Dallas-Fort Worth Business Litigation Attorney

Disagreements with a supplier, vendor, competitor, client, or customer are common in virtually every industry. Many business disputes can be resolved by a frank discussion between the parties or with the assistance of a negotiator. However, when one side ceases being rational or becomes intent on taking advantage of the other, then it requires a skilled Texas business litigation attorney 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 and business litigations throughout McKinney, Dallas County, and Collin County for small, midsize, and large clients. He can work strategically behind the scenes or out in front to find innovative solutions where possible through advanced resolution skills (backed up by well-reasoned legal analysis and broad experience), while at the same time preparing the best case to prevail at trial if that becomes necessary. Jason is respected by clients, peers, and opposing counsel alike for his thoughtful explanations, honest professionalism, and reasonable approaches to resolving challenging business litigations, whether at the bargaining table or in the courtroom.  

No matter the legal issue, Wright Commercial Litigation works proactively to advance your business or individual interests with thorough case evaluation, frank assessments of the merits, and early planning 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 obtaining a favorable judgment in court (or arbitration award). 

Contact the firm today to set up a no-cost evaluation of your business issue.

Experienced With All Types of Business Litigation and Business Disputes

The types of legal issues a business may face on the commercial side of their operations are multifaceted and can include any one or more of the following, each of which Wright Commercial Litigation has experience helping small, midsize, and large businesses resolve:

Breach of Contract

The majority of commercial disagreements revolve around contract rights in some respect, with one or both sides asserting the other broke a promise or failed to fulfill an obligation owed them pursuant to a written agreement. Wright Commercial Litigation leverages more than a decade of experience with all types of business contracts—everything from basic supply agreements to exclusive dealing or requirements contracts on through the most sophisticated purchase, sale, and private equity transactions that can involve dozens of representations and warranties, limited liability, and intricate indemnification provisions—to provide clients with solid legal advice and representation for any type of contractual dispute they face and no matter the industry.

Business Torts & Business Litigation

Allegations of fraud, fraudulent misrepresentation, failures to disclose, fraudulent 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 routine in commercial and business litigation. In general, this broad category of extra-contractual claims is referred to in Texas as “business torts.” Wright Commercial Litigation is well acquainted with all nefarious forms of misconduct that can occur in business and has represented business litigation cases in McKinney, Collin County, and Dallas 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 their recovery with 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 it regularly occurs for a number of economic (and sometimes other less justifiable) reasons.

Unfortunately, the law requires the additional cost of bringing a suit to recover what is rightfully owed, something many chalk up to be the “cost of doing business” or end up “writing off” as a result. Sometimes it is worth it to bring a suit though, especially when the law firm is willing to work on a contingency basis. Texas also has a special process known as a “suit on a sworn account” that can help reduce the costs associated with obtaining 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 constitutes a theft of money or property if withheld with an intent to deprive.

Wright Commercial Litigation regularly assists select corporate clients in Collin County and Dallas County with all kinds of business litigation and can help you or your small- to mid-size business as well, often on a contingency basis (dependent on the factual circumstances though and assets/solvency of the opposing 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 of the Texas Deceptive Trade Practices—Consumer Protection Act (DTPA), which is found in 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 commercial transactions involving up to $500,000 and provides enhanced remedies that can include treble damages for knowing or intentional business torts, intentional violations of the 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 limited to individual consumers either; businesses with less than $25 million in assets may 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 litigation claims in Texas arising from false or deceptive advertising, fraudulent misrepresentation, failure to disclose a breach of express, or implied warranty, or any type of “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 smaller organization feeling powerless to stand up to a huge brand-name insurance company. The firm knows how to effectively utilize all statutory and common law tools available to make sure you get what you are due for any 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 prompt payment in full 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 non-compete) 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 of Texas well and can advise you on the risks of entering into such agreements, and their enforceability. Jason Wright will be there to represent you in your Dallas County and Collin County business litigation cases.

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, the operation of negotiable instruments (e.g., a bank check or promissory note), secured transactions involving credit that include a lien on personal property or inventory, and many other matters essential to businesses 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. You can trust Wright Commercial Litigation to guide you through them and make sure your business obtains all 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 or involving a consumer transaction these days include a provision requiring any business disputes to first be mediated mandatorily arbitrated. Such alternative dispute resolution procedures can be beneficial but require a different approach from the start. Advance planning must begin from day one of a dispute, which Wright Commercial Litigation does by assessing the key jurisdictional elements of every contract first to efficiently prepare for and ensure the most productive results. 

Pre-Suit Negotiation

Most business disputes can be resolved without ever having to take the step of hiring an attorney, by simple discussion between the parties. Other times though, one (or both) sides may have difficulty reaching a common ground for a variety of reasons that lead to complete deterioration of a commercial relationship or, else, because emotions are getting in the way of rational decision-making. Having an attorney involved at that point can be helpful and, if it is an experienced business litigator, they can assist by clarifying the legal issues or misconceptions which may be holding up a resolution, as well as, if it becomes necessary, demonstrate persuasively to the intransigent party what folly lies ahead for them in forcing a dispute to be resolved in court. That is typically done with a well-crafted “demand letter” that lays out all the facts, the law, and economic consequences, which regularly can lead to an informed pre-suit negotiation.

Wright Commercial Litigation is highly skilled at cutting through to the core of business disputes and helping resolve them in the pre-suit negotiation phase, or by other alternative means that may be required by contract, helping you save the most amount of time and money possible. However, the firm is always ready, when your opponent still refused to act reasonably, to follow through and prevail in court once that becomes the only option. The firm has a decade of experience in successfully representing business litigation cases throughout Dallas County and Collin County.

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 solution. The idea is an experienced neutral who is hearing the dispute fresh from an unbiased perspective might be able to provide input directly to clients on the strengths and weaknesses of their positions that helps them reach a middle ground.

The key to mediation is for both sides to come in with an open mind and the ability to make a final decision to resolve the dispute 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, usually directly to that individual or business representative without any filters of the opposing counsel, the arguments that can be made, and risks faced in court if the dispute is not resolved.

Wright Commercial Litigation’s principal attorney has been involved in many mediations and can assist you through that process as well.

Arbitration

Unlike a trial in court, arbitration does not involve a jury or the formalities of presenting evidence and argument. Rather, an arbitrator (or panel that can be selected in numerous ways) conducts a hearing after the limited discovery of information prior to the hearing, during which the sides primarily present their own evidence and testimony in a more informal way: i.e., while sitting down altogether at a conference table. 

Parties can agree to arbitration either before or after a dispute arises. The rationale behind encouraging alternative forums like arbitration has long been that it is less costly, quicker, and more efficient for all involved (plus takes the burden off the courts). That comes at the sacrifice of something else of course, which in the case of arbitration is the loss of a fulsome right of appellate review to correct any errors, even obvious ones, that are made by an arbitrator or panel. More often than not arbitration is a contractual condition forced onto those in a less advantageous bargaining position from the start, especially consumers who have no real choice (and often are not even aware of an arbitration clause in the purchase agreement). The downsides of arbitration go both ways though and can be particularly stinging to a corporate wrongdoer who dares go into arbitration thinking they can be less than reasonable and gets hammered with a huge award that is virtually impossible to vacate or overturn.

Wright Commercial Litigation has prosecuted and defended claims before the foremost arbitration organization in this nation—the American Arbitration Associate (AAA)—for both large sophisticated business-to-business disputes down to small consumer matters, as well as appeared in specialized maritime and consumer forums. It is important before going into arbitration to know exactly when it applies, to what claims, and the means of preserving rights to potentially vacate (or uphold) an award. This is important in deciding whether to fight arbitration in the first place and making sure to protect the integrity of the process all along the way. The firm is attuned to all those issues and more and can help you to get 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 the breaches of a counterparty, vendor, client, partner, or competitor, or any type of unfair, unlawful, or dishonest conduct that harms your business interests, then Wright Commercial Litigation’s principal attorney—Jason E. Wright—is a solid choice to help you recoup what is rightfully yours. He has a well-earned reputation as a sharp business litigation attorney in Dallas County and Collin County, with a keen eye for detail that can put you in the best position possible to bring an adversary to the bargaining table or win at trial (or arbitration), and typically offers to take even major cases on a contingency basis. Contact the firm here to request a free consultation on your business litigation matter.

Wright Commercial Litigation serves residents throughout Texas, including areas such as Allen, Dallas County, and Collin County, with their business and commercial contract needs.