As we begin 2025, small businesses will face a number of challenges that could impact success.  Most of those are due to rising costs from inflation, potential tariffs, and other drivers.  Others arise from the difficulty of putting your best face forward to increase sales and market share.  And yet others will arise from workplace issues including employee expectations, on the job injuries, and the challenges of managing employee performance.

Today, the Court of Appeals issued an opinion holding that the trial court erred in its ruling, that the lease was not ambiguous, and that the word “track” included all rail track on the leased premises including switch track as KCS contended during trial. The Court of Appeals ordered that the case be sent back to the trial court to award the KCS damages equal to the difference between the amount of rent due and the amount paid by Sasol, that being approximately $9.6 million plus interest.

Last year I wrote about the new FinCEN reporting requirement that would go into effect in 2024. Now, companies are required to report information pertaining to the individuals who own or control them, both actual owners and beneficial owners. There are exemptions, but those are primarily for companies that already report financial and other information such as banks, securities brokers and dealers, insurance companies, and certain large operating companies. The reporting requirement applies to corporations, LLCs, and other business entities.

Effective September 1, 2024, Texas will have a new court system for resolving certain business disputes.  The goal of the enabling legislation is to have specialized trial and appellate courts to determine large and complex business disputes with the hope of expediting proceedings, have the disputes resolved by judges with expertise, and deliver more predictable outcomes for businesses.