Commercial litigation insights on strategy, dispute posture, enforcement options, and recovery planning.
Every business contract with a dispute resolution clause forces a choice: arbitration or litigation. That choice, made at the drafting stage when no dispute exists, determines how the dispute will be resolved years later when the stakes are real.
Read MoreBreach of contract is the most common business dispute in Texas courts. Every vendor disagreement, every failed partnership, every unpaid invoice, and every undelivered service starts with the same question: did someone fail to do what the contract required?
Read MoreA fiduciary duty is the highest obligation the law imposes on one person's conduct toward another. When a partner, corporate officer, LLC manager, or director owes fiduciary duties and violates them, the remedies go beyond what contract law provides.
Read MoreA breach of contract means someone didn't do what the agreement required. Fraud means someone lied to get the agreement signed in the first place. Both can produce financial harm, but the legal claims, the burdens of proof, the available defenses, and the recoverable damages are different.
Read MoreProving liability is only half of a business lawsuit. Proving damages is the other half, and in many cases it's the harder half. A plaintiff who proves breach of contract, fraud, or fiduciary duty but can't prove damages with sufficient certainty recovers nothing (or next to nothing).
Read MoreWhen business co-owners can't agree, the business can't function. A 50/50 LLC where the two members disagree on every decision is paralyzed. A closely held corporation where the majority shareholder diverts profits to personal compensation while the minority receives nothing is oppressive.
Read MoreSome business disputes can't wait for trial. A departing employee who's downloading your customer database while packing their desk. A former partner who's soliciting your clients in violation of a noncompete. A vendor who's about to liquidate assets that secure your receivable.
Read MoreA breach of contract claim provides the prevailing party expectation damages and attorney's fees under CPRC Chapter 38. A common law fraud claim adds exemplary damages but doesn't guarantee attorney's fees. A claim under the Texas Deceptive Trade Practices-Consumer Protection Act (Texas Business and Commerce Code Chapter 17) can produce treble damages and mandatory attorney's fees, which is why the DTPA is the most powerful litigation tool available to plaintiffs in Texas commercial disputes and the most feared by defendants.
Read MoreTexas encourages vigorous competition. Offering a better price, a superior product, or a more attractive deal to win a customer away from a competitor is lawful, even if the competitor loses revenue as a result. But when a third party goes beyond competition and intentionally disrupts an existing contract or prevents a prospective business relationship from forming through wrongful conduct, the injured party has a cause of action for tortious interference.
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