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 11 of 31Showing 91 to 99

Shareholder, Partnership & LLC Disputes Family Business Disputes: Siblings, Parents and Ownership Fights Family businesses are governed by the same Texas entity law as any other company. What differs is the facts: no paperwork, assumed roles, inheritance expectations and marriages. Read the guide 6 min Securities & Investment Disputes Federal Securities Fraud: Rule 10b-5 Basics for Investors and Companies Rule 10b-5 forbids untrue statements or misleading omissions in connection with buying or selling a security. Private plaintiffs must prove scienter, reliance and loss causation. Read the guide 5 min Trade Secrets, Trademarks & IP Fee Awards in Trade Secret and Trademark Cases Each side usually pays its own fees. TUTSA, the DTSA and the Lanham Act shift them only for bad faith, willful and malicious conduct or exceptional cases. Read the guide 8 min Securities & Investment Disputes FINRA Arbitration vs. Court: Where Investor Claims Go Claims against a FINRA brokerage firm or its brokers go to FINRA arbitration when the customer asks or the agreement requires. Claims against advisers and issuers go to court. Read the guide 5 min Commercial Real Estate Disputes Forcing a Real Estate Sale to Close: Specific Performance in Texas Texas courts will order a seller to convey real estate if the contract is enforceable and the buyer proves it was ready, willing and able to perform when the deal was due to close. Read the guide 7 min Business Fraud & Fiduciary Duty Fraud by Nondisclosure: When Silence Becomes Fraud in Texas Silence is fraud in Texas only when there was a duty to speak: a fiduciary relationship, a partial disclosure, or new facts that made an earlier statement misleading. Read the guide 6 min Litigation Process, Fees & Risk Freezing Assets Before Judgment: Attachment, Garnishment and Sequestration in Texas Texas courts will not freeze assets just because you fear nonpayment. Attachment, garnishment, sequestration, receivers and property injunctions need sworn grounds and a bond. Read the guide 7 min Trade Secrets, Trademarks & IP Getting an Emergency Injunction to Stop Trade Secret Misuse A Texas court can issue a TRO within days and a temporary injunction after a hearing within two weeks, if you show a probable right to relief and imminent, irreparable harm. Read the guide 7 min Employer Disputes & Non-Competes Getting, or Fighting, a Temporary Injunction in a Texas Non-Compete Case A TRO lasts up to 14 days; the temporary injunction follows an evidentiary hearing where the employer must prove a probable right and irreparable injury, and post a bond. Read the guide 6 min
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