Business Litigation

Quantum Meruit: Recovering on a Contract When There Is no Contract

When two parties enter into a contract for goods or services, the parties generally create a set of responsibilities to one another. Each side is obligated to perform their part of the contract in exchange for the performance by the other side. A contract that would be upheld by a court is called an enforceable…

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What to Expect when You’re Expecting (A lawsuit)

Clients often ask, “Can they sue me for this?” The answer is always, “yes, they can file a lawsuit for anything; that doesn’t mean they can win.” In business and in life, people find themselves in conflicts, and often times threats about suing are thrown around. People tend to have an expectation that getting sued…

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Am I a Target for a Lawsuit?

A common question clients ask after being sued is, “What could I have done differently to have avoided a lawsuit?” At the outset of a lawsuit, a careful plaintiff will consider the answer to three questions: Can I prove the Defendant is liable? – Simply put, was the Defendant in the wrong? It could be…

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Eight Common Legal Mistakes Business Owners Make

Nothing conveys the American Dream much more than owning your own business. To some, there’s nothing better than having the ability to call your own shots and be the head of a company or organization. However, it’s highly important to make sure you have all your ducks in a row from a legal standpoint to…

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I Loaned My Friend/Family Member Money—Can I Get it Back?

Sometimes family members or close friends will be in need of some assistance, and ask for a personal loan. It is important to understand that a loan to another person is a contract, and Texas law has rules governing contracts. Becoming a lender for someone is typically a bad idea when that is not your…

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Procedure, the Sword and Shield

“I’m done with this! I just want to sue him,” the client says over the phone, “I’m just done.” I reply that we can get everything underway for the litigation, but that it takes time. People who feel that they have been wronged are interested in justice for themselves. There is an understandable frustration, and…

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Five Common Business Law Mistakes

Starting a business can be an exciting-yet-scary venture in life. There are so many different factors to consider during the start-up process that go beyond simply picking out the perfect name, office space, equipment and amenities. With a multitude of loose ends to tie up, decisions to make and documents to sign, it’s not unheard…

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The Cost of Doing Business

Tale of Two Businesses (A Business Parable) Two entrepreneurs went to visit an attorney’s office. One was named Joe Pennypincher, the other was Patrick Preparedman. They each wanted to start a business and needed documents drawn up. At each of their consults, the attorney explained how he would go through and get the important factors…

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Business Divorce in Texas

When I was young, my father told me to never get into a 50/50 ownership arrangement with your business partner. Now that I’ve grown into an attorney who sometimes deals with these businesses, I thought it might be useful to talk about some of the ways to avoid a 50/50 situation or some considerations that…

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What Are the Civil Litigation Steps?

Whenever civil disputes between parties escalate to heightened levels of agitation and disagreement, civil litigation may be the only means of settling the issues. Civil litigation is a legal process that occurs after one party files a lawsuit against another party. It involves numerous policies, laws and protocols that are quite complex that only an…

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