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 24 of 31Showing 208 to 216

Business Fraud & Fiduciary Duty The Business I Bought Was Misrepresented. Claims Against the Seller A misled buyer usually has two tracks: the purchase agreement's representations and indemnity, and fraud claims that can escape the agreement's caps. The contract decides which. Read the guide 7 min Commercial Real Estate Disputes The Buyer Walked Away. Earnest Money Disputes in Texas When a commercial buyer walks, the contract decides who keeps the earnest money. Texas enforces forfeiture as liquidated damages if it was a reasonable forecast, not a penalty. Read the guide 6 min Securities & Investment Disputes The Company I Lent Money To Defaulted on Its Notes. Investor Remedies You hold a lender's contract remedies on the note and guaranty and, if the note was sold as an investment, an investor's securities claims against the people who sold it. Read the guide 6 min Shareholder, Partnership & LLC Disputes The Company Is Profitable but I Am Not Being Paid Distributions Texas gives a member no right to a distribution until the managers declare one, unless the agreement says otherwise. The claim lies in the agreement or in disguised insider pay. Read the guide 5 min Demand Letters & Pre-Litigation The Demand Letter Gives Me 10 Days. Is That Deadline Real? A deadline the sender chose binds nobody. What passes on that date is the sender's patience, not a legal right. Real deadlines come from statutes, rules and contracts. Read the guide 6 min Demand Letters & Pre-Litigation The Demand Letter Is Partly Right. How to Respond When You Owe Something Pay or tender what you owe within 30 days, dispute the rest in writing with documents, and keep the two separate. The undisputed part cuts off the other side's fee claim. Read the guide 7 min Business Fraud & Fiduciary Duty The Economic Loss Rule: Why Some Fraud and Negligence Claims Fail in Texas The economic loss rule keeps a contract dispute from becoming a tort case and bars negligence claims for purely economic loss between strangers. Fraudulent inducement escapes it. Read the guide 6 min Employer Disputes & Non-Competes The FTC Non-Compete Ban: Where It Stands and What It Means for Texas Employers No federal ban is in effect. The FTC's 2024 rule was set aside by a Texas federal court, the FTC abandoned its appeal in 2025 and removed the rule in 2026. Texas law governs. Read the guide 5 min Construction & Payment Disputes The General Contractor Was Paid but Did Not Pay Me. Subcontractor Rights in Texas An unpaid subcontractor can reach the owner's withheld funds through lien notices, charge Prompt Payment Act interest, and pursue the GC's principals under the Trust Fund Act. Read the guide 5 min
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