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 5 of 31Showing 37 to 45

Securities & Investment Disputes Can I Recover If the Company I Invested In Is Insolvent? Equity is paid last and securities-fraud claims are subordinated in bankruptcy, so recovery usually comes from control persons, sellers, professionals and insurance. 6 min readDraft Trade Secrets, Trademarks & IP Can I Stop a Former Employee Before They Actually Use My Trade Secrets? Yes, with evidence of a real threat. Texas and federal law allow injunctions against threatened misappropriation, but not merely because the employee knows your secrets. 7 min readDraft Securities & Investment Disputes Can I Sue an Investment Advisor for Fraud? Yes. An investor can sue an advisor for fraud under Texas common law, the Texas Securities Act and federal law. What matters: what was said, what you lost, when you found out. 5 min readDraft Contracts & Breach of Contract Can I Sue an Out-of-State Company for Breach of Contract in a Texas Court? Yes, if the company has enough ties to Texas for a Texas court to have jurisdiction over it, and no forum-selection clause sends the case elsewhere. A contract alone may not do. 7 min readDraft Trade Secrets, Trademarks & IP Can I Sue for Trademark Infringement Without a Registration? Yes. Section 43(a) of the Lanham Act and Texas common law protect unregistered marks. You must prove the mark is distinctive, you used it first and confusion is likely. 7 min readDraft Shareholder, Partnership & LLC Disputes Can I Sue My Business Partner in Texas? Yes. Texas law lets a partner or LLC member sue a co-owner for breach of the agreement, fiduciary duty, fraud or an accounting. The claim, court and deadline turn on the facts. 5 min readDraft Contracts & Breach of Contract Can I Sue Someone for Breaking a Contract in Texas? Yes, if a valid contract existed, you performed, the other side did not, and you lost money. Harder questions: what you can recover, where you sue, and whether it is worth it. 4 min readDraft Commercial Real Estate Disputes Can My Business Break Its Commercial Lease in Texas? A Texas business can leave early, but the lease sets the price. The options: a termination clause, a negotiated exit, assignment or sublease, or a landlord breach. 7 min readDraft Contracts & Breach of Contract Can My Company Terminate a Contract Early Without Getting Sued? Only if the contract gives you an exit, the other side materially breached, or you negotiate a release. Otherwise leaving early is a breach, and the question is what it costs. 6 min readDraft
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