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 8 of 31Showing 64 to 72

Business Fraud & Fiduciary Duty Deadline to Sue for Fraud or Breach of Fiduciary Duty in Texas Four years from accrual for fraud and for breach of fiduciary duty in Texas. Hidden wrongs can delay the start, but courts apply that narrowly, and some claims run in two years. Read the guide 6 min Securities & Investment Disputes Deadlines for Securities Claims in Texas and Federal Court Texas Securities Act claims: three years from discovery, five from the sale. Rule 10b-5: two and five. Texas fraud: four years. Repose periods do not move. Read the guide 6 min Commercial Real Estate Disputes Deed Restriction Disputes on Commercial Property in Texas Commercial deed restrictions in Texas are enforced as written, liberally construed under Property Code § 202.003, by owners in the scheme or an association, mostly by injunction. Read the guide 6 min Employer Disputes & Non-Competes Defending Your Business Against a Wrongful Termination Claim in Texas Texas has no general wrongful termination claim. The former employee must fit an exception: discrimination, retaliation, refusal to commit a crime, workers' comp or contract. Read the guide 7 min Construction & Payment Disputes Delay Claims and Liquidated Damages on Construction Projects Texas enforces no-damages-for-delay clauses except for owner interference or bad faith, and liquidated damages only when the harm was hard to estimate and the sum a fair forecast. Read the guide 5 min Litigation Process, Fees & Risk Deleted Emails and Lost Data: Spoliation Consequences in Texas Once a claim is reasonably likely, deleting relevant data is spoliation. Texas courts can award fees, strike pleadings or let the jury presume lost evidence was unfavorable. Read the guide 6 min Demand Letters & Pre-Litigation Demand Letter for an Unpaid Invoice: What to Include An invoice demand letter states the contract, the invoices and the exact amount owed, sets a payment deadline and says what follows. It also starts the clock on attorney's fees. Read the guide 6 min Demand Letters & Pre-Litigation Demand Letter or Lawsuit: Which Should Come First? For most business disputes the letter comes first: it is cheaper and protects a fee award. Filing first is right when a warning would cost you time, evidence or forum. Read the guide 6 min Litigation Process, Fees & Risk Depositions: What Business Owners Should Expect A deposition is sworn testimony outside court. In Texas each side gets six hours per witness, objections are limited to form, and nearly every question must be answered. Read the guide 5 min
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