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?
To put it most simply, civil litigation is a lawsuit between individuals, where criminal charges are not involved. Any time there are two or more parties involved in a non-criminal legal dispute, what results is considered to be civil litigation. Typically, in civil litigation the parties are suing to enforce or to defend a legal right, and the suing party (the Plaintiff) is seeking to be compensated with either money damages or some action (specific performance.)
A commercial dispute results when one or more of these parties is a business entity such as a partnership or a corporation. Commercial and corporate litigation possess both similarities and differences as compared to traditional civil litigation matters. Understanding the definition of a commercial dispute, and what commercial disputes are, will help clarify those similarities and differences.
Can I Bring Legal Action for Breach of Verbal Contracts?
Yes. However, since there is no written document, it is difficult to prove.
Are There Any Alternatives to Litigation?
Good question. Yes. The parties can put a clause in their contract that any dispute will be attempted to be resolved by mediation, prior to filing a lawsuit. In fact, most disputes are resolved via mediation.
What Are The Common Types of Business Litigation?
From negotiation and mediation through trial, the Alexander Team delivers valuable, cost-effective, common-sense legal advice. We are fierce client advocates in all business disputes including:
Unfair Business Practices
Deceptive Trade Practices
Sales of Goods and Services
Business Ownership Suits (just to name a few)
When a former employee breaches a non-compete clause by working for a competitor of his/her former employer.
Breach of contract for failure to pay. Interference with a contract.
Can I Sue a Financial Advisor?
Yes. Most of these cases deal with “suitability” (for example, when the advisor puts a retiree in a highly speculative stock) or “churning” (when the advisor keeps moving one’s investment to another and another and another….simply to get a commission).
Can My Former Employer Stop Me from Working for a Competitor?
Yes, if the non-compete clause is enforceable. Here, it must be limited in time (usually 2 years); geography (usually 50 miles from the place of employment); and limited to the potential competing business.
What Is The Commercial Litigation Process?
The attorney meets with the client. The attorney drafts the lawsuit and files it with the court. The court clerk issues a “citation” (which is a notice to the defendant that he/she/it is being sued and should timely answer for face a default judgment. After the defendant answers the lawsuit discovery commences.
This means the parties serve: request for production of documents; interrogatories (questions); request for admissions (admit or deny certain things); and then depositions are taken. Thereafter, the parties go to mediation. If the case is not settled at mediation, it goes to trial.
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 Dispute Attorney
When you find yourself seeking commercial litigation legal counsel surrounding a business concern like a business dispute, 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.