Insights

Commercial Litigation

Commercial litigation insights on strategy, dispute posture, enforcement options, and recovery planning.

Arbitration or Litigation for Texas Business Disputes

A forum clause in a business contract governs more than the address of the hearing. It can determine who resolves the dispute, how the parties obtain evidence, whether related claims can proceed together, how much of the record becomes public, and how a losing party can challenge the result.

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Breach of Contract in Texas From Notice Through Damages

Texas breach cases often turn on notice, materiality, accrual, and proof of damages. The contract and the records created during performance usually control the result.

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Breach of Fiduciary Duty: When Partners, Officers, or Managers Violate Their Obligations

A 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.

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Business Fraud and Misrepresentation in Texas: When a Deal Goes Beyond Breach of Contract

A 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.

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Calculating Damages in Texas Business Disputes

Proving liability doesn't establish the amount of a Texas business judgment. Recovery also requires a legally available measure of damages, evidence connecting the loss to the defendant's conduct, and a calculation grounded in facts rather than assumption.

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Partnership and Ownership Disputes: Deadlock, Buyouts, and Dissolution Under Texas Law

When 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.

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Temporary Restraining Orders and Injunctions: When Your Business Needs the Court to Act Before Trial

Some 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.

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The Texas Deceptive Trade Practices Act for Businesses and Consumers

Texas businesses can encounter the Deceptive Trade Practices Consumer Protection Act on either side of a dispute. A qualifying consumer may recover economic damages, mandatory attorney's fees after prevailing, and additional damages for knowing or intentional conduct.

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Tortious Interference in Texas: When a Competitor or Third Party Disrupts Your Business

Texas 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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