What’s difficult about drafting commercial contracts? Consider a recent Texas Supreme Court breach of contract case, U.S. Polyco v. Texas Central Business Lines Corporation. Polyco, a manufacturer, contracted with Texas Central, short-line freight railway company, when Polyco decided to expand its operations to gain direct access to rail. Polyco paid $1.2 million to improve Texas
Dallas Commercial Litigation Lawyer Blog
A Texas attorney with over 20 years of courtroom experience in business law. Call The Alexander Team when you seek practical advice and winning strategies in the following areas of commercial litigation:
Blog Authors
Latest from Dallas Commercial Litigation Lawyer Blog
Understanding Arbitration: The Authority Of An Arbitrator
By Tim Wybitul
TotalEnergies E&P v. MP Gulf of Mexico Arbitration clauses in Texas are as common as hot summer days. Yet, despite their widespread use, how they are interpreted and whether they are enforceable still get a fair amount of attention in the legal system. Before you are party to another arbitration clause or you decide to…
Raising the Bar: How to Find the Best Commercial Litigation Attorney
By Tim Wybitul
Are you looking to hire a commercial litigation attorney? How do you choose the best one? Read this guide to find out how to find the best one. With 1.34 million attorneys in the United States, it might seem like an impossible task to find the right attorney for your commercial litigation needs. In order…
Coco Chanel, Pier 1 and Ann Taylor: Fashion, Fraud or Fun?
By Tim Wybitul
Stock Plummets. Who’s to Blame? When a stock price drops almost 75% in 20 months, it’s not shocking to discover a group of investors filed a lawsuit to recover losses. In August 2019 an appeals court issued an opinion in Municipal Employees’ Retirement System of Michigan v. Pier 1 imports, Inc., et al. The complaint:…
Loan Sharks Move Over–$300 Million Investor Fraud Stole Your Business
By Tim Wybitul
The short-term, high interest rate loan business has made everyone from loan sharks to registered businesses a great deal of profit. Perhaps that’s the backdrop hatching Gina Champion-Cain’s scheme that separated 50 investors from $300 million. See SEC Press Release, SEC v. Gina Champion-Cain, ANI Development, LLC and American National Investment, Inc. The Start of…
Don’t Let Debt Collectors Intimidate You In Texas
By Tim Wybitul
Texas Law Guidelines Prohibit Debt Collector Harassment Like most States, Texas has a law regarding the “do’s and don’ts” for debt collectors. One of the main goals of this law is to avoid consumers from being harassed. Under Texas law debt collectors are forbidden from: Repeatedly or continuously calling debtors or creditors; Using profane or…
Litigation Attorney 101: Things You Need to Know Before Making The Call
By Tim Wybitul
If you’re looking to file a legal claim against someone else (or defend yourself against a legal claim) and there’s a possibility that your case could go to trial, a litigation attorney should be your first phone call. But real life isn’t like Law & Order, and finding a good litigation attorney requires a bit of…
Arbitration Agreements and an Arbitrator’s Authority
By Tim Wybitul
Have you ever copied contract language from other documents you’ve received when you were in a hurry to get a deal done? Perhaps you were in need of standard legalese for arbitration clauses or indemnity provisions? No harm. No foul. The deal and relationship continued without commercial litigation. Along comes another deal. Copy. Paste. Sign.…
Is An Employer Obligated To Pay LTI Under Texas Contract Law?
By Tim Wybitul
Long Term Incentive Payment (LTI) David Sellers found himself unemployed when his employer was purchased by another company that immediately started slashing costs. Despite an employment agreement requiring the employer to pay COBRA benefits and $68,000 in outstanding sales commissions, Sellers did not receive payment, and subsequently sued for fraud and breach of fiduciary duty.…
Rust Rare Coin Silver Scam
By Tim Wybitul
The silver trade is alive, but 300 investors may not feel so well. The SEC filed charges in November against Gaylen Dean Rust and Rust Rare Coin of Utah. During a 20-month period in 2017 and 2018, Rust secured over $85 million from investors in a silver trading scheme. The details of this Ponzi scheme will…