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 20 of 31Showing 172 to 180

Commercial Real Estate Disputes Real Estate Joint Venture and Investor Disputes Most Texas real estate JV fights come down to the venture agreement: capital calls, promote and waterfall, removal of the sponsor, and the duties it expands or limits. Read the guide 7 min Securities & Investment Disputes Real Estate Syndication Disputes: Sponsors and Passive Investors Syndication interests are securities, so sponsors face the Texas Securities Act for what they said in the raise, plus fiduciary and contract duties for how they ran the deal. Read the guide 5 min Trade Secrets, Trademarks & IP Reasonable Measures: Protecting Trade Secrets Before Anyone Leaves Courts protect only secrets you protected first. Identify them, limit access, put confidentiality in writing with the federal notice, and run the same exit process every time. Read the guide 7 min Securities & Investment Disputes Recovering Losses From a Ponzi Scheme: Receivers, Clawbacks and Claims Ponzi losses come back three ways: a receiver or trustee distributes what is left, clawbacks recover payouts from net winners, and victims sue those who sold or aided the scheme. Read the guide 6 min Business Fraud & Fiduciary Duty Recovering Stolen Business Assets: Constructive Trusts and Tracing A judgment against a thief who is broke is paper. Constructive trusts, tracing, equitable liens and fraudulent transfer claims follow the money into what it became. Read the guide 7 min Business Fraud & Fiduciary Duty Remedies for Breach of Fiduciary Duty: Disgorgement, Fee Forfeiture and More A fiduciary who breaches can be made to pay your losses, give up the profits and fees they earned and return property, even without proof of loss. Punitive damages need more. Read the guide 6 min Trade Secrets, Trademarks & IP Remedies in a Trademark Case Under the Lanham Act A court can order the infringer to stop, award its profits and your damages, increase damages up to three times, order destruction and, in exceptional cases, award fees. Read the guide 7 min Shareholder, Partnership & LLC Disputes Remedies When a Partner Breaches the Partnership or Operating Agreement An operating or partnership agreement is a contract Texas courts enforce: damages, specific performance of buy-sell terms, injunctions, an accounting and attorney's fees. Read the guide 6 min Commercial Real Estate Disputes Renewal Options and Holdover Tenancies: Common Fights in Commercial Leases Texas courts require strict compliance with a renewal option's notice terms. A tenant who stays past the term owes holdover rent under the lease and can be evicted. Read the guide 6 min
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