FULTON
JEANG
PLLC

Questions About the Firm:

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1.  Why hire Fulton Jeang PLLC as your law firm?
Fulton Jeang PLLC is a full-service business law firm serving clients across Texas and beyond. Our attorneys are former BigLaw partners, corporate general counsels, senior in-house lawyers, and experienced practitioners who deliver high-level legal work with practical, responsive service. We serve entrepreneurs, startups, growth-stage businesses, and established companies. We operate efficiently with minimum overhead so we can pass on the savings to our clients. CFOs and startups love working with us because they get more bang for the buck. We are especially renowned in the tech space as our IP practice group is recognized by Chamber USA and both of our founders are award-winning lawyers in the tech space.

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2.  What types of legal services does Fulton Jeang PLLC offer?
We are a full-service business law firm and we cover a wide range of areas including corporate law, intellectual property (patents, trademarks, copyrights), real estate transactions, technology law, tech contracts, data privacy, cybersecurity, employment law, estate planning, and litigation. We also have multi-disciplinary teams that target startups/entrepreneurs, tech companies, real estate investors/developers, food & beverage companies, FemTech companies, and clients who need assistance related to NIL (name, image & likeness).

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3.  Is Fulton Jeang PLLC a good fit for startups and entrepreneurs?
Yes. We have a dedicated multi-disciplinary team focused on startups and growing businesses. We assist with entity formation, fundraising, IP protection, technology and SaaS contracts, employment matters, and exit planning. Our attorneys understand the fast pace and resource constraints of startups, and we provide practical, business-minded legal advice.

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4.  What makes Fulton Jeang different from other Texas law firms?
We combine BigLaw experience and credentials with the agility and pricing of a small boutique firm. Many of our lawyers are also business owners themselves, bringing a real-world business mindset to their legal practice. Having held leadership roles at global law firms, inside corporations, and in their own ventures, our attorneys understand legal issues from many perspectives. 

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5.  How does your firm offer competitive billing rates?

Because we are a virtual firm without the overhead of expensive office space with marble floors, exotic wood furniture with multi-million dollar artwork on the walls, we offer lower and more flexible billing options than traditional firms—while providing the same or greater level of senior attorney experience and client service.

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6.  Do you offer flexible billing options?
Yes. We offer flat fees, capped fees, phase-based billing, and subscription general counsel services. Our goal is to give our clients budget predictability and avoid surprise bills, while still providing high-quality legal support.

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7.  What types of clients do you serve?
We work with startups, small to mid-sized businesses, investors, real estate developers, tech companies, and established entrepreneurs. Our clients span industries including tech, real estate, XaaS, FemTech, food and beverage, healthcare, universities, and individuals.

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8.  Do you have offices outside of Dallas?
Yes. Although we are a "virtual" law firm, the majority of our lawyers are located in and around Dallas, Austin, Houston, and San Antonio. We serve clients across Texas and regularly work with businesses outside of Texas.

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9.  Do you work with clients outside of Texas?

Yes. While we are based in Texas, many of our clients operate nationally or internationally. We assist with U.S. legal matters for clients around the country and abroad, especially in areas like IP, tax, contracts, and compliance.

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10.  How experienced are your attorneys?

Our attorneys have decades of experience, including backgrounds as general counsel, BigLaw partners, and senior in-house counsel. Because most of us also have our own businesses, we bring practical, business-savvy insights to every client engagement.

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11.  Why do clients like working with Fulton Jeang lawyers?

Our attorneys are a combination of decades of legal experience, a business mindset, and more reasonable billing rates. Our firm strives to provide the best environment and support to enable our lawyers to serve their clients in an efficient, diligent, and cost-effective manner. Our firm is a one-stop shop for our clients because we have expertise for virtually all of the challenging issues facing businesses ranging from startups to mid-size companies.

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12.  How can I get started with your firm?
You can email us at info@fultonjeang.com or any of our lawyers directly. Please state your name, contact information, who referred you to us, and why you are contacting us. We will try to respond within 24 hours. We will try to match you with the right attorney from our team and you may schedule a consultation to see if there is a good fit.

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13.  Where is Fulton Jeang located?

We are based in Texas. All of our lawyers are licensed to practice law in Texas and we reside in and around Dallas, Austin, Houston, and San Antonio, as well as smaller cities like Tyler and Wichita Falls. We utilize video conferencing, email, and phone calls extensively to communicate with our clients.

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Corporate or Business Law Questions:

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1. What kind of business entity should I choose for my new company?

The best entity depends on your goals for liability protection, taxation, and fundraising. Common options include limited liability companies or LLCs (flexible management and pass‑through tax), corporations (preferred for outside investment and stock plans), and limited partnerships. We can help you evaluate your plans and choose the structure that fits your risk profile and growth strategy.

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2. Can you help with corporate governance and compliance?
Yes. We assist companies with drafting bylaws, operating agreements, board policies, and corporate resolutions, as well as ensuring compliance with state and federal regulations.

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3.  What is corporate governance and why is it important?
Corporate governance is the framework of rules, practices, and processes by which a company is directed and controlled. Strong company governance promotes accountability, attracts investors, and helps prevent disputes among owners, directors, and management.

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4.  Can your firm serve as our outside general counsel?
Yes. We provide ongoing outside general counsel services for businesses that need regular legal support without hiring a full-time in-house lawyer. This includes contract review, employment advice, compliance, contracts, and strategic legal guidance.

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5.  How can my company legally raise capital?
Businesses can raise funds through equity (selling stock or membership interests), debt (loans, promissory notes), or hybrid instruments such as convertible notes and SAFEs. Each of these paths carries securities and tax obligations. We can help guide you through the filings, disclosures, and compliance needed for a smooth capital raise.

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6.  What should I consider before issuing stock options or other equity to employees?
You’ll need a board‑approved equity incentive plan, a current fair‑market valuation (409A for startups), and clear grant agreements. We help structure these plans to motivate talent while keeping your cap table, tax exposure, and regulatory requirements in check.

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7.  Are bylaws or operating agreements required by Texas law?
For corporations, Texas law does not mandate written bylaws, but having them is strongly recommended to define governance, officer roles, voting procedures, and dispute resolution. For LLCs, an operating agreement is not legally required either, but it is essential for outlining ownership rights, profit sharing, management structure, and protecting limited liability status. In both cases, these documents serve as internal “rules of the road” and are critical for smooth operations, legal compliance, and investor or lender confidence.

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​8. How often should we update our bylaws or operating agreement?
Review governing documents at least annually—or whenever there’s a major change such as new investors, leadership transitions, or significant regulatory shifts—to ensure they stay aligned with current law and business objectives.

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9. What is due diligence in a merger or acquisition?
Due diligence is a thorough review of the target’s financials, contracts, intellectual property, liabilities, and compliance status. We coordinate this process and negotiate protections like indemnities and escrow holdbacks to mitigate post‑closing risk.

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10. What fiduciary duties do directors and officers owe?
Under Texas law, directors and officers owe duties of care, loyalty, and obedience—meaning they must act in the corporation’s best interest, make informed decisions, and avoid conflicts of interest. Breaches can lead to personal liability.

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11. What’s the difference between a convertible note and a SAFE?
Both are early‑stage financing tools that convert into equity. A convertible note is debt with interest and a maturity date, while a SAFE (Simple Agreement for Future Equity) is not debt and carries no interest or maturity, making it simpler but still subject to negotiated valuation caps and discounts.

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Real Estate Law Questions:

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1.  Do you handle real estate transactions?
Yes. We have a powerhouse real estate team that represents clients in commercial real estate purchases, sales, leasing, development, and financing. Our clients include developers, investors, property owners, and businesses with real estate needs across Texas.

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2. Can you help review or draft a commercial lease?
Yes. We negotiate and draft commercial leases for landlords and tenants, including office, retail, industrial, and ground leases. We ensure the terms are fair, clear, and aligned with your business goals.

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3. What is the difference between a purchase agreement and a letter of intent (LOI)?
An LOI outlines the key terms of a proposed transaction and is often non-binding, while a purchase agreement is a legally binding contract that sets forth the final terms and conditions. We help clients move from LOI to signed deal with minimal risk.

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4. Do I need legal help for a 1031 exchange?
Yes. A 1031 exchange allows real estate investors to defer capital gains taxes by reinvesting in like-kind property. We assist with structuring the transaction, coordinating with intermediaries, and ensuring IRS compliance.

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5. What issues should I watch for in a real estate development project?
Development projects involve zoning, permitting, environmental regulations, construction contracts, title issues, and financing. We help clients navigate these complexities and mitigate risk through strategic planning and contract review.

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6. How do you help with real estate joint ventures or syndications?
We draft joint venture agreements, investment documents, and operating agreements for real estate syndications. Our focus is on protecting investor interests and clearly defining profit sharing, governance, and exit strategies.

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Technology Law Questions:

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1.  What kinds of technology contracts can you help me with?
We draft and negotiate a wide range of technology agreements, including SaaS, licensing, development, reseller, service-level, and other XaaS contracts. We work closely with clients to ensure their contracts protect their IP and support scalable growth.

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2.  What is a SaaS agreement and why is it important?
A Software-as-a-Service (SaaS) agreement governs the subscription-based use of software hosted in the cloud. It outlines licensing rights, data use, service levels, uptime commitments, and limitations of liability. A strong SaaS agreement protects your IP and defines customer expectations.

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3. What’s the difference between a licensing agreement and a service agreement?
A licensing agreement grants rights to use software or other IP, often with restrictions on copying, resale, or reverse engineering. A service agreement governs the delivery of services—like support, development, or implementation—often without transferring IP rights.

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4.  Why do we need service level agreements (SLAs)?
SLAs set clear expectations around performance standards, uptime, response times, and remedies if service levels are not met. They help reduce disputes and align expectations between vendors and customers.

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5. How can I protect my company when entering into a technology reseller or channel partner agreement?
Key terms to negotiate include territory, exclusivity, pricing, branding, termination rights, and liability protections. We help ensure your distribution relationships support scalable growth while protecting your IP and reputation.

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6.  What legal terms should be included in a technology development agreement?
These agreements should cover deliverables, milestones, IP ownership, confidentiality, warranties, indemnities, and dispute resolution. We ensure that your business retains ownership or proper licenses to the technology created.

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7.  Can you help us with international technology contracts?
Yes. We help clients structure cross-border SaaS, licensing, and vendor agreements that account for international tax, data privacy, jurisdiction, and enforcement considerations.

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8.  What’s the best way to limit our liability in tech contracts?
Limiting liability can involve capping damages, excluding indirect or consequential damages, and using indemnity provisions. We tailor these protections based on your risk profile and industry standards.

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9.  What is an indemnity provision and why is it important?
An indemnity provision is a clause in a contract where one party agrees to compensate the other for certain losses or damages. These clauses help allocate risk—especially in tech contracts involving third-party claims, data breaches, or IP infringement—and should be carefully drafted to reflect the parties’ responsibilities and exposure.

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10.  Can you assist with data privacy and cybersecurity compliance?

Yes. We help businesses comply with U.S. and global data privacy laws such as CCPA, GDPR, and HIPAA. Our team advises on data governance, privacy policies, breach response, vendor contracts, and regulatory obligations.

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Intellectual Property (IP) Law Questions:

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1.  Can Fulton Jeang lawyers help with my IP issues? 

Absolutely. Our nationally recognized (Chambers USA) intellectual property team includes experienced patent, trademark, and copyright lawyers who can handle application, prosecution, portfolio management, and enforcement/litigation. Our patent lawyers have bachelor's, master's, and doctorate degrees in engineering and sciences that enable them to understand and work with a wide range of inventions. Some of our patent lawyers also have industry experience that further enhances their depth of knowledge. We regularly help clients in tech, healthcare, consumer products, academia, oil & gas, and other innovation-driven sectors.

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2.  I think I came up with something new and I want to protect it. Can you help?

Yes, of course! An integral part of what we do is to help you assess what type of intellectual property you have and what are the best ways to protect it. Some IP can be protected using a combination of tools in our tool box, each safeguarding one particular aspect of the IP. Let us help you strategize and get a handle on what you have.

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3.  If I have an invention, how can I protect it?

File a patent application as soon as possible—often starting with a provisional application to secure an early filing date. Provisional patent applications must be followed up with a non-provisional patent application filed within one year of the provisional application filing date. Use NDAs when disclosing the invention to anyone, and keep detailed records of development. Our patent team can guide you through strategy, searches, and filing to maximize protection.

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4.  I told my neighbor about my invention, is it too late to patent my idea?

In the U.S., you have a 12-month grace period to file a patent application after you have made a public disclosure, public use, or offer for sale of your invention. If you are still within the one-year time period, you may file either a provisional patent application or non-provisional patent application.

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5.  What is the purpose of a provisional patent application?
Filing a provisional patent application allows you to secure an early filing date while giving you up to 12 months to further develop your invention or prepare a full nonprovisional application. Because it costs less to prepare and file, it’s a cost-effective way to protect your idea quickly while preserving your ability to seek full patent rights later. However, you must follow up with a non-provisional patent application filing within one year of the provisional application filing date to get your idea in queue for examination at the USPTO. The provisional application is also limited in that it only gives you priority rights to what is described in its content, which is usually not comprehensive and typically leaves out many details.

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6.  I have been asked to sign an NDA, can you help?

An NDA (Non-Disclosure Agreement) is a legal contract that protects confidential information shared between parties. It’s commonly used when businesses discuss sensitive topics like potential partnerships, inventions, product development, or financials. NDAs help prevent the unauthorized use or disclosure of that information. We can definitely help you review the NDA to make sure that it has the appropriate provisions and is not overly expansive in its requirements. In some circumstances, the NDA should include a provision that allocates the ownership of Jointly developed IP between the parties.

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7.  How can I protect my brand name or logo?

A company's brand and logo are one of its most important assets. Although you can have common law rights to an unregistered trademark, you should seriously consider protecting your brand name, logo, or slogan by registering a trademark with the United States Patent and Trademark Office (USPTO). We assist with trademark searches, filings, and enforcement to ensure your brand is legally protected. We also help you guard against inadvertent trademark infringement of another company's trademark.

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8.  Can you help me with the Amazon Brand Registry program?

For sellers who offer their items on Amazon, they should also register their federally registered trademarks with Amazon through this program. This Amazon program offers proactive removal of counterfeit or unauthorized listings using machine learning, and it is reported that Amazon is able to resolve approx. 95% of infringement reports within hours. Listings that are associated with Amazon-registered brands also enjoy a number of other perks that enhance the marketing, advertising, and market analytics. We can help you with this process.

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9.  What does copyright protect?
Copyright protects original works of authorship such as literature, photographs, paintings, music, lyrics, software code, website content, user interfaces, and documentation. It grants the creator exclusive rights to use, reproduce, and license the work. We can help the author/creator with applying for copyright registration to properly protect and avoid infringing on others’ rights.

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10.  Can you help protect our company’s trade secrets?
Yes. We help clients safeguard proprietary information through NDAs, confidentiality provisions, internal policies, and litigation support when misappropriation occurs. Trade secrets must be protected by preventing access by unauthorized personnel. That means they must be kept behind either physical or digital lock and key to keep them out of the hands of people who are not intended to know them.

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11.  What’s the best way to protect our software or technology?
Depending on your product, we may recommend a combination of patent, copyright, and trade secret protection, along with robust licensing or SaaS agreements. There is no one-size-fits-all solution, and our team can evaluate and implement the best strategy for your situation.

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Commercial & Business Litigation Questions:

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1.  What types of disputes does your firm handle?
We handle a broad range of business disputes, including breach of contract, business torts, partnership disputes, trade secret misappropriation, and intellectual property litigation.

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2.  When should I consider litigation instead of settlement?
While we strive to resolve disputes through negotiation or alternative dispute resolution, litigation may be necessary when the other party is unreasonable, the stakes are high, or a legal precedent is needed. We assess the cost-benefit and advise you on the most strategic path forward.

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3.  What is the difference between mediation, arbitration, and litigation?
Mediation is a voluntary settlement process with a neutral facilitator. Arbitration is a private process where a neutral third party makes a binding decision. Litigation involves a formal court process and may be public. We guide clients in choosing the most effective resolution method.

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4.  How can I prepare for a commercial lawsuit?
Key steps include preserving documents and communications, avoiding public commentary, and contacting legal counsel early. We help clients assess their position, prepare strong pleadings, and gather evidence to support their claims or defenses.

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5.  What is the typical timeline for commercial litigation?
Timelines vary, but most cases proceed through pleading, discovery, motion practice, and trial phases, which can take 12 to 24 months. We aim to move efficiently while preserving your legal rights.

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6.  Can your firm handle litigation in both state and federal court?
Yes. Our litigation team has experience in both Texas state courts and federal courts, and we represent clients at trial, on appeal, and in pre-suit negotiations.

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Intellectual Property Litigation Questions:

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1.  What types of IP disputes do you handle?

We handle patent, trademark, copyright, and trade secret litigation. This includes enforcing IP rights, defending against infringement claims, and resolving ownership or licensing disputes.

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2.  How do I know if someone is infringing my IP rights?
Common signs include the use of your brand name, logo, copyrighted content, or patented invention without permission. We can conduct an infringement analysis and advise you on a cease-and-desist letter or potential litigation.

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3.  What are the risks of being accused of IP infringement?
You may face injunctions, money damages, attorney’s fees, or forced rebranding. Before a new product is launched, it may be prudent to ask an IP lawyer to conduct some due diligence. Early legal review and defense strategy are critical to mitigate your exposure.

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4.  Can IP disputes be resolved without going to court?
Yes. Many IP disputes are settled through negotiation or mediation. We often help clients resolve matters quickly and confidentially without the need for full litigation.

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5.  What remedies are available in IP litigation?
Remedies may include monetary damages, injunctive relief (stopping the infringement), destruction of infringing goods, and recovery of legal fees. In some cases, statutory damages and enhanced damages are also available.

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6.  Do you represent both plaintiffs and defendants in IP litigation?
Yes. We represent IP owners seeking to enforce their rights, as well as businesses and individuals defending against infringement claims. Our balanced experience gives us insight into effective strategies on both sides

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Employment Law Questions:

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1.  What types of employment law matters do you handle?
We advise employers on hiring practices, employment contracts, employee handbooks and policies, wage and hour compliance, non-compete and confidentiality agreements, employee discipline and termination, and workplace investigations.

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2.  Can you help us draft or review employment agreements?
Yes. We draft, negotiate, and review executive employment contracts, offer letters, independent contractor agreements, and restrictive covenants (such as a non-compete) to ensure they are enforceable and compliant with Texas law.

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3.  What are the legal risks of classifying workers as independent contractors?
Misclassifying employees as independent contractors can result in significant penalties, back pay, and tax liabilities. We help clients assess worker roles and implement contracts and policies to minimize misclassification risks.

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4.  Do you provide training for employers?
Yes. We offer customized training on workplace harassment, management best practices, legal compliance, and HR procedures to help minimize the risk of litigation and foster a compliant workplace culture.

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5.  What should I do if an employee threatens to sue?
Document the concerns, avoid retaliation, and contact legal counsel immediately. We help employers respond strategically, assess potential exposure, and resolve disputes through negotiation or defense.

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6.  Can you help with non-compete and non-solicitation agreements?
Yes. We draft and enforce agreements that include restrictive covenants that are tailored to your business interests. Care must be taken to make sure they are not overly broad or restrictive so that they are enforceable under Texas law. 

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Estate Planning Questions:

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1.   What is the difference between a will and a trust?
A will is a legal document that directs the distribution of your assets after death and appoints guardians for minor children. A trust is a legal entity that holds assets during your lifetime and can manage and distribute them both during life (if you become incapacitated) and after death, often avoiding probate.

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2.  Do I need a will if I already have a trust?
Yes. A “pour‑over” will captures any assets not titled in the trust’s name and directs them into the trust upon death, ensuring a complete estate plan.

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3.  How often should I update my estate plan?
You should review your estate plan every five years or after major life events such as marriage, divorce, birth of a child, significant asset changes, or relocation to a new state.

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4.  What is a power of attorney and why is it important?
A power of attorney authorizes a trusted person to handle your financial or medical decisions if you become unable to do so. Without one, loved ones may need court approval to act on your behalf.

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5.  Can you help minimize estate and gift taxes?
Yes. We use strategies such as lifetime gifting, irrevocable trusts, and charitable planning to reduce potential federal estate taxes and align with your wealth‑transfer goals.

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6.  What happens if I die without a will in Texas?

Having a valid will in Texas is one of the most effective ways to ensure that your assets are distributed according to your wishes and that your loved ones are protected. Without a will, your estate will be subject to Texas intestacy laws, which dictate who inherits your property—regardless of your preferences or family dynamics. This can result in unintended heirs, delays, higher costs, and potential conflict among family members.

A properly drafted will allows you to:

• Choose your beneficiaries rather than let the state decide.

• Name a guardian for minor children.

• Designate an executor to manage your estate.

• Simplify the probate process, especially if paired with other estate planning tools.

Texas offers some streamlined probate options, but only if your will is clear, legally valid, and properly executed. Taking the time to plan ahead gives you peace of mind and eases the burden on your loved ones.

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Don't see your question here? Email us at info@fultonjeang.com and give us a chance to answer your question!

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Disclaimer of Liability

The information provided on this FAQ page is for general informational purposes only and should not be construed as legal advice on any subject matter. Receipt of, or reliance on, this material does not create an attorney–client relationship with Fulton Jeang PLLC or any of its lawyers. Because legal matters depend on individual circumstances, readers should consult qualified counsel regarding their specific situation rather than rely on the content of this page. Fulton Jeang PLLC expressly disclaims all liability with respect to actions taken or not taken based on any or all of the information contained herein.

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