TINA WYSKCommercial Litigation Attorney

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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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Commercial Real Estate Disputes Co-Owners Who Disagree: Partition of Jointly Owned Property in Texas Any Texas co-owner may demand partition under Property Code chapter 23. The court divides the land in kind if it fairly can, and orders a sale if it cannot. 7 min readDraft Commercial Real Estate Disputes Commercial Lease Disputes in Texas: Rights of Landlords and Tenants In Texas a commercial lease is governed mostly by its own words. The Property Code adds a few fixed rules on lockouts, eviction, deposits and mitigation. How the pieces fit. 6 min readDraft Commercial Real Estate Disputes Commission Disputes With a Commercial Real Estate Broker in Texas In Texas a broker can sue for a commission only on a writing signed by the party to be charged (Occ. Code § 1101.806). Property Code chapter 62 adds a lien on commercial deals. 6 min readDraft Contracts & Breach of Contract Common Defenses When Your Business Is Accused of Breaching a Contract The strongest defenses attack the claimant's case: no valid contract, no breach, the claimant breached first, or no damages. Then the affirmative defenses, pleaded or lost. 7 min readDraft Construction & Payment Disputes Construction Defect Claims in Texas: Who Is Liable and for How Long In Texas the party who promised the work is liable in contract, designers for their own errors, and the deadlines stack: four years, two years, and a ten-year outer limit. 5 min readDraft Employer Disputes & Non-Competes Contractor Misclassification Claims Against a Texas Business Three different agencies apply three different tests, and a signed 1099 agreement decides none of them. What each claim looks like and how a Texas business answers it. 7 min readDraft Employer Disputes & Non-Competes Counterclaims Against a Former Employee Who Sues the Company Only with a real claim. A counterclaim from the same facts must be filed with the answer, it can be attacked as retaliation, and a weak one costs more than it recovers. 7 min readDraft Securities & Investment Disputes Crowdfunding and Digital Asset Investment Disputes Crowdfunded shares and most investment tokens are securities, so Texas and federal fraud rules apply. The hard part is finding a solvent, reachable defendant. 6 min readDraft Trade Secrets, Trademarks & IP Damages in Trade Secret Cases: Lost Profits, Unjust Enrichment and Royalties Texas and federal law allow actual loss plus the defendant's unjust enrichment, or a reasonable royalty, with exemplary damages up to twice that for willful conduct. 7 min readDraft
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