Tina WyskCommercial Litigation Attorney

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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 16 of 31Showing 136 to 144

Construction & Payment Disputes Lien Waivers in Texas: The Statutory Forms and the Common Mistakes Texas enforces a lien waiver only on one of four statutory forms, signed, and for a conditional waiver, actually paid. Advance waivers in contracts are void. What each form does. Read the guide 7 min Commercial Real Estate Disputes Lis Pendens in Texas: What It Does and How to Remove One A Texas lis pendens is a recorded notice that a lawsuit claims an interest in the property. It can be expunged under Property Code § 12.0071 if the claim is not probably valid. Read the guide 7 min Contracts & Breach of Contract Material Breach vs. Minor Breach: Can I Stop Performing? Only a material breach excuses your performance. If the other side's failure was minor, you must keep performing and sue for damages. Guessing wrong makes you the breaching party. Read the guide 6 min Securities & Investment Disputes Misstatements in an Offering Memorandum: Investor Remedies A material misstatement in a private placement memorandum gives the buyer rescission under the Texas Securities Act without proving intent, plus Rule 10b-5 if the seller knew. Read the guide 7 min Arbitration, Mediation & Settlement Multiple Parties, Multiple Contracts: Who Decides Where the Dispute Goes Start with who signed what. Non-signatories can be bound on a few recognized theories, a delegation clause can hand the question to the arbitrator, and two proceedings may follow. Read the guide 7 min Commercial Real Estate Disputes Must a Commercial Landlord Mitigate Damages After a Tenant Leaves? Yes. Property Code § 91.006 requires a Texas landlord to mitigate when a tenant abandons the premises in violation of the lease, and any lease clause waiving that duty is void. Read the guide 6 min Business Fraud & Fiduciary Duty My Business Was Accused of Fraud. How to Defend the Claim Fraud claims fail on specific elements: no statement of fact, no knowledge, no justifiable reliance, a reliance disclaimer, the economic loss rule or limitations. Read the guide 6 min Contracts & Breach of Contract My Business Was Sued for Breach of Contract. What Happens Next? Calendar the answer deadline first: in Texas state court, 10:00 a.m. on the Monday after 20 days from service. Then preserve documents, notify your insurer, call a litigator. Read the guide 6 min Commercial Real Estate Disputes My Commercial Tenant Stopped Paying Rent. What Are My Options in Texas? A Texas commercial landlord with a non-paying tenant has five tools: notice and demand, lockout, eviction, a damages suit and the guaranty. The lease and the goal decide which. Read the guide 7 min
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