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 15 of 31Showing 127 to 135

Securities & Investment Disputes Investment Adviser vs. Broker: Different Duties, Different Claims An investment adviser is a fiduciary paid by fee; a broker is paid by commission and owes a best-interest duty per recommendation. The label decides the claim. Read the guide 6 min Trade Secrets, Trademarks & IP IP Licensing Disputes: Royalties, Scope and Termination Most licensing fights are contract disputes over what the license covers and what is owed. Use outside the scope can also be infringement, which changes the remedies and the court. Read the guide 7 min Contracts & Breach of Contract Is a Verbal Business Agreement Enforceable in Texas? Usually yes. Texas enforces oral contracts unless the statute of frauds requires a writing, such as real estate sales, agreements over one year, or loans above $50,000. Read the guide 6 min Business Fraud & Fiduciary Duty Is It Fraud or Just a Broken Promise? Fraud vs. Breach of Contract A broken promise is breach of contract. It becomes fraud only if the promise was made with no intention of keeping it, proven by more than the fact that it was not kept. Read the guide 5 min Demand Letters & Pre-Litigation Is My Claim Worth Pursuing? How a Litigator Evaluates a Case Before Filing Worth pursuing when you can prove liability, prove damages with reasonable certainty, collect from the defendant, and net more than you would take to walk away. Read the guide 6 min Employer Disputes & Non-Competes Is My Non-Compete Enforceable in Texas? Yes, if it was part of an otherwise enforceable agreement and its time, territory and scope are no broader than needed to protect the company. Here is the two-part Texas test. Read the guide 6 min Arbitration, Mediation & Settlement Is the Arbitration Clause in My Contract Enforceable in Texas? Usually yes. The FAA and the Texas Arbitration Act make a written agreement to arbitrate enforceable unless an ordinary contract defense applies. Wording and formation decide. Read the guide 6 min Litigation Process, Fees & Risk Jury Trial vs. Bench Trial in a Business Case Either side can demand a jury in Texas by filing a request and fee at least 30 days before trial. Whether you should depends on the issues, the parties and the jury pool. Read the guide 5 min Litigation Process, Fees & Risk Keeping a Business Dispute Confidential: Sealing, Protective Orders and Publicity Court filings in Texas are public and sealing is hard. What can be protected: discovery exchanged under a protective order, trade secrets, mediation talks and settlement terms. Read the guide 6 min
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