TINA WYSKCommercial Litigation Attorney

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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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Demand Letters & Pre-Litigation Can a Demand Letter Cross the Line Into Defamation or Extortion? A demand letter that threatens a lawsuit over a real claim is lawful and privileged. It crosses the line when it threatens criminal charges or accuses you to third parties. 6 min readDraft Arbitration, Mediation & Settlement Can a Party Back Out of a Mediated Settlement Agreement? Once signed, no. A written settlement reached at mediation is enforceable like any other contract in Texas; withdrawing consent only blocks an agreed judgment. 5 min readDraft Arbitration, Mediation & Settlement Can an Arbitration Award Be Appealed or Vacated? There is no appeal of the merits. A court may vacate an award only for fraud, partiality, misconduct or exceeded powers, and only if asked within three months or 90 days. 5 min readDraft Trade Secrets, Trademarks & IP Can an Employee Take My Customer List? Texas Trade Secret Law Usually not. Texas names customer lists as possible trade secrets, but only if you kept the list secret and it has value competitors cannot easily rebuild. 6 min readDraft Contracts & Breach of Contract Can Emails and Text Messages Form a Binding Contract in Texas? Yes. Texas gives electronic records the same effect as paper. An email thread showing agreement on the essential terms can be a contract, and a typed name can be a signature. 5 min readDraft Arbitration, Mediation & Settlement Can I Avoid Arbitration and Go to Court? Only on narrow grounds: the clause does not cover the dispute, the other side waived it by litigating, it was unconscionable, or it was never agreed to. 6 min readDraft Contracts & Breach of Contract Can I Get Paid Without a Signed Contract? Quantum Meruit and Unjust Enrichment in Texas Often, yes. Texas enforces oral and implied contracts, and where no contract can be proved, quantum meruit recovers the reasonable value of work the other side knowingly accepted. 6 min readDraft Business Fraud & Fiduciary Duty Can I Get Punitive Damages for Fraud in Texas? Yes, if fraud is proven by clear and convincing evidence to a unanimous jury. Texas caps the award at the greater of twice economic damages plus noneconomic damages, or $200,000. 6 min readDraft Contracts & Breach of Contract Can I Recover Attorney's Fees If I Win a Contract Case in Texas? Yes, if you win damages on the contract claim, presented it first and waited 30 days. Since 2021 the statute reaches LLCs and partnerships, not only corporations. 5 min readDraft
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