The anti-trust law is a combination of laws governed by both state and federal statutes prohibiting business practices giving an unfair advantage or a monopoly in the market arena.  The anti-trust laws assist in protecting consumers from being forced to pay inflated prices for products, and/or services.

The list below describes some anti-trust violations:

• Monopolies – a monopoly occurs only when one business has an unfair advantage over another business in that one business is offering a potential customer certain perks for doing business exclusively with them, thereby excluding any competitor from participating in a contractual agreement.  There are exceptions if there is a “natural monopoly.”  A “natural monopoly” occurs when a product or service is so unique that they are the only ones established in that particular line of business, therefore, no other business is competing with them.
• Horizontal arrangements with competitors – whereby competitors in a business, or service, attempt to monopolize the market arena, and are intentionally attempting to prevent other businesses from competing in any business agreements.
• Group boycott – group boycotts prohibit freedom of trade and are considered illegal.
• Joint ventures – are only considered illegal and in violation of anti-trust laws when they exclude other like businesses from participating; especially when the joint venture outnumbers the businesses that have been excluded.
• Market division – is an antitrust violation when an attempt is made to eliminate or restrain business competition.
• Price fixing – price fixing occurs when business competitors agree to establish a specific and uniform price, or pricing within a certain range, leaving consumers with fewer options.
• Tying – is only considered a violation when three factors are met and include requiring the purchase of a service or product in order to obtain another service or product, restriction of interstate commerce, and a business having the financial means to restrict the tied product from being sold by other businesses.

Contact Shaw Cowart lawyers in Austin, TX today to discuss how our team of anti-trust lawyers can assist your business, large or small in preventing anti-trust violations.

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There are numerous birth injuries that count as medical malpractice. They are not simply limited to lack of oxygen that causes muscular dystrophy, which is one leading cause for filing a medical malpractice lawsuit.

Our medical malpractice lawyers at Shaw Cowart in Austin, TX are well educated in all areas of birth injuries and the ability to successfully present their investigative results to a court and jury to ensure a successful financial outcome for our clients who have children suffering from these life-changing injuries.

When a birth injury occurs, it not only affects the injured child and changes their lives forever, but it also affects and changes the lives of the parents and siblings of the injured child forever.

Types of Birth Injuries

The list below includes the types of birth injuries Shaw Cowart’s team of medical malpractice lawyers in Austin, TX have successfully represented. These birth injuries are often caused by inadequate or improper fetal monitoring during the labor process:

• Erb’s Palsy
• Brain damage caused by bleeding on the brain
• Acidosis
• Extended labor in the second stage
• Infections
• Intubation mistakes
• Epidural mistakes
• Lack of blood pressure support
• Unidentified jaundice

Medical Malpractice Representation in Austin, TX

It is tragic to think about human errors that are preventable creating devastating circumstances upon an individual and their family.  Our team of medical malpractice lawyers at Shaw Cowart in Austin, TX is well-known for their ethical and compassionate representation of the facts in birth injury cases involving medical malpractice.

Contact Shaw Cowart today to learn more about what birth injuries count as medical malpractice.

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Hundreds of consumers pay their insurance premiums faithfully every month and rightfully assume should they need their insurance, the insurance company will pay as it should. Unfortunately, too many insurance companies limit the amount they pay or deny claims that should be paid without any legal reason. These unethical, bad faith practices violate the insured’s rights and are illegal. An insurance company must honor and fulfill their part of paying for problems that arise for their clients that are in good-standing with their company.

Bad Faith Lawyers’ Insight

A bad faith claim is a complex legal matter that will require a tenacious and expert lawyer to help prove that the insurance company acted intentionally to deny or underpay your claim. The Austin lawyers at Shaw Cowart understand the tactics and deceptive practices that insurance companies use to increase their profit, and we can help you receive the benefits you are owed. Don’t fight your insurance company alone; enlist the bad faith lawyers at Shaw Cowart.

What Constitutes Bad Faith

Insurance companies have certain basic rules that must be followed to avoid bad faith claims. If you have been the victim of any of the following, you may have a valid claim against your insurance company:

• Intentional undervaluation of a claim
• Delay in benefit payments
• Denial of a valid claim

Insurance companies often employ their own lawyers who are extremely knowledgeable on how to overcome bad faith claims. If you attempt to fight your insurance company alone, you will most likely realize you are at a severe disadvantage.

Bad Faith Representation

Facing a problem, such as a car accident, that should be covered by insurance is stressful enough. Facing a lack of insurance coverage that you have paid for adds to the stress of the situation. The bad faith lawyers at Shaw Cowart in Austin will help you prove your case and help you recover the damages you are owed. Don’t fight your insurance company alone. Contact us today to see how we can help.

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When business partners face differences that put their business at risk, it is imperative to seek a resolution quickly. Business disputes are very common in partnerships and can sometimes be settled without seeking legal counsel. However, when the issues in question are complex and an agreement is not reached easily, it is time to call a lawyer.

The partnership dispute lawyers in Austin, TX at Shaw Cowart recognize how critical it is to your partnership to resolve your problems in a quick and effective manner. We can represent one party to expedite the process or we can mediate on behalf of each partner to derive a solution and allow you to get back to your business. Our goal is to always reach a successful solution to allow you and your business to move forward.

Benefits of a Skilled Negotiator and Trial Lawyer for Business Disputes

No matter how big or small your business is, no one wants a successful company to end over a dispute. While every attempt will be made to reach a settlement out of court, our partnership dispute attorneys have the expertise you will want to represent you if the case should need to go to court. If your partner recognizes the cost of going to court, it may make him or her more willing to work on an amicable agreement prior to going the distance to save time, money and your company.

Call a Lawyer to Settle Your Business Partnership Dispute in Austin, TX

The expert business negotiations and litigation lawyers at Shaw Cowart take great pride in helping partnerships throughout Austin, TX in resolving their disputes to allow for the best possible outcome, both personally and professionally. Do not wait until it is too late to call a lawyer. Our firm can settle disputes the even seem impossible. The stress of business disputes can take a toll on you physically and mentally. Allow our firm to help. Contact us today!

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Hip replacement surgery requires an intense and extensive recovery period. Facing an additional surgery due to a recall of your replacement can seem unbearable. Unfortunately, patients throughout Austin, TX and across the United States are facing problems with the DePuy ASR XL hip replacement implant. Implants from Zimmer and Stryker have also been recalled due to defects.

5 Steps to Take if Your Hip Replacement has Been Recalled

1. Check your medical records to see if your hip implant has been recalled. The three main recalled replacements include the DePuy ASR XL, the Zimmer Durom Cup and the Stryker Trident.
2. Assess your symptoms. Pain, swelling, grinding, walking problems, instability, slipping of the implant and other symptoms may indicate your need for an additional surgery. Do not wait for symptoms to worsen; you do not want to run the risk of a serious infection.
3. Even if you do not have one of the recalled hip replacements, you should seek the counsel of your doctor if you have any problems with your hip replacement.
4. Maintain a file with detailed records of your symptoms, doctors’ visits and doctors’ reports.
5. Seek competent and reputable legal counsel from Shaw Cowart in Austin, TX.

Defective Products Representation

It is imperative to have legal representation from a defective products attorney in order to successfully recover the damages you are owed from the additional surgeries needed and all other complications suffered due to the defective hip replacements. The lawyers at Shaw Cowart in Austin, TX make it a priority to stay informed of all updates related to the recalled hip replacements. Contact our office today to schedule your free consultation.

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The nature of construction sites is dangerous and always presents risks to construction workers and pedestrians. Even the most minor mistake can result in severe personal injuries. Small mistakes that create falling debris are often the cause of major injuries. We have to ask: are hard hats enough to keep construction workers safe?

Common Mistakes that Cause Injury to Construction Workers

Some of the most common oversights, missteps, or mistakes at construction sites that lead to personal injuries include:

• Insufficient barricades – pedestrians should be prevented from entering a construction site zone to protect them from personal injuries. Individuals who are close enough to the site to be a victim of falling debris should wear hard hats for protection.
• Insufficient signage and warnings – when construction is taking place in a public area, it is imperative that proper warning signs are in place. Instructions requiring hard hats should be clearly posted at all entrances to the construction site if falling debris is a hazard.
• Failure to inspect equipment – if hooks, cords and equipment are not inspected and properly maintained, then debris and heavy objects can fall when the equipment fails. Flawed equipment should be replaced immediately. Hard hats are not adequate to protect from heavy objects, but lighter debris should not be a problem if hard hats are worn.
• Forgetting to secure tools – many injuries are a result of falling tools. Tools have to be moved often at construction sites and they are subject to fall when left unsecured.

Personal Injury Representation from a PA Lawyer

Construction workers and pedestrians may be eligible to file an Austin personal injury claim if the injuries are incurred from falling debris. Hard hats may not offer enough protection. If you need to file a personal injury claim or a workers compensation claim, you need to enlist the representation of a TX lawyer from Shaw Cowart, LLP. Contact our firm today for a free consultation.

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Land and property owners throughout Austin, throughout Texas, and throughout the United States often wonder what rights they have to what lies beneath the surface of their land. For property owners who only own the surface to their land, the answer is that they really do not have any rights to the oil and gas on their land. So, if you own land, how do you know if you own the oil and gas rights?

Austin Title Specialists

The best way to determine if you own the oil and gas, or mineral, rights to your land is to seek a title opinion from a qualified attorney. At Shaw Cowart, our lawyers can help you determine if you own the oil and gas rights to your land, and we can handle all litigation that may result from an oil and gas rights’ dispute.

Most property and land owners recognize that obtaining a title opinion can be costly and lengthy. Large oil and gas companies will conduct the necessary title searches at some point, either before or after offering a lease for the oil and gas that may be on your land; therefore, most individual property owners will leave the title work up to the oil and gas companies.

Important Information for Oil and Gas Rights

Land owners must be aware of their rights to avoid losing money they are owed. Information to help you understand what your rights are to the oil and gas on your land includes:

• Understand that deed language does not always state whether or not you have oil and gas rights to your property.
• Title searches that are completed at the time you purchase the property do not usually include oil and gas rights. Typical title insurance and attorney title certificates do not include oil and gas rights.
• Severance from surface rights may have been made many years prior to you obtaining the land. The first separation of surface rights from oil and gas rights occurred in 1859, and standard residential and commercial real estate abstract search periods are for much shorter time frames.

Austin Litigation Experts for Oil and Gas Rights

Prior to signing a lease, meet with an Austin oil and gas expert attorney at Shaw Cowart. In addition, if you have reason to believe you may not own the oil and gas rights to your property, you can enlist our help in acquiring those rights to prevent someone else from purchasing the rights. Our attorneys will help you with all of your property rights and can handle all litigation that may result from disputes in this important manner. Call today for a free consultation.

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After suffering an injury on-the-job, it is imperative for you to follow the proper steps to file a worksite accident case. You will eliminate any problems you may face with your employer’s insurance, and you will protect your rights if issues do occur.

Steps to file a worksite accident case include:

1. Immediately report your injury or illness to your supervisor. Although you have 120 days to inform your employer, it will be to your benefit to inform the proper person as soon as it is feasible.
2. Seek treatment from an approved worksite accident doctor. If your employer has a workers compensation physician or list of approved physicians, you must be treated by that doctor for the first 90 days.
3. Your supervisor or employer should file an injury or illness report with their insurance company and with the Workers’ Compensation Bureau.
4. You will receive an acceptance or denial of insurance coverage within 21 days. If you are denied, you have the right to appeal the ruling.
5. Your employer must accept or deny responsibility for your injury or illness that occurred at your worksite. If your employer denies responsibility, you must file a petition to seek approval.

Shaw Cowart Representation for Worksite Accident Cases

If your employer or their insurance denies your benefits for a worksite accident case, you will need to seek the representation of an expert workers comp lawyer at Shaw Cowart in Austin, TX. We will create the accident case you need to be paid the compensation you deserve. Insurance companies want to protect their finances; you need to protect your interests. Call our firm today for a free consultation.

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If you have worked diligently and tirelessly to invent a new product or concept, you need to obtain a patent to protect yourself and your invention from others who may try to steal or copy your creation. A patent lawyer at Shaw Cowart in Austin, Texas can guide you in the process and ensure you receive the protection you need.

The International Patent Classification (IPC) system is administered by the World Intellectual Property Organization (WIPO). From the years 2000 to 2010, over one-million patents were obtained around the world. The IPC protects patent holders by ensuring that other patents are not granted that are duplicates.

Criteria for Patent Application

• First determine if your invention is unique by searching the available database to see if your invention has already been patented. If it has not, you should start the patent process as quickly as possible. If a patent has already been granted to someone, you will not be able to obtain a patent.
• Identify if your market is national or global. Seek the advice of a patent attorney at Shaw Cowart to help you with this process to ensure you obtain the right type of patent.
• Make the decision of which type of application, provisional or non-provisional, before you begin the process. A provisional patent includes “patent pending” wording and can be processed in a faster manner. A non-provisional patent is much more detailed, but offers a greater level of protection.
• You may be allowed to have accelerated examination to receive a patented status within one year of filing. The criteria for accelerated examination include:
  • Payment of all fees
  • Completed comprehensive application form
  • Able to conduct an interview with examiners
  • Confirmed research there are no patents already in existence

Help with the Patent Application Steps

Contact the Austin, Texas law firm of Shaw Cowart to ensure you follow all the proper steps in filing for your patent. Call today for a free consultation to protect your rights and your invention.

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One of the most critical steps in medical care is diagnosing a patient accurately and quickly. A failure to diagnose can have tragic consequences for the patient and the patient’s family. Misdiagnosing can also lead to disastrous effects for the patient. Each and every healthcare professional is legally bound to perform his or her duty to specified level of medical standards. Often, because a doctor or nurse or other medical professional is in a hurry or is distracted, symptoms will be missed or a simple mistake will occur that leads to a failure to diagnose. These judgment errors can result in liability on behalf of the healthcare provider. A medical malpractice suit may be required to recover damages and hold the party responsible in an effort to prevent future occurrences from hurting other patients.

What Constitutes Medical Malpractice for Failure to Diagnose in Texas

Medical malpractice can be a result of a physician or healthcare provider not recognizing a condition or symptom that caused a failure to diagnose. This type of breach of duty can result in the hospital, medical clinic or medical staff being held responsible for all damages incurred. Economic and/or medical damages must occur from the failure to diagnose for the claim to lead to medical malpractice.

An outside, or third party, medical professional will be enlisted to investigate your case and determine if a failure to diagnose due to negligence on the part of the doctor or other staff lead to, or contributed to your injury, illness or damages.

Consultation with a Texas Medical Malpractice Claims Attorney

If you feel you or a loved one has suffered from a failure to diagnose, you need to consult with a Texas medical malpractice attorney at Shaw Cowart as soon as feasible. Our experts can help you determine if your case carries the required legal merit to result in a valid claim. Statute of limitations in Texas, in most cases, gives medical malpractice victims two years to file a claim. The sooner you contact our attorneys, the sooner we can start building your case and enlisting the help of expert witnesses.

Call our firm today for a free consultation.

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