Practice
Area

Media

San Antonio Business Litigation Lawyers

BACKED BY YEARS OF EXPERIENCE

Business litigation refers to disputes arising out of commercial and business relationships, including a company’s claims against another company, governmental entity, or groups of individuals. In business-to-business litigation, both businesses often have claims and defenses as opposed to consumer litigation in which there is a distinct plaintiff and a distinct defendant (i.e. personal injury law where there is a victim suing because of injuries suffered).

San Antonio business litigation can take place in a variety of forums, including a San Antonio courtroom through traditional litigation or, pursuant to a contractual agreement, in a private arbitration setting. Each possible forum has benefits and downsides, all of which an experienced attorney can thoroughly advise business clients on.

Business litigation issues are typically quite complicated and can be unique to the particular business, meaning that an attorney’s understanding of the client’s business is a critical factor in the outcome of the business litigation. It is usually advisable for a business to maintain a long-term relationship with attorneys so that the attorneys can maintain a consistent awareness of the current goings-on at the business and advise on potential legal issues before they even develop.

Moreover, because lawsuits are public records, it is crucial for all litigation to be handled in a manner that is sensitive to Public Relations (PR) considerations for the business. Lawsuits can tarnish reputations and cause financial damage by negatively impacting sales. Therefore, effectively managing any and all business litigation disputes is pivotal.

Continue reading in order understand some of the types of legal issues that a business might face in San Antonio.

Types of Business Litigation Disputes

Businesses can become involved in a variety of legal disputes. Such disputes may include but are not limited to:

  • Business torts: a business tort refers to unlawful actions committed against businesses that result in economic loss. Though business torts are sometimes caused by negligence, such actions are, many times, intentional in nature. Individuals and other businesses seeking to intentionally inflict financial harm, or those who negligently cause such harm, can often be held liable for the loss. Business torts include tortious interference and restraint of trade.
  • Breach of contract: breach of contract disputes may include, but are not limited to, instances where a partner you trusted breaks their contractual obligation, which can cause irreparable harm to your business. Legal action seeks to hold the person in breach of their contract responsible for their actions.
  • Fraud: many times, business fraud includes knowingly misrepresenting information and facts.
  • Non-compliance with non-compete agreements
  • Business divorces: pursuant to Texas Family Code §§ 3.001 et seq., Texas is a community property state, which means that all marital property must be divided equally between spouses. If both or even just one spouse started a business during the marriage, the business will need to be divided.
  • Interference with contracts: this refers to when one person intentionally damages someone else’s contractual or business relationships with a third party, thus causing economic harm.
  • Partnership disputes: while there can be many reasons for a dispute between partners, the cause of many of them is a weak or completely non-existent partnership agreement. Such disputes could also include several partners trying to exclude another from certain aspects of the business, or they could involve deadlocks between partners who share equal control of the business. These and other business partner and shareholder disputes can be resolved under the Texas Business Organizations Code, as well as the specific partnership agreements that apply.
  • Shareholder disputes: this refers to disagreements amongst shareholders or between shareholders about the governance of the business or some other essential detail about the company’s operations, finances, etc.
  • Employment disputes
  • Embezzlement: this refers to the wrongful appropriation of entrusted funds.
  • Breach of fiduciary duties: this includes removing funds from a business account for personal use.
  • Unpaid invoices or debts
  • Misappropriation of assets: involves the actual theft of an entity’s assets. This can be accomplished by common theft or by an organization paying for goods and services not actually received (for example: fictitious vendors or employees).
  • Stealing trade secrets or intellectual property

The list above is non-inclusive, and there are many types of legal disputes that a business may confront in its lifetime.

Importance of seeking pre-dispute legal advice

Where possible, seeking legal advice in order to proactively prevent business litigation disputes (like many of those listed above) is highly advisable. During the early stages of potential conflicts as well as at the front end of business transactions, it is wise for business leaders and owners to seek legal advice regarding:

  • The drafting and negotiation of contract provisions for the choice of venue, indemnification, forum selection, choice of law, and alternative dispute resolution (ADR);
  • Training on potential litigation holds and attorney-client privilege;
  • Help with ADR measures before litigation; and
  • Strategy assistance.

Contact a San Antonio Business Litigation Attorney

Having strong legal representation is pivotal for businesses from the very beginning. If you have concerns about current or potential future business litigation, contact Kirker | Davis LLP business litigation attorney to schedule a meeting today.

Request Consultation

Empowering Clients.

Achieving Results. ®

TESTIMONIALS

  • "The divorce process is not an easy one, but I always felt fully supported, informed, and guided by Chris and the staff. Chris always laid out the options, made me aware of the risks, and provided me with recommendations, but he also gave me the flexibility to work out things with my ex where I could, to speed up the process and avoid some legal expenses. I highly recommend Chris for family law representation. ”

    David - Divorce Representation

  • "I’m a lawyer myself and Holly helped me with my recent divorce. She did an amazing job. She covered all the little issues that would have collectively cost me a bunch of money in the long run if she had not been so detail-oriented and focused. She is a tenacious advocate for her clients who aims to resolve matters amicably but will fight tooth-and-nail for her clients if that is what it takes to reach a...”

    Anonymous - Holly is the lawyer who lawyers hire for their own divorces

  • "Chris handled my case professionally, efficiently, and demonstrated a very strong knowledge of family law. Chris took the time to learn and understand all aspects of my situation and used that knowledge to develop a focused strategy that led to a successful outcome. I highly recommend Chris. ”

    Martin - Excellent Lawyer

  • "Ashley Morgan and her paralegal Aleks were both so amazing to work with. They were second to none in responsiveness and work ethic. I would recommend her work to anyone looking for family law, and could not be happier with my decision to work with them. Just a great group of people who are knowledgeable and passionate about the work they do. ”

    Josh Campbell - Family Law

  • "This was as good an experience as you can possibly have with a divorce situation! Candice and Laurie were professional yet compassionate. They treated me with great respect and were always available to answer my questions. The best part is they always had my best interest at heart. I would highly recommend Kirker Davis and Candice Derelye and Laurie Theriot. They are the best! ”

    Susan Morris - A divorce situation

  • "This was my first time ever working with lawyers and words cannot express how grateful I am for Ashley Morgan and her team. I needed direction during a difficult time and she provided step by step service. Would highly recommend! ”

    Erik Jurado - Highly recommended

  • "I praise Attorney Alyse Donnelly for all the hard work and hours she put in my divorce case. I believe that her experience, knowledge, and quick thinking resulted in beneficial results on my behalf. Ms. Donnelly along with Paralegal Stacy O’Brien and Attorney Michelle Fontenot are definitely assets to the Kirker Davis law firm. ”

    Bertha Solis - My divorce case

  • "My experience with Kirker Davis has been amazing. Candice Deyerle has been my attorney and in just under a month she helped to correct severe deficiencies in my custody case. She and her team respond within minutes or hours to even the most mundane requests. From the moment I walked in the office, I was greeted with an exceptional level of service, and even the receptionist inspires class and confidence. I wh...”

    Daniel Kearns - Custody case

  • "From my first visit, I felt like Candice listened to every word I said and showed concern about my pending situation. My ongoing experiences throughout our working together, made me feel like they were genuinely concerned about me and my integrity. If I wandered off course, Candice would guide me back online! Fantastic results! ”

    Edward Novess - Fantastic results

Austin Family Attorneys

Is Divorce Imminent

Download “The 4 Steps In Every Divorce” eBook so you can be better prepared

Download Now

Austin Family Attorneys

Request Consultation

A strategic step towards resolution

Submit a Request
  • Austin Office