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 26 of 31Showing 226 to 234

Construction & Payment Disputes The Texas Construction Trust Fund Act: Misapplied Payments and Personal Liability Construction payments in Texas are trust funds for the subs and suppliers on that job. A contractor, or its officers, who spends them elsewhere first can be personally liable. 7 min readDraft Construction & Payment Disputes The Texas Prompt Payment Act: Interest and Deadlines on Construction Payments On private Texas projects an owner pays within 35 days, a contractor pays subs within seven days, late amounts earn 1.5 percent a month, and work may stop after notice. 5 min readDraft Construction & Payment Disputes The Texas Residential Construction Liability Act: Notice Before Suing a Builder Sixty days' certified-mail notice, an inspection and a repair offer come before any suit over a defect in a Texas home. Without them the suit is abated or recovery capped. 7 min readDraft Securities & Investment Disputes The Texas Securities Act: Claims by Investors and Defenses The Texas Securities Act lets a buyer rescind or recover damages for sales by untrue statements or without registration, with no proof of intent required. 5 min readDraft Business Fraud & Fiduciary Duty The Texas Theft Liability Act in Business Disputes The Act turns Penal Code theft into a civil claim with mandatory attorney's fees for whoever wins, including the defendant. Powerful on strong facts, costly on weak ones. 6 min readDraft Trade Secrets, Trademarks & IP The Texas Uniform Trade Secrets Act, Explained TUTSA is the Texas statute that defines misappropriation, allows injunctions and damages, permits fee awards in defined cases, and makes courts protect the secret during the suit. 7 min readDraft Trade Secrets, Trademarks & IP Unfair Competition and Misappropriation Claims in Texas In Texas, unfair competition is an umbrella, not a freestanding claim. You need an underlying wrong: passing off, misappropriation, false advertising or interference. 7 min readDraft Securities & Investment Disputes Unsuitable Investments and Churning: Claims Against Brokers A broker needs a reasonable basis to believe each recommendation, and the trading pattern as a whole, fits the customer. Both claims are proved from the account records. 6 min readDraft Securities & Investment Disputes Was the Investment an Unregistered Security? Rescission in Texas If the deal was a security sold in Texas without registration or a valid exemption, the buyer may rescind and recover the price with interest, with no misstatement required. 6 min readDraft
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