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.
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.
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.
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.
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.
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.
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.
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.
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.