier for bitter former employees or competitors to spread trade secrets to the public. Certain information can make a business look bad to its customer base.
Other trade secrets might allow customers to duplicate a product so that they don't have to continue buying it from a business. People can share information online and have it go viral in a matter of hours. Other times, vendors with access to company information or employees could give or sell trade secrets to another business. Those competitors could then infringe on the company's trade secrets and diminish their market share.
How can companies protect trade secrets?
There are numerous tactics to help protect trade secrets. Ensuring that no one employee has complete access to certain proprietary information can go a long way toward protecting trade secrets. Restrictive covenants in contracts negotiated with employees, independent contractors, service providers and vendors can also help.
In scenarios where a breach of contract may have occurred or another party inappropriately obtained trade secrets, businesses may need to take prompt action to protect their trade secrets. Litigation can result in the courts issuing an injunction against the use of trade secrets. They could force people to remove inappropriate content from the internet. The courts can also award damages for the economic harm caused by unfair exposure of trade secrets.
Companies need to be proactive about protecting their trade secrets and enforcing their right to maintain them if/when infringement occurs. Pursuing business litigation is often one of the best options available when a worker or other party leaks trade secrets and harms a company's ability to fairly compete.]]>On Behalf of Burke Bogdanowicz PLLC<![CDATA[Quantifying damages in a breach of contract scenario]]>https://www.burkebog.com/?p=494832024-10-01T07:33:56Z2024-10-04T15:14:04ZLook at disruptions to operations
Frequently, breach of contract issues become problematic because they impact company operations. If a vendor fails to deliver structural steel, a construction project may end up delayed by weeks. Determining the duration of operational interruptions and the costs incurred because of that delay can help businesses quantify the harm caused by a breach of contract.
Include penalties from the initial contract
In addition to factoring in any operational disruptions, the plaintiff organization may need to review the initial contract for penalty clauses. Imposing penalties for delays and project completion or non-performance is a common practice. In some cases, those penalties may accrue on a per diem basis. Other times they may reflect a percentage of the contract's overall value. The contract may even include terms related to liquidated damages based on likely losses a violation of the agreement could cause. Penalties provided for within the initial agreement can contribute to the overall value of the breach of contract lawsuit.
Determine the cost of resolving the issue
Organizations may have to make a quick decision in a breach of contract scenario. They may need to hire another contractor or obtain supplies from a different business. In such scenarios, they may pay far more than they would have if they had an opportunity to negotiate. The pressure that a breach of contract can put on a company to resolve the issue quickly may lead to numerous secondary losses and higher expenses. Those costs can contribute to the total damages sought in the lawsuit.
Organizations that review their contracts and financial records carefully with a skilled legal team can work to optimize their recovery in a breach of contract lawsuit scenario. Demanding the maximum amount of compensation at issue can minimize harm caused to a business and serve as a deterrent for future contractual violations.]]>On Behalf of Burke Bogdanowicz PLLC<![CDATA[Can companies still enforce noncompete agreements?]]>https://www.burkebog.com/?p=494742025-05-29T09:25:42Z2024-09-07T03:45:52ZA judge just ruled against the federal ban
Noncompete agreements are legal in most states but were recently the subject of a new federal rule. The Federal Trade Commission (FTC) helps govern business operations in the United States. Early in 2024, the FTC announced a new final rule effectively banning noncompete agreements in employment contracts.
That ban did not just apply to new contracts executed after the announcement of the rule but also to existing contracts signed possibly years before its announcement. Before the rule actually took effect, however, multiple lawsuits challenged the new rule.
A federal court judge in Texas recently issued a ruling declaring that the FTC exceeded its authority by implementing this new final rule. In other words, the noncompete ban is currently unenforceable. Employers can still include noncompete agreements in their employment contracts. They can also enforce existing ones if workers try to leave the company and engage in unfair competition.
It is worth noting that this failed attempt to ban noncompete agreements is unlikely to be the last effort to limit them. Many employers may need to start exploring alternate means of limiting unfair competition and protecting their trade secrets.
For the time being, companies can initiate a lawsuit against a worker who has signed a contract with a noncompete agreement and then violated the terms of that agreement. Tracking changes to employment rules can help companies protect themselves by avoiding illegal activity and fine-tuning company practices as the law evolves.]]>On Behalf of Burke Bogdanowicz PLLC<![CDATA[How AI may compromise the quality of professional services]]>https://www.burkebog.com/?p=494602024-07-29T06:21:00Z2024-08-01T16:10:07ZAI still makes many mistakes
Contrary to what people think, AI doesn't necessarily think for itself, nor is it automatically more accurate than human efforts. AI largely works by reviewing available data online. It may access existing works of art in an effort to produce unique pieces based on the prompts input by a software user.
There have already been cases of licensed professionals facing professional discipline because they inappropriately used AI as part of their jobs. In certain sectors, AI issues could be particularly concerning for the clients that hire professionals.
A company that hires an architect to design a new structure may not realize that the blueprints they receive come from AI software. AI programs are simply not capable of understanding the real-world implications of design features and addressing all of the unusual issues that can affect the erection of a new building.
Companies seeking professional services related to content creation, architecture, legal guidance and many other organizational needs may need to look at the final products provided carefully to ensure what they received came from a professional, not AI software. In scenarios where a paid service provider does not do the work themselves but rather cuts corners by using software to turn out a fast and cheap solution, clients may have reason to take legal action.
Particularly when the AI does a poor job and the professional does not catch issues before sending products to a client, their conduct may warrant legal action. Businesses may need to start integrating clauses related to the use of AI into contracts with service providers and even their own employees. They may also need to pursue business litigation in cases if an inappropriate use of AI occurs. Organizations that pay for professional services should receive what they requested, not mediocre offerings available to anyone with AI software subscriptions.]]>