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 14 of 31Showing 118 to 126

Demand Letters & Pre-Litigation How to Respond to a Demand Letter Without Making It Worse A good response is short, factual and deliberate: it acknowledges, states your position, corrects errors, and commits to nothing you have not verified. Read the guide 6 min Securities & Investment Disputes I Invested in a Private Placement That Went Bad. Do I Have a Claim? Maybe. A failed private placement is a claim only if the offering was sold by an untrue statement, outside a valid exemption, or the money was not used as promised. Read the guide 5 min Demand Letters & Pre-Litigation I Received a Cease and Desist Letter. What Now? Do not stop, comply or reply on reflex. Preserve everything, read the letter against the right it claims, and choose: comply, negotiate, refuse with reasons or file first. Read the guide 6 min Trade Secrets, Trademarks & IP I Received a Trademark Cease and Desist Letter. What Should I Do? Do not ignore it and do not rebrand yet. Check their rights, check who used the name first, and judge whether confusion is really likely. Then answer through counsel. Read the guide 7 min Business Fraud & Fiduciary Duty I Was Lied To Before Signing. Fraudulent Inducement in Texas If a false statement induced you to sign, Texas lets you rescind the contract or keep it and sue for damages. A merger clause does not block the claim; a reliance disclaimer can. Read the guide 6 min Shareholder, Partnership & LLC Disputes I Was Pushed Out of My Own Company. What Are My Rights? Losing your job at the company is not losing your ownership. In Texas you keep your interest, distributions, records rights and claims unless an agreement says otherwise. Read the guide 5 min Contracts & Breach of Contract I Won a Judgment Against a Business. How Do I Collect in Texas? A judgment is a right to collect, not a payment. Texas gives a creditor five tools: abstract, discovery, execution, garnishment and turnover. A business has no exemptions. Read the guide 6 min Contracts & Breach of Contract Indemnification Clause Disputes: Who Pays When Something Goes Wrong? The clause's words decide, under two Texas rules: indemnity for another's own negligence must be express and conspicuous, and in construction it is void for the indemnitee's fault. Read the guide 7 min Trade Secrets, Trademarks & IP Investigating a Departing Employee's Devices and Accounts: What Is Allowed Company-owned devices and accounts may be examined. Personal email and cloud accounts may not, even if the password is saved. Use a forensic examiner and preserve before you look. Read the guide 7 min
CallDiscuss Your Matter