Disagreements with a supplier, vendor, competitor, client, or customer are common in any industry. Many disputes can be resolved by a frank discussion between the parties. But when one side ceases being rational or becomes intent on taking advantage of the other, then it requires an attorney skilled in business disputes to make the other side fully aware of and responsible for the consequences.
Wright Commercial Litigation’s principal attorney, Jason E. Wright, is a seasoned business litigation attorney who has substantial experience resolving commercial disputes throughout Texas with a focus on practice in McKinney, Collin County, Dallas, Fort Worth, and beyond for small to midsize clients. He can work strategically behind the scenes or out in front to find practical solutions whenever possible through advanced resolution skills (backed up by well-reasoned legal analysis and broad experience), while at the same time preparing a case to prevail at trial if that becomes necessary. Jason is respected by clients, peers, and opposing counsel alike for his professionalism, thoughtful analysis, and reasonable approaches to resolving challenging disputes, whether at the bargaining table or in the courtroom.
No matter the business legal issue, Wright Commercial Litigation works proactively to advance your interests with a thorough case evaluation, frank assessment of the merits, and early planning for trial and post-judgment matters that leads not only to a more effective pre-suit negotiation and potential settlement, but also highly developed litigation, discovery, and trial practices all focused on the end goal of winning a favorable judgment in court (or arbitration) and collecting a recovery.
Contact the firm today to set up a no-cost evaluation of your business issue.
Experienced With All Types of Business Litigation and Disputes
The types of legal issues that a business may face on the commercial side of their operations can be multifaceted and include any one or more of the following, each of which Wright Commercial Litigation has experience helping small and midsize businesses resolve:
Breach of Contract
The majority of disagreements for any business revolve around contractual rights, with one or both sides asserting the other broke a promise or failed to fulfill an obligation that was owed to them pursuant to a written or oral agreement. Wright Commercial Litigation leverages more than a decade of experience with all types of business contracts—everything from basic purchase or supply agreements to exclusive dealing and requirements contracts on through the most sophisticated private equity transactions that can involve dozens of representations and warranties, limitations of liability, and intricate indemnification provisions—to provide clients with sound legal advice and representation for any type of contractual dispute they may face no matter the industry.
Business Torts & Business Litigation
Allegations of fraud, misrepresentation, failure to disclose, inducement to purchase, breach of fiduciary duty, tortious interference with existing or prospective relations, unfair competition, and violations of other common law duties in a business context are also routine in commercial litigation. In general, this category of extra-contractual claims is broadly referred to in Texas as “business torts.” Wright Commercial Litigation is well acquainted with all nefarious forms of tortious conduct that can occur in business and has represented small and midsize businesses in McKinney, Collin, Dallas, Denton, and Tarrant County for over a decade. He knows how to obtain a recovery even in the absence of or despite a contract, in ways that can complement and sometimes substantially increase the recovery by punitive damages.
Collection, Payment, and Refund Disputes
No business enjoys having to haggle with a customer or client over payment for goods delivered or services rendered, or the failure of a merchant to provide a refund or return a deposit when properly due, but that regularly occurs for a number of economic (and sometimes less justifiable) reasons.
Unfortunately, the law requires the additional cost of bringing suit to recover what is rightfully owed, something many chalk up to the “cost of doing business” and end up “writing off” as a result. Sometimes it is worthwhile to still bring a lawsuit, especially when the firm is willing to work on a commercial contingency or hybrid reduced fee basis.
Texas also has a special process known as a “suit on a sworn account” that can help reduce the costs associated with obtaining judgment for a payment past due, which can be a powerful tool for achieving a quicker and more efficient recovery if used correctly. Making sure you get back a refund or deposit involves a different set of common law and equitable causes of action, but can result in punitive damages to remedy what essentially is a theft of money or property if withheld with actual intent to deprive.
Wright Commercial Litigation also assists select corporate clients in the Dallas-Fort Worth area with all kinds of business litigation and can help you or your small business, often on a partial contingency or hybrid basis (dependent on the factual circumstances and assets/solvency of the other party).
Deceptive Trade Practices Act
Persons outright misled or defrauded into the purchase or lease of goods and services have access to the increased remedial protections under the Texas Deceptive Trade Practices—Consumer Protection Act (DTPA), which is found at Chapter 17 of the Texas Business & Commerce Code. The DTPA is designed to help level the playing field between buyers and sellers in many types of transactions involving up to $500,000 and provides enhanced remedies that may include treble damages for knowing or intentional business torts, intentional violations of statute, recovery of attorney’s fees, and even the appointment of a receiver if necessary to ensure collection.
Texas is unique in that such claims are not just limited to individual consumers either; small or midsize businesses with less than $25 million in assets may also bring DTPA claims.
Wright Commercial Litigation is well-versed with all the procedural and substantive aspects of the DTPA and has leveraged its tools to address business disputes throughout Texas arising from false or deceptive advertising, fraudulent misrepresentation, failure to disclose or a breach of express or implied warranty, or any type of other “unconscionable” act or practice under the DTPA.
Insurance Coverage Disputes as Business Litigation
As a commercial contingency-focused law firm, Wright Commercial Litigation enjoys assisting small businesses, nonprofits (including churches), and individual homeowners in disputes with insurance companies related to property damage or losses, issues of professional liability, director and officer (D&O) claims, indemnification, and others. Denial of an insurance claim can be a highly stressful experience that leaves a business owner, individual, or other small organization feeling powerless to stand up to a huge insurance company. The firm knows how to effectively utilize all statutory and common law tools available to put you in the best position to get what you are due for breach of an insurance contract—including the duty to defend and provide indemnification—using the increased remedies provided by law to deter bad faith conduct and ensure prompt payment of all legitimate claims.
Nondisclosure and Noncompete Agreements
Many contracts between businesses, partners, joint ventures, consultants, agents, employees, and even prospective customers include nondisclosure (as well as noncompete) provisions to protect against the harmful exposure of proprietary business information or trade secrets, as well as the unlawful use and misappropriation of one’s hard work for the benefit of others. Texas has its own set of rules to consider in determining whether and to what extent such provisions are enforceable. Wright Commercial Litigation knows these unique rules in Texas well and can advise you on the risks of entering into such agreements, and their enforceability, anywhere throughout the areas of McKinney, Collin County, Dallas County, Denton County, and Tarrant Court for all kinds of business litigation issues.
UCC or Warranty Breaches
All states, including Texas, have adopted a version of the Uniform Commercial Code (UCC) to govern the sale of goods, lease of personal property, negotiable instruments (e.g., a bank check or promissory note), secured transactions involving credit that may include a lien on personal property or inventory, and many other matters essential to commerce throughout the United States. Although created as a uniform law, the UCC in Texas is detailed and complex with its own unique traps and interpretations ready to catch the unwary. Wright Commercial Litigation can help guide you through those minefields and make sure your business obtains all the recoveries permitted by the UCC for a sale or lease, as well as warranty protections that can be further enhanced in Texas through the DTPA.
Alternative Dispute Resolution for Texas Business Litigation
Many commercial contracts between businesses and those involving a consumer transaction include provisions requiring any disputes to first be mediated or mandatorily arbitrated. Such alternative dispute resolution procedures can be beneficial but require a different approach. Advance planning must begin from day one, which Wright Commercial Litigation does by assessing the key jurisdictional elements of every contract first to efficiently prepare for and set up conditions for the most beneficial outcome.
Pre-Suit Negotiation
Many business disputes can be resolved without having to take the step of hiring an attorney, by open discussion between the parties. Other times, one (or both) sides may have difficulty communicating or finding common ground for a variety of reasons that lead to complete deterioration of a relationship or, else, they let emotions get in the way of making rational decisions. Having an attorney involved at that point can be helpful and, if an experienced business litigator, they can assist by clarifying the legal issues or misconceptions which may be holding up a resolution. But also, if it becomes necessary, by demonstrating persuasively to an intransigent party what folly lies ahead for them if forcing a dispute to be resolved in court. That is typically done with a well-crafted “demand letter” that lays out all the facts, law, and economic consequences in a persuasive way that can lead to a better pre-suit negotiation.
Wright Commercial Litigation is highly skilled at cutting through to the core issues of any business dispute and helping resolve those in the pre-suit negotiation phase, or by alternative means that may be required by contract, helping you save time and money when possible. However, the firm always stands ready to follow through and prevail in court if that becomes necessary. The firm has over a decade of experience successfully handling business litigation cases throughout Collin County, Dallas County, Denton County, McKinney, and all other cities in the Dallas-Fort Worth Metroplex.
Mediation
Mediation involves a neutral third person (the mediator)—typically an experienced litigator, former judge, or industry expert—who is tasked with trying to confidentially guide the parties to a negotiated resolution. The idea is that an experienced neutral hearing the dispute fresh from an unbiased perspective might be able to provide input directly to the clients on the strengths and weaknesses of their positions that helps them think more rationally and reach a common middle ground.
The key to mediation is for both sides to come in with an open mind and the authority to make a final decision on the spot if the terms are right. Litigation counsel has an important role to play in that process by helping preview for the opposing party, either directly or through the mediator, the arguments that can be made and risks that will be faced if the dispute is not resolved outside of the courtroom.
Wright Commercial Litigation’s principal attorney has been involved in numerous mediations and can assist you through that process as well.
Arbitration
Unlike a trial in court, arbitration does not involve a jury or all the formalities of evidence presentation and argument. Rather, an arbitrator (or panel that can be selected in various ways) conducts a hearing after a more limited discovery of information than in court, during which the sides primarily present their own evidence and testimony in a more informal way: i.e., sitting at a conference table.
Parties can agree to arbitration before or after a dispute arises. The rationale behind laws and policies that encourage alternative forums like arbitration is that it is presumably less costly, quicker, and more efficient for all involved (plus takes some burden off the courts). That comes with the sacrifice of something else of course, which in the case of arbitration is loss of full appellate review to correct any factual or legal errors, even obvious ones, made by an arbitrator. More often than not, however, arbitration is a contractual condition forced onto those in a less advantageous bargaining position at start, especially consumers who have no real choice (and often are not even aware of an arbitration clause in the agreement). The downsides of arbitration go both ways though and can be particularly harsh to a corporate wrongdoer who dares head into arbitration thinking they can be less than reasonable and end up hammered with a huge award that is virtually impossible to overturn by any appeal.
Wright Commercial Litigation has prosecuted and defended several claims before the most recognizable arbitration organization in this nation—the American Arbitration Associate (AAA)—for everything from large, sophisticated, business-to-business disputes all the way down to small consumer matters, as well as appeared in specialized maritime and consumer arbitration forums. It is important before arbitration to know exactly when it applies, to which claims, and the means of preserving all rights to potentially vacate (or uphold) an award. This is important in deciding whether to fight over arbitration in the first place and making sure to protect the integrity of the process along the way. The firm is well attuned to all those issues and more and can help put you in the best position to prevail no matter the forum.
Contact an Experienced Dallas-Fort Worth Business Litigation Firm
If you are involved in a high-stakes business dispute or facing a potential loss of a hard-earned place in the market due to breaches of a counterparty, vendor, client, partner, or competitor, or any other type of unfair, unlawful, or dishonest conduct that harms your small business interests, then Wright Commercial Litigation’s principal attorney—Jason E. Wright—is a solid choice to help you seek to recoup what is rightfully yours. He has a well-earned reputation as a sharp business litigator in McKinney, Collin County, Fort Worth, Dallas, and beyond, with a keen eye for factual detail that can put you in the best position to bring an adversary to the bargaining table or win at trial (or arbitration), and can often offer to take even major cases on a partial contingency or hybrid fee basis.
Contact the firm here to request a consultation for your business litigation issue.
Wright Commercial Litigation serves clients throughout Texas, including in Mckinney, Collin County, Dallas County, Denton County, Fort Worth, and Tarrant County or beyond, with their business, insurance, and commercial litigation needs.
