If you as a consumer or your business has been harmed by a breach of warranty or any false, misleading or deceptive business practice, Texas law may offer you recourse. The Texas Deceptive Trade Practices Consumer Protection Act (DTPA) allows consumers, including...
I want to sue for breach of contract. How do I get started?
If a customer, vendor, supplier or other company has breached its contract with you, it can be tempting to file a lawsuit immediately. It’s a matter of principle that a contract breach should not be tolerated, and you should receive compensation for your losses and...
Should your business dispute be handled as a civil RICO case?
The Racketeer Influenced and Corrupt Organizations Act, or RICO, is a federal law meant to fight organized crime. It has a criminal component that is often used to prosecute the mafia and drug traffickers. It also has a civil component that allows private citizens to...
How do you settle a business dispute out of court?
If you’re involved in a business dispute right now, you may want more than ever to keep it out of court. The courts are working very slowly at the moment, and it could be some time before they return to normal operations. Even in the best of times, litigation is...
Has the pandemic frustrated the purpose of your contract or lease?
If you can’t perform your contract, you may have a defense due to the COVID-19 pandemic. It is possible that you do. In Texas, your duties under a contract are sometimes dischargeable due to “frustration of purpose,” among other defenses. Frustration of purpose is...
Should I arbitrate my business dispute?
You’ve probably heard that arbitration is a good option for businesses dealing with disputes, but you may not know much about it. It is a process much like courtroom litigation, except that it is somewhat less formal in terms of both procedure and rules of evidence....
8 tips for resolving business disputes through mediation
In today’s challenging environment, no one wants a costly business dispute taking their time and attention away from keeping their business operating. Worse would be litigation, which can be expensive, time-consuming and uncertain. One way to resolve business disputes...
Has your business experienced insurance bad faith?
If your insurance claim has been unfairly denied, delayed or underpaid, there is a chance this was the result of bad faith on the part of the insurance company. If it is, in Texas you could be eligible for treble damages (three times your actual damages). Bad faith is...
Should you require COVID-19 liability waivers?
With a global pandemic underway, a lot of companies are requiring their employees and/or customers to sign liability waivers in case they get COVID-19. Should your business do this? Consider that your liability for COVID-19 exposure is unclear, especially if you...
Businesses need to take any potential lawsuit seriously
Business owners have a bottomless list of concerns they need to address. While keeping the lights on is at the top of that list, it is a mistake to overlook or ignore potential lawsuits regardless of the apparent validity of the claim. Most threats of legal action for...