Commercial litigation · Dallas, Texas
Business Disputes in Dallas State and Federal Courts
When a contract, a partnership or a deal breaks down, the company still has to run while the dispute is decided. Experienced trial counsel keeps the claim, the exposure and the owner's time under control, from the first letter to judgment or settlement.
- Shareholder, Hallett & Perrin, P.C.
- State and federal litigation experience
- Represents plaintiffs and defendants
The situations that bring a business to a litigator
Most commercial cases start with one of these moments.
- 01A customer or vendor stopped paying or performingAn invoice is months overdue, a supplier missed the delivery your own customers depend on, or a counterparty announced it will not perform.
- 02Your company was served with a lawsuitA petition arrived with a deadline to answer. The first weeks decide the venue, the defenses and whether a counterclaim belongs in the case.
- 03An ownership dispute has turned adversarialA partner, member or shareholder is blocking decisions, withholding records or taking money, and talking has stopped working.
- 04You suspect fraud or misuse of company fundsThe numbers do not add up, a deal was not what it was described to be, or an insider has been moving money.
- 05You hold a judgment and still have not been paidWinning the case is the first half. Collecting against a business that does not want to pay is the second.
How a commercial case is handled
Every matter is different, but the work follows the same discipline: know the facts, know the exposure, then choose the forum and the pace.
Assessment of the claim or the defense
The contracts, the correspondence and the money trail are read before any position is taken, so the client knows what can be proved and what the other side will say.
Documents, witnesses and preservation
Emails, texts, accounting records and project files are gathered and preserved. A litigation hold goes out early, and the other side is put on the same footing.
Exposure and remedies
Damages, attorney's fees, interest, injunctive relief and counterclaims are mapped against the deadlines, so the business knows what is at stake before it spends on a fight.
Pre-suit options
A demand letter, a standstill, a tolling agreement or early mediation can resolve a dispute at a fraction of the cost of trial. They are used when they advance the client's position.
Litigation or arbitration
If the matter proceeds, it is filed or defended in the right forum: Dallas County district court, the Texas Business Court, federal court or arbitration. Settlement and trial decisions are made with the owner in plain terms.
The Texas law that frames a commercial case
Commercial litigation is not one claim. It is a set of contract, tort and statutory claims decided under Texas procedure, and sometimes federal procedure. Three questions shape almost every case: where it will be heard, how long the claimant has to file, and who pays the attorney's fees.
Where business cases are heard
Most Dallas business disputes are filed in the Dallas County civil district courts. Since September 1, 2024, Texas also has a specialized Business Court created by Chapter 25A of the Government Code, with a division sitting in Dallas. It hears certain larger disputes over company governance, ownership and qualified commercial transactions; the amount-in-controversy threshold for most of its jurisdiction was lowered to $5 million effective September 1, 2025. A case goes to federal court in the Northern District of Texas when a federal statute is involved, such as trade secret or trademark claims, or when the parties are citizens of different states and the amount in dispute meets the federal threshold. Many commercial contracts send disputes to arbitration instead of court.
Deadlines under Chapter 16
Chapter 16 of the Texas Civil Practice and Remedies Code sets the limitations periods. Section 16.004 gives four years for suits on a debt, for fraud and for breach of fiduciary duty. Section 16.051, the residual period, gives four years to any claim with no period of its own, which is where most breach of contract claims land. Many tort claims, such as negligence and conversion, carry two years under Section 16.003. The clock usually starts when the claim accrues, not when the loss is discovered, although the discovery rule and fraudulent concealment can delay accrual in some cases. Contracts for the sale of goods have their own four-year rule in Section 2.725 of the Business and Commerce Code.
Who pays attorney's fees
Texas follows the American rule: each side pays its own lawyer unless a statute or the contract says otherwise. The most used exception is Section 38.001 of the Civil Practice and Remedies Code, which allows a party who prevails on a breach of contract claim and recovers damages to recover reasonable attorney's fees from an individual or an organization. Since the 2021 amendment, "organization" includes limited liability companies and partnerships, which were previously outside the statute. Other fee provisions appear in specific statutes and in well-drafted contracts.
Why experience in commercial cases changes the outcome
Commercial cases are won on preparation and judgment, not volume. A litigator who has tried cases in both state and federal court knows which claims survive summary judgment, which documents a jury will actually read, and when a settlement offer is worth more than a strong day at trial.
Tina Wysk represents businesses and individuals on both sides of commercial disputes: the company chasing an unpaid contract and the company defending one, the partner bringing a fiduciary claim and the partner answering it. Having sat on each side of the table makes the other side's next move easier to anticipate.
Her practice covers contract, partnership and shareholder, fraud and fiduciary duty, construction and real estate, trade secret and non-compete, and securities disputes, in Texas state and federal courts and in arbitration. A commercial dispute rarely stays in one lane, and counsel who has handled every part of it sees the whole case from the start.
The business cost of a dispute
What a business dispute costs beyond legal fees
The invoice from the lawyer is the visible cost. These are the ones owners feel most.
Cash flow
An unpaid receivable or a frozen deal shows up in payroll and vendor payments long before a judgment does. The timing of relief is often as important as the amount.
Leadership attention
Discovery, depositions and strategy meetings pull owners and managers away from running the company. A case plan that limits those hours protects the business.
Relationships
The other side is often a customer, supplier or former partner the business may still need. How a dispute is conducted decides whether that relationship survives it.
Confidentiality and reputation
Court filings are public, and lenders, landlords and key employees notice a lawsuit. Protective orders and clear communication keep the company steady.
Questions
Common questions about commercial litigation in Dallas
What is commercial litigation?
Commercial litigation is the resolution of disputes between businesses, or between a business and its owners, investors, vendors or customers, through the courts or arbitration. It covers breach of contract, partnership and shareholder disputes, fraud, breach of fiduciary duty, construction and real estate claims, trade secret and non-compete matters and securities claims.
Will my case be in state or federal court?
It depends on the parties and the claims. Most Dallas business disputes are heard in Dallas County district courts or, for certain larger governance and commercial cases, the Texas Business Court. A case belongs in federal court when it rests on a federal statute or when the parties are from different states and the amount in dispute meets the federal threshold.
How long do I have to file a business lawsuit in Texas?
Most contract, debt, fraud and fiduciary duty claims carry a four-year limitations period under Chapter 16 of the Civil Practice and Remedies Code. Many tort claims carry two years. The period generally runs from when the claim accrued, not from when you noticed the harm, so the date of the breach or the misrepresentation matters.
Can I recover my attorney's fees if I win?
Sometimes. Texas follows the American rule, so fees are recoverable only when a statute or the contract allows it. Section 38.001 of the Civil Practice and Remedies Code allows a party who prevails on a breach of contract claim and recovers damages to recover reasonable fees from an individual or an organization, including an LLC or partnership. Fraud, fiduciary duty and most tort claims have no general fee statute, so the contract language controls.
Does my business have to go to arbitration?
If the contract contains a valid arbitration clause, Texas and federal law generally enforce it, and a court will stay the lawsuit and send the dispute to arbitration. Whether the clause covers the particular claim, and whether it binds a party who did not sign, are frequent fights. Arbitration changes discovery, timing and the right to appeal.
Guides on business litigation in Texas
Plain-language answers to the questions owners ask before they hire a litigator.
Litigation Process, Fees & Risk
A Default Judgment Was Entered Against My Company. Can It Be Undone?
Often, yes: a motion for new trial within 30 days, a restricted appeal within six months, a bill of review within four years. Defective service helps at every stage.
Litigation Process, Fees & Risk
Appealing a Business Case in Texas: Timing, Bonds and What to Expect
A notice of appeal is due 30 days after the judgment is signed, 90 with a post-judgment motion. A bond suspends collection. The appeal reviews the record, not new facts.
Litigation Process, Fees & Risk
Deleted Emails and Lost Data: Spoliation Consequences in Texas
Once a claim is reasonably likely, deleting relevant data is spoliation. Texas courts can award fees, strike pleadings or let the jury presume lost evidence was unfavorable.
Litigation Process, Fees & Risk
Depositions: What Business Owners Should Expect
A deposition is sworn testimony outside court. In Texas each side gets six hours per witness, objections are limited to form, and nearly every question must be answered.
Demand Letters & Pre-Litigation
Do I Need a Commercial Litigation Attorney or a Business Attorney?
A business attorney builds deals and entities; a litigator fights over them. If a dispute has started, you need a litigator, often working with the lawyer who drafted the deal.
Litigation Process, Fees & Risk
Early Dismissal in Texas: Rule 91a and the Anti-SLAPP Statute
Two early exits in Texas: Rule 91a dismisses a claim with no basis in law or fact within 45 days of filing; the TCPA targets suits over speech, but most business claims are exempt.
Talk through the dispute before it decides itself
Bring the contract, the correspondence and the timeline. A first conversation sets out what is at stake, what the deadlines are and which path makes sense for the business.