Business Litigation

Understanding Anticipatory Contract Breaches

Know Your Rights: Understanding Anticipatory Contract Breaches When one party to a contract fails to live up to its end of the bargain, this is called a breach. There are different types of contract breaches recognized in Texas law. One of the more common is an anticipatory breach. Below, our Dallas business law attorneys explain [...]

Challenging a Bankruptcy Discharge

How do You Challenge a Debtor's Right to Discharge in Bankruptcy? A commercial bankruptcy proceeding often has a significant impact on the rights of creditors. In a Chapter 7 filing, for example, the debtor business is looking to liquidate, which means most unsecured creditors will get pennies on the dollar for what they are owed. [...]

2018-11-29T13:31:20-05:00November 20th, 2018|Bankruptcy|

Protect Your Intellectual Property Rights

Access to seemingly endless information at our fingertips makes it more important than ever for business owners to proactively protect their intellectual property. The type of intellectual property protection needed depends on your property. There are four types of intellectual property protection available under U.S. law: Original material has copyright protection. Musical scores, plays, books, [...]

2018-08-02T11:57:02-05:00April 6th, 2018|Business Litigation|

Misrepresentation of Material Fact in Commercial Real Estate

Texas has laws about truthfully representing the facts about commercial real estate for sale. For example, sellers must supply any certificates of mold damage remediation gathered in the last five years, as well as written notice of storage tanks on the property and compliance with construction requirements. When sellers don’t truthfully represent the condition of [...]

2018-08-02T11:57:02-05:00March 23rd, 2018|Fraud, Real Estate|

Breach of Warranty Claims

When a manufacturer or seller makes a guarantee about its product, consumers buy with more confidence. Some products, however, do not perform as promised. When this occurs, the Texas Deceptive Trade Practices Consumer Protection Act (DTPA) is there to protect the consumer. The DTPA protects buyers against sellers who make “false, misleading, or deceptive acts [...]

Deceptive Marketing and False Advertising

The U.S. Federal Trade Commission (FTC), created in 1914, is charged with protecting the public from harmful products and unfair business practices. The FTC helps maintain a fair and competitive marketplace in which all businesses can thrive. To do this, the FTC enforces high standards concerning deceptive marketing practices and false advertising. This is done [...]

Enforcing Non-Compete Agreements in Texas

The non-compete statute of the Texas Business and Commerce Code specifies some rules for businesses that want to have employees sign non-compete agreements. Employers have had their workers sign these agreements for many years, but they’ve usually had a hard time actually enforcing a non-compete agreement when employees have violated them. The courts have usually [...]

Status of Minority Shareholder Oppression in Texas

In an ideal world, everyone gets a fair deal. In the real world, however, the powerless are often given a raw deal by the powerful. Texas minority shareholder oppression is a perfect example of this. Shareholder oppression occurs when the minority shareholders in a corporation are unfairly treated by the majority shareholders. It occurs more [...]

Power of Attorney Misuse

A power of attorney is a document that authorizes a person or organization (the agent or attorney-in-fact) to represent or act on behalf of another person or organization (the principal, grantor or donor) in making decisions and taking actions relating to private affairs, business dealings, health care or legal matters. It is often a good [...]

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