Business Law and Litigation

Our law firm handles a variety of legal matters for our business clients—including transactions and litigation. We know how important your business is to you, and we make it our business to serve you with rigorous attention to detail and creative solutions to problems. We can represent you from the initial formation of your business and throughout the life of your business.

Non-Litigation Business Matters

Company Formation

The first step in starting a new business, at least from a business law perspective, is to decide on a legal entity structure. This is a vitally important step because the type of entity you choose will have a vast array of consequences, including: determining how your business will be taxed and how those taxes are reported, determining whether the owners may face personal liability in lawsuits filed against the business, determining whether the company must have a board of directors, determining how the company handles its shares, etc.The type of entity will also directly bear on the business relationship and agreement(s) between the owners when multiple people form a business together.

Texas law allows for the following are types of business entities:

  • Domestic Corporation
  • Foreign Corporation Operating in Texas
  • Nonprofit Corporation
  • General Partnership
  • Limited Partnership
  • Limited Liability Partnership
  • Limited Liability Company
  • Professional Corporation
  • Professional Limited Liability Company
  • Sole Proprietorship

We can help you decide which entity type is the best and most advantageous to help your new company hit the ground running.

Routine Legal Transactions

During the lifetime of your business, you will have certain routine legal, non-litigation matters come up from time to time. Remember, though, “routine” does not mean unimportant. It may be tempting to use an online legal service or canned forms from an office supply store to draft documents yourself to save money, but if you do that, you are selling your business short and likely setting yourself up for very expensive problems in the long run.

A skilled business attorney can advise you on matters involving your employees, contracts with other businesses, non-compete and non-disclosure issues, mergers and acquisitions, and so on. Furthermore, careful attention to transactional matters (such as the review and drafting of contracts) goes a long way to avoiding costly disputes later on.

Business/Corporate Litigation

Sometimes, however, disputes cannot be avoided. The dispute may be with a customer, a vendor, an employee, a lender, or even between the business owners themselves, such as in a partnership dispute. In some situations, the resolution may be as simple as the renegotiation of a contract, but other situations may devolve into litigation.When this happens, it is critical to have an experienced corporate attorney on your team.

Breach of Contract

Chances are, if you own a business, your company is party to several contracts at any given time. Commercial contractual relationships may include agreements with landlords, business partners, current and former employees, suppliers, creditors, insurance companies, etc. It is not surprising then that one of the most, if not the very most, common types of commercial lawsuits are contractual disputes, including breach-of-contract suits. A breach of contract happens when a party to the contract does not meet its responsibilities and duties as stated in the contract.

Although many people believe contracts are written and signed documents, the truth is that contracts don’t have to be in writing to be enforceable. Oral contracts are permissible under Texas law. Furthermore, Texas law and the Uniform Commercial Code also allow contracts to be implied between parties in a recurring course of business. Putting a contract in writing is the best practice, but it is important to realize that you may be subject to contracts that haven’t been reduced to writing.

If someone has breached a contract with your company, you should consult with an experienced commercial lawyer. Sometimes you may be able to reach a pre-litigation settlement or simply renegotiate the contract to make it work better for both parties and thus avoid litigation. Other times, litigation is inevitable. In those situations, a skilled business litigator is crucial to your case. Remember that a party who proves breach of contract in court is entitled to recover payment for attorneys’ fees in a breach of contract suit.

Deceptive Trade Practices

Texas has among the best consumer protection laws in the United States. Our Deceptive Trade Practices Act, in particular, is a very powerful consumer-protection tool.

To qualify as a consumer for DTPA protection, the plaintiff must have acquired or sought to acquire goods or services for purchase or lease. Consumers under the DTPA are protected against false, misleading, and deceptive business practices, as well as unconscionable actions and breaches of warranty. A successful plaintiff in a DTPA case may be able to recover up to three times his or her economic damages (called “treble damages”) as well as his or her attorneys’ fees.

You may be wondering what the DTPA has to do with business/corporate law. It is possible that your business may face a DTPA claim as a defendant if you interact with consumers. In such situations, you need an experienced DTPA attorney to help you present your side fairly and avoid the barrage of damages that a DTPA claim can carry. Furthermore, depending on the size of your business, your company itself may be able to pursue a DTPA claim as a plaintiff. Under the Texas Deceptive Trade Practices Act, businesses with less than $25M in assets are considered consumers for the purposes of protection under the DTPA.

Other Business Law Matters

In addition to the types of cases described above, this firm also handles othermatters for our corporate clients, including:

  • Arbitration Representation
  • Breach of Fiduciary Duty
  • Breach of Warranty
  • Business Disparagement
  • Business Fraud
  • Collections
  • Commercial Landlord/Tenant Disputes
  • Common-law Fraud
  • Construction Defects
  • Corporate Law Disputes
  • Debt Collection
  • Defamation
  • Due Diligence
  • Employer/Employee Issues
  • Enforcement of Judgments
  • Eviction
  • Fraud
  • Fraud by Nondisclosure
  • Insurance Coverage Disputes
  • Intellectual Property Issues
  • Joint Ventures
  • Labor Disputes
  • Negligent Misrepresentation
  • Non-Compete/Non-Disclosure Violations
  • Partnership Agreements
  • Partnership Disputes
  • Premises Liability
  • Sale of Business
  • Shareholder Agreements
  • Shareholder Disputes
  • Statutory Fraud
  • Start-Ups
  • Subcontractor Disputes
  • Tortious Interference with an Existing Contract
  • Tortious Interference with Prospective Relations
  • UCC Issues
  • Unfair Competition