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.

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Shareholder, Partnership & LLC Disputes We Disagree on What the Company Is Worth. How Valuation Disputes Are Decided Valuation disputes turn on three things: the standard of value, whether discounts apply, and how the experts normalized the numbers. The agreement often decides the first two. 7 min readDraft Shareholder, Partnership & LLC Disputes We Never Signed a Partnership Agreement. Do We Have a Partnership? Possibly yes. Texas creates a partnership from conduct, not paperwork. Courts weigh profit sharing, intent, control, loss sharing and contributions under § 152.052. 5 min readDraft Litigation Process, Fees & Risk Weighing a Lawsuit as a Business Decision: Risk, Cost and Distraction Treat it like any capital decision: expected recovery against cost, whether the defendant can pay, management time, what discovery opens, precedent and reputation. 5 min readDraft Construction & Payment Disputes What a Construction Lawsuit Looks Like in Texas, Start to Finish From claim notices and liens through filing, the lien removal motion, experts, mediation and judgment: how a Texas construction case moves and what each stage decides. 7 min readDraft Trade Secrets, Trademarks & IP What Counts as a Trade Secret in Texas? Any business, technical or financial information that you keep secret with reasonable measures and that has value because competitors do not know it. The two conditions decide it. 6 min readDraft Contracts & Breach of Contract What Damages Can a Business Recover for Breach of Contract in Texas? The benefit of the bargain: the value of the promised performance, plus foreseeable consequential losses proved with reasonable certainty, interest and fees. No punitive damages. 6 min readDraft Litigation Process, Fees & Risk What Does a Commercial Litigation Attorney Actually Do? A commercial litigator assesses the dispute, works it before suit, pleads it, runs discovery, argues motions, negotiates, tries the case and handles the appeal. 7 min readDraft Demand Letters & Pre-Litigation What Evidence Should I Save Before Suing? Save the agreement and every version of it, every message about it, proof of what each side did, and proof of what it cost you. Keep metadata, and keep what hurts you too. 6 min readDraft Shareholder, Partnership & LLC Disputes What Fiduciary Duties Do Partners and LLC Managers Owe in Texas? Partners owe statutory duties of loyalty, care and good faith. LLC managers owe what the company agreement and case law supply. Directors owe the corporation. 6 min readDraft
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