Services

Dispute Resolution

A dispute is a business decision.
We treat it like one.

A business dispute is a business decision before it's a legal one, and the question is rarely whether you can sue but whether the recovery justifies the cost. Hank has litigated more than 600 matters over 29 years, for companies enforcing contracts, defending claims, and recovering money they're owed, so you get counsel who can assess early what a case is worth and whether to fight it.

Hank handles contract and partnership disputes, business torts, noncompete and trade-secret claims, real estate and construction disputes, intellectual property litigation, and commercial collections. He handles each case from the first demand letter through pleadings, discovery, hearings, trial or arbitration, and appeal, and evaluates settlement at every stage where resolution may cost less than continued litigation.

Whether a dispute ends up in court or in arbitration depends on what the contract requires. When an arbitration clause governs, the dispute goes to a private arbitrator under the rules the parties agreed to. Everything else goes to court, where Hank pursues injunctions, temporary restraining orders, and other emergency relief to prevent harm while the case proceeds. He tries cases and argues appeals, but most resolve before a verdict, because the demonstrated willingness to go to trial is what produces a settlement worth accepting.

A judgment is only worth what you collect. Hank continues after the verdict with post-judgment recovery, converting a paper win into money through abstracts of judgment, writs of execution, garnishment, and turnover proceedings. Across industries from energy and software to construction and entertainment, every engagement works toward the same result, a dispute resolved on terms you can accept and a recovery you can deposit.

Services Include

  • Litigation and arbitration
  • Business litigation
  • Construction litigation
  • Commercial collections
  • IP litigation
  • Post-judgment collections
  • Settlement strategy
  • Injunctions and enforcement

Dispute Resolution Insights

Commercial Litigation

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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Business Fraud and Misrepresentation in Texas

A failed business deal can support a contract claim, a fraud claim, or both. The classification turns on the source of the duty, the statements or omissions at issue, the evidence of intent, and the loss the conduct caused.

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Breach of Fiduciary Duty in Texas Business Disputes

A breach of fiduciary duty claim begins with the relationship. Texas law imposes duties in defined roles, while ownership status or confidence between business associates may prove insufficient.

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Tortious Interference in Texas Business Disputes

Texas law protects contract rights while leaving room for lawful competition. Tortious interference claims turn on the right involved, the defendant's intent, causation, and the type of business relationship.

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Temporary Restraining Orders and Injunctions in Texas Business Disputes

Texas courts can restrain conduct before trial when evidence shows a probable right to recover and a probable, imminent, and irreparable injury.

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Texas Partnership and Ownership Disputes

An ownership dispute can interrupt voting, distributions, access to records, customer relationships, and ordinary business operations. The legal response depends on the entity type, the governing documents, the source of the claimed injury, and the relief the law authorizes.

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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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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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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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Commercial Collections

Collection Demand Letters for Texas Business Debts

A collection demand letter should establish the debt, preserve the creditor's remedies, and give the debtor a credible reason to respond. An inflated balance, unsupported threat, or missed notice provision can damage a valid claim.

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Texas Sworn Account Claims Under Rule 185

Texas Rule of Civil Procedure 185 can reduce the proof required to collect a qualifying commercial account. A timely written denial under oath removes that evidentiary advantage and requires the creditor to prove its contract claim.

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Texas Prejudgment Attachment, Garnishment, and Sequestration

Texas attachment, garnishment, and sequestration secure different property before judgment. Each requires a statutory ground, sworn evidence, a court order, and a bond.

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Texas Collection Settlements and Structured Payment Agreements

When you settle a business debt, you exchange litigation and collection risk for the debtor's promise to perform. The documents determine whether you received certainty.

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Collecting a Defaulted Promissory Note in Texas

A missed payment doesn't establish the amount a creditor can collect or the procedure required to collect it. You must determine who can enforce the note, what became due, which notices your loan documents require, and which limitations period governs.

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Defending a Texas Business Collection Lawsuit

When a creditor sues your business, you face two separate questions. You must determine what the creditor can prove, and you must protect the company from a default judgment while you investigate the claim.

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Construction

Texas Mechanic's and Materialman's Liens for Private Construction Payment Disputes

Payment disputes on Texas private construction projects turn on a calendar built from the governing contracts and the work records. A claimant can have a valid invoice and lose the lien remedy by missing a notice, filing, delivery, or foreclosure deadline.

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Payment Bond Claims on Texas Public Projects

A payment bond is the payment remedy on a Texas public construction project because a mechanic's lien doesn't attach to public property. Chapter 2253 protects covered claimants only when the notices, sworn statement, mailing proof, and suit deadline line up with the statute.

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Texas Construction Contracts Before Work Begins

A construction contract sets the price, defines the work, and assigns the financial consequences of delay, design changes, defective work, injury claims, and early termination. Those terms often appear across the agreement, general conditions, supplementary conditions, drawings, specifications, addenda, exhibits, and documents incorporated by reference.

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Pay-When-Paid and Pay-If-Paid Clauses in Texas Construction Contracts

Owner nonpayment can mean payment timing or a full transfer of risk. Texas courts and Chapter 56 treat those clauses differently.

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Texas Construction Retainage Release Rules

Retainage turns the last piece of the job into payment pressure. Texas law separates private reserved funds, contractual retainage, public project caps, and release deadlines.

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Texas Construction Prompt Payment Deadlines and Remedies

Texas uses different prompt payment statutes for private and public construction. [Texas Property Code Chapter 28](https://statutes.capitol.texas.gov/Docs/PR/htm/PR.28.htm) governs payment for improvements to privately owned real property. [Texas Government Code Chapter 2251](https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2251.htm) governs qualifying payments by state agencies, local governments, and other governmental entities.

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Construction Trust Fund Claims Under Texas Property Code Chapter 162

Texas construction trust funds belong to the people whose labor and materials generated the payment, and control of those funds can create personal civil liability and criminal exposure.

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Texas Construction Defect Claims Under the RCLA

A construction defect claim starts with the building, but it rarely ends there. A cracked slab, a leaking window system, or a failed balcony detail quickly becomes a calendar problem.

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Texas Constitutional and Statutory Construction Liens

Texas provides two distinct mechanic's liens on private projects. The constitutional and statutory liens can secure the same unpaid work, but they differ in claimants, procedures, property coverage, and priority consequences.

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IP Litigation

Unfair Competition Under the Lanham Act and Texas Law

Section 43(a) provides separate federal causes of action for false association and false advertising. Texas law supplements those claims through trademark infringement, unfair competition, business disparagement, contract claims, and other causes of action supported by the conduct at issue.

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Damages and Remedies in Intellectual Property Litigation

Copyright, Lanham Act, patent, trade secret, cybersquatting, and state rights of publicity claims follow different rules for damages, attorney fees, injunctions, and enhanced relief.

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Copyright Infringement Litigation and the Proof Required

Copyright protects original expression once an author fixes it in a tangible medium. A lawsuit requires more. A copyright owner must prove ownership of a valid copyright and copying of protectable expression, then connect the requested remedy to admissible evidence and the Copyright Act.

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Trademark Infringement and Likelihood of Confusion

Trademark infringement occurs when someone uses a mark in commerce in a way that's likely to confuse consumers about the source, sponsorship, approval, or affiliation of goods or services. The dispute concerns the commercial impression created by the challenged use, with isolated similarities supplying only part of the evidence.

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Trade Dress Protection for Product Design, Packaging, and Business Interiors

Trade dress protects the visual appearance of a product, its packaging, or a business environment when that appearance identifies source. A protectable claim can concern a bottle configuration, a product line, a restaurant interior, packaging graphics, or a combination of visual elements that consumers associate with one business.

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Trade Secret Protection Starts Before the Lawsuit

Texas law protects trade secrets, but only when the owner protects them first. Courts decide many misappropriation cases on that requirement alone. Companies that ignore it find out in litigation that a court will refuse to protect information the company itself treated as casual, no matter how valuable that information was to the business.

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Defenses to Copyright Infringement Claims

Copyright infringement defenses may challenge registration, ownership, factual copying, protected expression, secondary liability, timing, or remedies. Current Supreme Court and Fifth Circuit decisions define how each argument works.

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Secondary Copyright Liability

Secondary copyright liability can arise through contributory or vicarious theories. Cox v. Sony now requires intent shown through inducement or a service tailored to infringement.

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Elements of a Copyright Infringement Claim

A copyright claim requires ownership, registration or refusal when Section 411(a) applies, factual copying, and substantial similarity in protected expression.

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Post-Judgment Collections

Domesticating and Enforcing Judgments from Outside Texas

A judgment entered outside Texas establishes the creditor's adjudicated claim. Texas collection authority begins when the creditor places the judgment within a Texas or federal enforcement system that has authority over the property.

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Fraudulent Transfers Under the Texas Uniform Fraudulent Transfer Act

A debtor can't defeat a creditor by transferring property to a relative, affiliated company, or cooperative business partner while keeping the benefit of the property. Chapter 24 of the Texas Business and Commerce Code allows a creditor to challenge specified transfers and obligations that hinder collection or leave the debtor without adequate value.

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Post-Judgment Enforcement in Texas: Turning a Judgment Into Payment

A Texas money judgment establishes the debtor's liability and the amount owed. Collection requires a separate enforcement strategy based on the debtor's assets, available exemptions, pending appellate proceedings, and the remedy that applies to each asset.

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Post Judgment Discovery to Find a Debtor's Assets

A judgment identifies who owes the money. Collection depends on information about bank accounts, real property, business interests, receivables, investments, and recent transfers.

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Abstracts, Writs, and Turnover Orders in Texas

A Texas judgment establishes an enforceable obligation. It doesn't identify collectible property or select the procedure that applies to it. An abstract of judgment records a lien against qualifying real property. A writ of execution authorizes an officer to levy on property subject to execution. A turnover order directs nonexempt property toward satisfaction of the judgment and may place that property under a receiver's control.

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Texas Property Exemptions for Judgment Creditors

A Texas judgment permits collection from property owned by the debtor and subject to seizure. Exemption law removes specified property from that process even when the judgment is final and unpaid.

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