Business Torts Lawyer Texas
Not every business dispute arises from broken contracts. When competitors engage in fraud, when former employees steal customers through deception, or when business partners act in bad faith, you need a business torts lawyer who understands both the legal principles and business realities at stake. Mark A. Alexander has represented Texas businesses in complex business torts litigation for over 20 years, pursuing and defending claims involving fraud, tortious interference, unfair competition, and business defamation.
Business torts provide powerful remedies unavailable in contract cases. Unlike breach of contract claims limited to actual damages, business tort litigation can support punitive damages, injunctive relief, and attorney’s fees. When someone intentionally harms your business through wrongful conduct, Texas tort law provides the tools to hold them accountable and recover what you’ve lost.
As an experienced business torts lawyer in Texas, Mark Alexander represents companies throughout Dallas, Houston, Austin, San Antonio, and Fort Worth. Whether you’re pursuing claims against competitors, defending allegations of wrongful conduct, or evaluating whether tort claims strengthen your litigation position, we provide the strategic counsel business torts cases demand.
What Are Business Torts?
Business torts are civil wrongs that cause economic harm to businesses. Unlike contract breaches that violate specific agreements, business torts involve wrongful conduct causing harm regardless of contractual relationships. These claims often arise from intentional misconduct, though some business torts involve negligence or strict liability.
Key differences between business torts and contract claims:
Damages – Contract damages typically compensate for actual losses from the breach. Business tort damages can include punitive damages punishing wrongful conduct, making recovery potentially much larger.
Parties – Contract claims require contractual relationship between parties. Business torts can involve parties with no direct contract, such as competitors or third parties interfering with your business.
Remedies – Business torts litigation may support injunctive relief preventing ongoing harm, attorney’s fees, and equitable remedies unavailable in pure contract cases.
Statute of Limitations – Different limitation periods apply. Understanding which claims to assert affects timing and strategy in business torts litigation.
Types of Business Torts We Handle
Fraud and Misrepresentation
Business fraud occurs when someone intentionally deceives you to gain unfair advantage or cause economic harm. Common fraud scenarios include:
- False statements about product quality, business performance, or financial condition
- Concealment of material facts during business transactions
- Fraudulent inducement to enter contracts or make investments
- Pyramid schemes, Ponzi schemes, and investment fraud
- Fraudulent misrepresentation in sales and marketing
Texas fraud claims require proving: (1) material misrepresentation, (2) made with knowledge it was false or reckless disregard for truth, (3) intended to induce reliance, (4) actual reliance by the victim, and (5) resulting damages. Meeting these elements requires careful evidence development and presentation.
As your business torts lawyer, we gather documentary evidence, witness testimony, and expert analysis proving fraud claims. From email communications showing intent to financial records demonstrating damages, successful fraud litigation requires methodical case building.
Tortious Interference
Tortious interference protects your business relationships from improper third-party interference. Two main types exist:
Tortious interference with existing contracts – When third parties knowingly and improperly cause breach of your contracts. This commonly occurs when competitors hire your employees in violation of employment agreements or induce vendors to breach supply contracts.
Elements: (1) existing contract, (2) defendant’s willful and intentional interference, (3) proximate cause of breach, and (4) resulting damages. The interference must be improper—normal competitive activity doesn’t qualify.
Tortious interference with prospective business relations – When someone improperly prevents business opportunities from materializing. This includes interfering with potential customers, blocking merger opportunities, or preventing beneficial contracts from forming.
Elements: (1) reasonable probability of business relationship, (2) defendant’s intentional interference, (3) lack of privilege or justification, (4) proximate cause, and (5) actual damages. This claim protects against wrongful conduct preventing business development.
Business torts litigation involving tortious interference often requires proving the defendant’s improper purpose or means. Understanding what constitutes proper versus improper competitive activity is critical.
Unfair Competition
Unfair competition encompasses various wrongful business practices designed to gain unfair competitive advantage:
Trade secret misappropriation – Theft or improper disclosure of confidential business information. This overlaps with trade secret protection but provides tort remedies including exemplary damages for willful misappropriation.
False advertising – Making false claims about your products or services, or making false statements about competitors’ offerings. This harms both consumers and legitimate competitors.
Passing off – Creating confusion about product source by copying trade dress, packaging, or branding. Consumers think they’re buying one company’s product when purchasing another’s.
Commercial disparagement – Publishing false statements about competitor’s products or business. Unlike defamation (which protects personal reputation), disparagement protects business and product reputation.
Texas recognizes these claims under common law and various statutes. The Lanham Act provides federal remedies for certain unfair competition involving interstate commerce.
Business Defamation
Defamation protects business reputation from false statements. Business defamation claims face higher burdens than personal defamation:
Requirements for business defamation:
- Publication of false statement of fact (not opinion)
- About the business or its products/services
- Causing reputational harm and damages
- Made with actual malice (for public figures) or negligence
Common business defamation scenarios include false statements about financial stability, product safety, business practices, or professional competence. Online reviews, social media posts, and competitor communications can all support defamation claims when containing false factual assertions.
As a business torts lawyer handling defamation litigation, we help clients distinguish between protected opinion and actionable false statements, gather evidence of falsity and damages, and pursue remedies including damages and injunctions against ongoing defamation.
Conversion and Theft of Business Assets
Conversion is wrongful taking or use of property belonging to another. In business contexts, this includes:
- Misappropriation of business funds or assets
- Unauthorized use of intellectual property or trade secrets
- Taking customer lists, proprietary information, or business data
- Retention of property after termination of right to possess
Conversion provides tort remedies for property theft. Combined with breach of fiduciary duty claims when insiders are involved, conversion claims can support significant damages including exemplary damages for intentional wrongdoing.
Conspiracy
Civil conspiracy occurs when two or more parties agree to accomplish unlawful purpose or accomplish lawful purpose through unlawful means. Business conspiracy claims typically involve multiple parties working together to:
- Defraud businesses or investors
- Misappropriate trade secrets or confidential information
- Interfere with business relationships
- Engage in unfair competition
Conspiracy claims require proving underlying tort—conspiracy standing alone isn’t actionable. However, conspiracy claims can expand liability to additional defendants and support punitive damages against all conspirators.
Why Business Torts Claims Matter
Broader Damages
Business torts litigation can support damages unavailable in contract cases:
Exemplary (Punitive) Damages – Texas allows punitive damages for fraud, malice, or gross negligence. These damages punish wrongdoers and deter future misconduct, often exceeding actual damages by multiples.
Attorney’s Fees – Many business tort claims support recovery of attorney’s fees, reducing net litigation costs for prevailing parties.
Injunctive Relief – Courts can order defendants to stop ongoing harmful conduct, preventing future damages while litigation proceeds.
Pre-Judgment Interest – Accrues from date of injury rather than judgment, increasing recovery in cases taking years to resolve.
Holding Bad Actors Accountable
Contract law assumes good faith parties occasionally failing to perform. Business torts address intentional wrongdoing, bad faith, and harmful conduct deserving stronger remedies. When someone deliberately harms your business, tort law provides accountability contract law cannot.
Strategic Leverage
Adding business tort claims to contract disputes often strengthens settlement negotiations. Defendants facing potential punitive damages and attorney’s fees have greater incentive to resolve disputes reasonably. Your business torts lawyer can evaluate whether tort claims enhance your strategic position.
Defending Against Business Torts Claims
Not every allegation of wrongful conduct constitutes actionable tort. We defend businesses against meritless or exaggerated business torts claims by:
Challenging Elements
Each business tort requires proving specific elements. Missing even one element defeats the claim. We carefully analyze whether plaintiffs can prove:
- Intent or knowledge requirements for fraud claims
- Existence and breach of contracts for tortious interference claims
- Publication and falsity for defamation claims
- Causation linking alleged conduct to claimed damages
Asserting Privileges and Defenses
Many business torts recognize privileges protecting legitimate conduct:
Competition privilege – Normal competitive activity doesn’t constitute tortious interference even if contracts are disrupted. Offering better terms to attract customers is lawful competition.
Truth defense – True statements cannot support defamation claims regardless of reputational impact.
Opinion privilege – Expressions of opinion receive constitutional protection. Distinguishing opinion from false factual assertions is critical in defamation defense.
Qualified privilege – Certain communications receive privilege when made in good faith on matters of legitimate interest.
Attacking Damages
Even if liability exists, plaintiffs must prove actual damages. We challenge damages claims through:
- Showing claimed losses resulted from other causes
- Demonstrating plaintiff failed to mitigate damages
- Proving damages calculations lack support or use improper methodology
- Defeating claims for speculative or future damages
Business torts litigation often involves competing expert testimony on damages. Working with qualified damages experts strengthens defense positions.
The Business Torts Litigation Process
Investigation and Case Development
Strong business torts cases require thorough investigation before filing. We help clients:
- Gather documentary evidence supporting claims or defenses
- Identify and interview witnesses
- Preserve electronic evidence before it’s destroyed
- Engage experts to analyze damages, causation, or industry standards
- Evaluate strength of claims and defenses realistically
Rushing to file without adequate preparation weakens cases. Strategic investigation develops evidence supporting your position.
Pre-Litigation Strategy
Sometimes demand letters or pre-suit negotiations resolve disputes without litigation costs. Other times immediate court action is necessary to preserve evidence or prevent ongoing harm. Your business torts lawyer evaluates whether pre-litigation efforts make sense or immediate filing serves your interests better.
Pleadings and Motion Practice
Business torts litigation often involves significant motion practice:
Motions to dismiss – Testing whether plaintiff’s allegations state viable claims under Texas law.
Special exceptions – Texas procedure requiring plaintiffs to plead claims with specificity, particularly for fraud.
Summary judgment – Resolving cases before trial when no genuine fact issues exist.
Temporary injunctions – Obtaining court orders preventing ongoing harm while litigation proceeds.
Effective motion practice can resolve cases early, narrow issues for trial, or strengthen settlement positions.
Discovery
Business torts cases typically involve extensive discovery:
Document production – Emails, financial records, communications, and business documents proving or disproving claims.
Depositions – Testimony under oath from parties, witnesses, and experts, creating record for summary judgment or trial.
Interrogatories and requests for admission – Written discovery developing facts and narrowing issues.
Expert discovery – Exchanging expert reports and deposing opposing experts on damages, causation, or technical issues.
Discovery battles often determine case outcomes. Strategic discovery plans develop favorable evidence while limiting harmful disclosures.
Settlement Negotiations and Mediation
Most business torts litigation settles before trial. We evaluate settlement opportunities throughout cases, considering:
- Strength of evidence and likely trial outcomes
- Cost of continued litigation versus settlement savings
- Risk of adverse judgments including punitive damages
- Business considerations beyond legal merits
- Timing and certainty advantages of settlement
Mediation with skilled mediators often unlocks settlement value. We prepare thoroughly for mediation, presenting compelling cases supporting our clients’ positions.
Trial
When settlement isn’t achievable, trial experience matters. Business torts trials involve:
Jury selection – Selecting jurors who can fairly evaluate business disputes and damages claims.
Opening statements – Framing issues and themes for jury consideration.
Witness examination – Presenting fact and expert witnesses supporting your case while challenging opposing witnesses.
Closing arguments – Synthesizing evidence and arguing for favorable verdicts.
Jury instructions and verdict forms – Ensuring jury receives proper legal instructions and clear verdict questions.
As an experienced business torts lawyer and trial attorney, Mark Alexander has tried numerous business tort cases throughout Texas, achieving favorable verdicts and defending against unjustified claims.
Industry-Specific Business Torts
Technology and Software
Technology companies face unique business torts issues:
- Misappropriation of proprietary code or algorithms
- False advertising about software capabilities or performance
- Tortious interference with customer or partnership agreements
- Defamation through online reviews or social media
Healthcare
Healthcare businesses encounter specific tort claims:
- Tortious interference with physician-patient relationships
- Defamation regarding medical competence or quality of care
- Unfair competition through improper patient solicitation
- Conversion of patient records or confidential information
Real Estate and Construction
Real estate disputes often involve business torts:
- Fraud in property sales or representations about condition
- Tortious interference with purchase contracts or development deals
- Conversion of deposits or escrowed funds
- Conspiracy in fraudulent real estate schemes
Professional Services
Professional service firms face particular vulnerabilities:
- Defamation regarding professional competence or ethics
- Tortious interference when clients are improperly solicited
- Misappropriation of client lists and confidential information
- Unfair competition through false advertising
Statute of Limitations Issues
Different business torts have different limitation periods:
Fraud – Four years from discovery of fraud (discovery rule applies)
Tortious Interference – Two years from interference or four years depending on circumstances
Defamation – One year from publication
Conversion – Two years from conversion
Statutory claims – Various periods depending on specific statute
Understanding limitation periods is critical. Waiting too long forfeits valuable claims. Conversely, defendants can defeat claims by proving untimely filing. Your business torts lawyer must carefully analyze when claims accrued and whether limitations have run.
Why Choose Mark A. Alexander as Your Business Torts Lawyer
20+ Years Handling Complex Business Torts Litigation: Two decades litigating fraud, tortious interference, and unfair competition claims provides deep understanding of what works in Texas courts. We’ve handled business torts cases across industries and case types.
Trial Experience: Many business torts lawyers settle cases because they lack trial experience. When defendants know you’ll try cases if necessary, settlement negotiations proceed from strength. Mark Alexander has tried business torts cases throughout Texas courts, giving us credibility and effectiveness.
Strategic Approach: Business torts litigation requires balancing aggressive pursuit of rights with practical cost-benefit analysis. We evaluate each case strategically, considering litigation costs, likelihood of success, collection prospects, and business impacts.
Understanding of Business Context: Business torts involve more than legal principles—they require understanding business operations, competitive dynamics, and industry practices. We analyze cases through business lens, developing strategies that make commercial sense.
Efficient Representation: As a focused practice, Mark Alexander is directly involved in case strategy and key decisions. You work with an experienced attorney who knows your case, not junior associates learning on your matter.
Network of Expert Resources: Business torts litigation often requires damages experts, industry specialists, forensic accountants, and technical experts. We work with qualified professionals who strengthen cases and withstand cross-examination.
Frequently Asked Questions About Business Torts
What damages can I recover in business torts cases?
Damages vary by tort type. Generally, you can recover actual economic losses caused by the wrongful conduct. For intentional torts like fraud, you may recover exemplary (punitive) damages punishing the wrongdoer. Many business torts support recovery of attorney’s fees. Courts can also order injunctive relief preventing ongoing harm.
How do business torts differ from breach of contract?
Contract claims require contractual relationship and breach of specific contract terms. Business torts involve wrongful conduct causing harm regardless of contracts. Tort claims often support broader damages including punitive damages and attorney’s fees unavailable in pure contract cases. Many disputes involve both contract and tort claims.
Can I sue competitors for taking my customers?
Normal competitive activity is lawful even if you lose customers. However, if competitors use fraud, misappropriate trade secrets, tortiously interfere with contracts, or engage in other wrongful conduct to take customers, you may have business torts claims. The line between proper competition and actionable torts requires careful legal analysis.
How long do I have to file business torts claims?
Limitation periods vary by tort type. Defamation claims must be filed within one year. Fraud and tortious interference have longer periods. Some torts use “discovery rule” meaning time runs from when you discovered or should have discovered the harm. Consult a business torts lawyer promptly to avoid losing claims to limitations.
What evidence do I need to prove fraud?
Fraud requires proving false statements, knowledge of falsity, intent to deceive, reliance, and damages. Evidence includes documents showing false representations, communications demonstrating intent, financial records proving reliance and damages, and witness testimony. Electronic communications (emails, texts) often provide critical evidence of knowledge and intent.
Can former employees be sued for business torts?
Yes. Former employees can commit various business torts including misappropriation of trade secrets, tortious interference with customer relationships, breach of fiduciary duty, and conversion of business property. Non-compete agreements may also restrict competitive activity.
What defenses exist to business torts claims?
Defenses vary by tort but include: truth (for defamation), competition privilege (for interference), lack of intent or knowledge (for fraud), failure to prove damages, statute of limitations, and various procedural defenses. Strong defense requires careful analysis of each tort’s elements and available defenses.
How much does business torts litigation cost?
Costs depend on case complexity, amount in controversy, and defendant cooperation. Simple cases might cost $25,000-$75,000 through trial. Complex multi-party cases can exceed $150,000-$300,000. Many business torts support attorney’s fee recovery, potentially offsetting costs for prevailing parties. We provide realistic fee estimates and discuss cost management strategies.
Should I settle or go to trial?
This depends on settlement terms, trial risks, litigation costs, and business considerations. Strong cases with clear liability and damages often settle favorably. Weak claims by plaintiffs or solid defenses may justify trial. Your business torts lawyer should provide realistic assessment of trial prospects versus settlement value.
Take Action on Business Torts
Business torts claims require prompt action. Evidence disappears, witnesses’ memories fade, and statutes of limitations run. Whether you’ve suffered harm from fraud, interference, or unfair competition, or you’re defending against business torts allegations, early legal counsel protects your interests.
Contact Mark A. Alexander, P.C. for confidential consultation about your business torts situation. We’ll evaluate your claims or defenses, explain legal options, and discuss strategic approaches for protecting your business interests through effective business torts litigation.
Don’t let wrongful conduct harm your business without consequences. Get experienced legal representation from a business torts lawyer who understands both the law and business realities.
Contact A Business Torts Lawyer Serving Texas Today!
Mark A. Alexander, P.C.
The Gild
8150 North Central Expressway, 10th Floor
Dallas, Texas 75206
Phone: (972) 544-6968
Email: mark@markalexanderlaw.com
Web: commerciallitigationtexas.com
Serving Texas businesses throughout Dallas, Houston, Austin, San Antonio, Fort Worth, Plano, Arlington, and all surrounding areas.
