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.

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Trade Secrets, Trademarks & IP A Vendor or Partner Breached Our NDA. What Can I Do? A breached NDA is a breach of contract: sue for damages, seek an injunction and, if the information is a trade secret, add TUTSA and federal claims. 7 min readDraft Arbitration, Mediation & Settlement AAA, JAMS or Private: How Arbitrators Are Chosen and Why It Matters Your contract decides the method. If silent, the provider's rules fill in: the AAA sends a list to strike and rank, or each side appoints one and they pick a chair. 7 min readDraft Commercial Real Estate Disputes Adverse Possession Claims in Texas: What Property Owners Should Know Texas adverse possession runs 3, 5, 10 or 25 years depending on the claimant's paperwork and always needs visible, exclusive, hostile possession. A suit stops the clock. 7 min readDraft Employer Disputes & Non-Competes An Executive Breached Their Employment Agreement. What Are the Company's Options? The company can terminate for cause, withhold or recover conditional compensation, enforce restrictive covenants and sue for damages. The agreement decides which tool fits. 6 min readDraft Business Fraud & Fiduciary Duty An Officer or Employee Embezzled From My Company. Civil Remedies in Texas Yes, the company can sue. Texas gives claims for conversion, civil theft with fee recovery, breach of fiduciary duty and fraud, plus tools to freeze and trace the money. 6 min readDraft Litigation Process, Fees & Risk Appealing a Business Case in Texas: Timing, Bonds and What to Expect A notice of appeal is due 30 days after the judgment is signed, 90 with a post-judgment motion. A bond suspends collection. The appeal reviews the record, not new facts. 7 min readDraft Employer Disputes & Non-Competes Arbitration Agreements With Employees: Enforceable, and Worth It? Yes, Texas and federal law enforce employee arbitration agreements, including class waivers, if the employee had notice and accepted. Sexual harassment claims are the exception. 7 min readDraft Arbitration, Mediation & Settlement Arbitration vs. Court: What Is the Difference for a Business Dispute? Arbitration is a private decision by an arbitrator the parties chose, with limited discovery and almost no appeal. Court is public, rule-bound and reviewable. 6 min readDraft Contracts & Breach of Contract Are Liquidated Damages Clauses Enforceable in Texas? Yes, if the harm from breach was hard to estimate when the contract was signed and the amount was a reasonable forecast of it. A clause that operates as a penalty is not enforced. 5 min readDraft
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