Knowledge library
Business Fraud & Fiduciary Duty
Misrepresentation, fraudulent inducement, nondisclosure, embezzlement and breach of fiduciary duty: elements, remedies, defenses and deadlines under Texas law.
24 guides on business fraud & fiduciary duty, page 1 of 3Showing 1 to 9
Business Fraud & Fiduciary Duty
An Officer or Employee Embezzled From My Company. Civil Remedies in Texas
Yes, the company can sue. Texas gives claims for conversion, civil theft with fee recovery, breach of fiduciary duty and fraud, plus tools to freeze and trace the money.
Business Fraud & Fiduciary Duty
Can a Business Sue Under the Texas Deceptive Trade Practices Act?
Yes, if it bought or leased goods or services, is under the asset limit, and the deal is under the DTPA's transaction-size exemptions. Large deals with counsel are usually out.
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.
Business Fraud & Fiduciary Duty
Civil Conspiracy and Knowing Participation in Another's Fraud or Breach
Texas lets you reach the people who helped: conspirators are liable for the underlying tort, and those who knowingly aided a fiduciary breach are liable as joint tortfeasors.
Business Fraud & Fiduciary Duty
Claims Against Accountants and Advisors Who Missed or Hid Fraud
An accountant is liable for missed fraud only if the engagement required them to look for it and the work fell below the professional standard. Third parties face a narrower rule.
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.
Business Fraud & Fiduciary Duty
Fraud by Nondisclosure: When Silence Becomes Fraud in Texas
Silence is fraud in Texas only when there was a duty to speak: a fiduciary relationship, a partial disclosure, or new facts that made an earlier statement misleading.
Business Fraud & Fiduciary Duty
How Forensic Accountants Are Used in Fraud Litigation
A forensic accountant traces the money, rebuilds the books and quantifies the loss. Whether their work is protected or disclosed depends on how they are retained.
Business Fraud & Fiduciary Duty
How to Prove Fraud in a Texas Business Dispute
Fraud in Texas requires a false material statement, made knowingly or recklessly, meant to be relied on, justifiably relied on, and a resulting loss. Here is the evidence for each.