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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Contracts & Breach of Contract When Does a Force Majeure Clause Excuse Performance in Texas? Only when the event fits the clause's words, caused the failure to perform and the required notice was given. Texas has no general force majeure doctrine; the contract is the rule. 6 min readDraft Demand Letters & Pre-Litigation When Should a Business Owner Bring in a Litigation Attorney? Earlier than most owners do: when real money is at stake, when the other side has a lawyer, when a deadline or statute appears, or when you may need a court order. 6 min readDraft Trade Secrets, Trademarks & IP When to Sue Under the Federal Defend Trade Secrets Act Sue under the DTSA when you want federal court: an out-of-state defendant, a multi-state case, or a federal claim to pair with it. The substance is nearly the same as Texas law. 8 min readDraft Litigation Process, Fees & Risk Where Can My Business File Suit? Venue Rules in Texas Texas venue starts with the general rule: where the events happened or where the defendant lives or has its principal office. Land and major-deal rules override it. 5 min readDraft Trade Secrets, Trademarks & IP Where Do IP Disputes Get Decided? Federal Court, State Court or Arbitration Patent and copyright: federal court only. Trademark: either court. Trade secret and contract claims: Texas state court unless diversity or a federal claim moves them. 7 min readDraft Securities & Investment Disputes Who Else Is Liable? Control Persons and Aiders Under the Texas Securities Act Anyone who controlled a seller is jointly liable unless they could not have known the facts; anyone who materially aided a sale with intent or recklessness is liable too. 5 min readDraft Business Fraud & Fiduciary Duty Who Owes a Fiduciary Duty in a Texas Business? Partners, agents, corporate officers, trustees and attorneys owe fiduciary duties as a matter of Texas law. Others owe them only if a relationship of trust predated the deal. 6 min readDraft Trade Secrets, Trademarks & IP Who Owns the Software, Designs or Content My Contractors Created? Employees' work within their job belongs to the employer. A contractor keeps the copyright unless a signed writing transfers it; paying for the work is not enough. 8 min readDraft Litigation Process, Fees & Risk Who Pays Attorney's Fees? The American Rule and Its Texas Exceptions Texas follows the American rule: each side pays its own lawyer unless a statute or contract shifts fees. Exceptions: contract claims, fee clauses, several statutes, sanctions. 6 min readDraft
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