Commercial Litigation: Business Disputes
Business Dispute Law
Business disputes arise regularly, requiring swift and strategic responses to minimize damages and maintain your reputation. Today’s businesses focus beyond the neighborhood, with technology and globalism exploding both opportunities and conflicts. Texas litigation matters arising from business to business relationships, business to consumer transactions, and business to government agreements are increasingly complex, requiring creative approaches and often confidential resolutions.
Commercial Litigation: Who We Represent
Mark Alexander’s team works with entrepreneurs, shareholders, officers, directors, investors, franchises and owners involved in both publicly traded companies and privately held organizations. Our commercial litigation clients are involved in a variety of industries, including manufacturing and industrial, oil and gas and energy, professional services, banks, retail, auto dealerships, real estate, construction, nursing homes, investment houses, technology, media and professional athletics.
COMMERCIAL LITIGATION FAQ’S
What Is Commercial Litigation?
Commercial litigation refers to non-criminal legal disputes between business entities or individuals, including contract breaches, trade secrets, or partnership conflicts.
Can I Bring Legal Action for Breach of Verbal Contracts?
Yes. Verbal contracts are enforceable in Texas under certain conditions, but proving their terms and existence can be more difficult than written agreements.
Are There Any Alternatives to Litigation?
Yes. Many contracts include mediation or arbitration clauses that allow disputes to be resolved outside of court, saving time and costs.
What Are The Common Types of Business Litigation?
Common types include breach of contract, fraud, misrepresentation, non-compete violations, trade secret theft, and disputes over business ownership or partnerships.
Can I Sue a Financial Advisor?
Yes. You may be able to sue for negligence, breach of fiduciary duty, or fraud, especially in cases involving churning or unsuitable investment advice.
Can My Former Employer Stop Me from Working for a Competitor?
Possibly. Enforceability of non-compete agreements in Texas depends on reasonableness in time, geographic scope, and the nature of restricted activities.
What Is The Commercial Litigation Process?
The process typically involves filing a petition, discovery, pretrial motions, mediation or settlement discussions, and a potential trial.
What qualifies as a breach of contract under Texas law?
A breach occurs when one party fails to uphold their contractual obligations without a valid legal excuse. This includes missed payments, failure to deliver goods or services, or violating non-compete clauses.
What is the statute of limitations for contract disputes in Texas?
In Texas, the statute of limitations for most contract disputes is four years. However, fraud claims or oral agreements may be subject to different deadlines.
Can I sue my business partner in Texas?
Yes. If your business partner engages in misconduct such as embezzlement, breach of fiduciary duty, or violating your partnership agreement, you can pursue legal action in Texas.
How do I file a business lawsuit in Texas?
To file a business lawsuit in Texas, you must draft a petition, file it with the appropriate civil court, and serve notice to the defendant. An attorney can help you ensure all procedures and deadlines are met.
How does arbitration differ from litigation in Texas?
Arbitration is a private dispute resolution method where a neutral third party makes a binding decision, whereas litigation is a public process that takes place in court. Arbitration is often faster and confidential.
What damages can I recover in a Texas business lawsuit?
You may be eligible to recover compensatory damages, lost profits, attorney’s fees, and sometimes punitive damages if fraud or malicious conduct is proven.
What is a temporary restraining order (TRO) in Texas commercial cases?
A TRO is a court order that temporarily prohibits certain actions to prevent immediate harm before a hearing can be held. It is often used to preserve business assets or status quo.
Can shareholders sue a corporation in Texas?
Yes. Shareholders may file a derivative lawsuit on behalf of the corporation if they believe company leadership has harmed the business through fraud, mismanagement, or breaches of duty.
What is a derivative lawsuit in Texas?
A derivative lawsuit is a legal action brought by a shareholder on behalf of the corporation, typically against directors or officers accused of wrongdoing that harmed the company.
Jurors sitting in a courtroom.
Commercial Litigation: Client Wins
Below are just a few examples of how we serve clients in complex litigation matters.
- Mega-Company loses suit against our client. Prominent New York and Texas law firms lost their case when we took on Clear Channel Communications, Inc., a subsidiary of the largest provider of broadcast software for 7,000 radio stations, television channels, cable companies, satellite radio networks and internet stations and won.
- From $18 million to zero. Sixteen plaintiffs sued our oil and gas company client, claiming the president squandered over $18 million of the plaintiffs` investments. At trial, our client won on all four counts, leaving our client owing nothing.
Contact An Experienced Business Litigation Attorney
When you find yourself seeking commercial litigation legal counsel surrounding a business concern like Breach of Contract, Business Fraud, Partnership and Ownership Disputes, Trade Secrets Litigation, Restrictive Covenants / Non-Competes, Deceptive Trade Practices (DTPA), Unfair Business Practices / Tortious Interference, False Advertising and Unfair Competition, Negligent Misrepresentation, Warranty Disputes, Sales of Goods and Services, Class Actions (Commercial and Consumer Based) Mark A. Alexander, P.C. is ready to bring over 25 years of winning experience to work for you. Call us at (972) 544-6968.