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 3 of 31Showing 19 to 27

Arbitration, Mediation & Settlement Are Mediation and Settlement Discussions Confidential? Mostly yes. Texas keeps mediation communications confidential and settlement offers out of trial. The exceptions and the deal itself are the catch. 6 min readDraft Shareholder, Partnership & LLC Disputes Asking a Court to Appoint a Receiver or Dissolve a Texas Company Texas courts can appoint a receiver over one asset, over the whole business, or to liquidate it, and can order a partnership or LLC wound up. Each order has strict grounds. 6 min readDraft Commercial Real Estate Disputes Boundary and Easement Disputes Between Property Owners in Texas Boundary fights go to trespass to try title or, if only the line is at issue, declaratory judgment. Easements arise by grant, necessity, prior use, estoppel or prescription. 7 min readDraft Contracts & Breach of Contract Breach of Warranty Claims Between Businesses in Texas A warranty claim asks whether goods matched what was promised, expressly or by law. Texas requires notice within a reasonable time and allows four years from delivery. 7 min readDraft Commercial Real Estate Disputes CAM Charges and Operating Expense Disputes in Commercial Leases CAM fights are decided by the lease's definitions, caps, exclusions and audit clause. In Texas a landlord may not assess a charge the lease does not state (Property Code § 93.012). 6 min readDraft Business Fraud & Fiduciary Duty Can a Business Sue Under the Texas Deceptive Trade Practices Act? Yes, if it bought or leased goods or services, is under the asset limit, and the deal is under the DTPA's transaction-size exemptions. Large deals with counsel are usually out. 6 min readDraft Commercial Real Estate Disputes Can a Commercial Landlord Lock Out a Tenant in Texas? Yes, for unpaid rent only, and only with the notice Property Code § 93.002 requires on the door. Done wrong, a lockout gives the tenant damages, fees and a fast writ of reentry. 7 min readDraft Contracts & Breach of Contract Can a Contract Cap the Damages I Can Recover? Limitation of Liability in Texas Usually yes. Texas enforces damages caps and consequential damages waivers between businesses as written. The limits: unconscionability, essential purpose, fair notice, fraud. 6 min readDraft Contracts & Breach of Contract Can a Court Force the Other Side to Perform? Specific Performance in Texas Sometimes. Specific performance is an equitable remedy for when money cannot replace what was promised: land, unique goods, a stake in a company. You must have performed too. 6 min readDraft
CallDiscuss Your Matter