Tina WyskCommercial Litigation Attorney

Knowledge library

Insights for business owners facing a dispute

The questions people ask before they hire a commercial litigator, answered plainly under Texas law, with the sources cited. Search by what happened to you, not by legal term.

274 guides, page 10 of 31Showing 82 to 90

Demand Letters & Pre-Litigation Does a Letter From a Lawyer Carry More Weight Than My Own? Usually yes: a lawyer's letter signals the cost has been accepted, frames the claim correctly and avoids admissions. But a first letter from the owner is often the better move. Read the guide 5 min Arbitration, Mediation & Settlement Does Arbitration Really Cost Less Than Litigation? Sometimes. Arbitration saves on discovery, motions and appeals but adds costs court does not have: the provider's fee and the arbitrator's hourly compensation. Case size decides. Read the guide 5 min Contracts & Breach of Contract Does Texas Recognize a Duty of Good Faith in Business Contracts? Generally no. Texas does not imply a duty of good faith and fair dealing into ordinary contracts. It exists in special relationships, UCC sales of goods and express clauses. Read the guide 6 min Trade Secrets, Trademarks & IP Domain Name Disputes and Cybersquatting Two paths: a UDRP proceeding to get the domain transferred, or a federal cybersquatting suit for transfer plus damages. Bad faith and your trademark rights decide both. Read the guide 8 min 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. Read the guide 7 min Litigation Process, Fees & Risk Emergency Relief: TROs and Temporary Injunctions in Texas Business Cases A TRO can issue within a day and lasts up to 14 days; a temporary injunction follows after a hearing and holds until trial. What Texas requires, what it costs, and when it works. Read the guide 6 min Arbitration, Mediation & Settlement Enforcing an Arbitration Award in Texas An award is not self-enforcing. You apply to confirm it in court; the court must confirm unless the loser proves a vacatur ground in time. Then it collects like any judgment. Read the guide 5 min Securities & Investment Disputes Enforcing Investor Rights Under Subscription and Shareholder Agreements Investor rights are contract rights enforced by damages, specific performance or injunction, backed by Texas's statutory right to inspect records. Read the guide 6 min Employer Disputes & Non-Competes Exit Protocols That Protect Confidential Information When Employees Leave An exit protocol does five things on a schedule: cuts access, recovers property, preserves the record, reminds the employee in writing what still binds them, and pays on time. Read the guide 7 min
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