COMMERCIAL LITIGATION ATTORNEYS IN DALLAS, TX
Business Commercial Litigation Law Firm in Dallas
“Commercial litigation” refers to lawsuits or issues involving business disputes. Commercial litigation is often referred to as business litigation. You are involved in commercial litigation if your business is involved in a lawsuit or a dispute involving an investment, breach of contract, fraud, or other business-related issues.
When you are involved in business litigation, you need a business litigation lawyer in Dallas to help you focus on your objectives and navigate you to a successful resolution. We understand that business litigation is costly and, often, mentally taxing for you. A Dallas business litigation lawyer endeavors to achieve the best outcome for you. Some clients prefer to resolve a dispute through mediation or other alternative dispute resolution methods; some prefer to fight it out in the courtroom. Whatever your desired outcome, our focus is always client-centric at the Ritter Spencer Cheng business litigation law firm in Dallas.
Our Dallas business litigation attorneys have successfully handled numerous complex business disputes in state and federal courts throughout Texas and across the United States, including breach of contract, LLC member disputes, partnership disputes, intellectual property issues such as trademark infringement, copyright infringement, trade secret lawsuits, business disparagement, defamation, unfair competition lawsuits, shareholder derivative disputes, fraud and misrepresentation claims, tortious interference with contract, creditor recovery, lender liability, business torts, fiduciary duty claims, and many others claims and lawsuits.
OUR ATTORNEYS
David Ritter
David Ritter has over 24 years of legal experience in commercial and business litigation, business restructuring and bankruptcy, and creditors’...
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Jeff M. Schagren
Jeffrey M. Schagren joined RSC most recently from an AmLaw 100 law firm where he was a member of the...
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Sellano Simmons
Sellano is an accomplished trial lawyer and leader who has tried over 50 jury trials. Sellano counsels and represents clients on...
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Paul Stevenson
Paul Stevenson is a Senior Associate Attorney at Ritter Spencer Cheng PLLC with a particular interest in the practice areas...
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COMMERCIAL CONTRACT AND TRADE DISPUTES
Most successful Dallas, TX, businesses have disputes with customers or creditors. Depending on the nature of the relationship, these disputes may result in business litigation. For many conflicts, the Uniform Commercial Code, commonly called the UCC, governs many business transactions and supplies necessary terms that may not be included in the contract. The UCC is a reasonably descriptive set of laws and rules that promote uniformity in contract interpretation, performance, and enforcement.
In Texas, the UCC is found in the Texas Business and Commerce Code and governs sales of goods and warranties, equipment leases, negotiable instruments and check transactions, certain other financial transactions, including letters of credit, bank transfers, and bills of lading, as well as security interests, including liens on accounts receivable and inventory, and investment securities. In addition to the UCC, many other laws and treaties, including the Convention on the International Sale of Goods, may be applicable to the sale and trade of goods and services.
SECURITIES LITIGATION
Many small business owners invest their funds in a business and take on a role in operating the business. Others invest money to purchase the company’s shares, units, or interests. The securities laws of the United States and Texas may protect these investors. When their investments are not returned as promised, or their portfolio suffers losses, these investors seek liability from the brokers or dealers that sold them the investments or from the issuers. Required disclosures under federal or Texas law were often not sufficiently made. Sometimes, investors sell investments not exempt from securities laws, such as investments that should only be sold to accredited, high net-worth, or more sophisticated investors. In these situations, the investors may have a valid lawsuit for the return on their investment.
Various agencies regulate the securities industry and provide investor protection, but they often have full hands and cannot regulate or oversee all security transactions occurring on time. As a result, if you believe you were taken advantage of in a securities transaction, it is essential to have a business litigation law firm in Dallas like Ritter Spencer Cheng, with experienced business litigation attorneys in Dallas, guide you through the process to determine who is liable and enforce your rights.
THE TEXAS DECEPTIVE TRADE PRACTICES ACT
Recognizing that some Dallas, TX businesses engage in deceptive acts and that their customers should not have to tolerate such acts, the Texas legislature enacted the Texas Deceptive Trade Practices Act (commonly known as the DTPA), which broadly allows individuals and businesses to sue and recover treble damages against businesses and individuals engaging in deceptive acts. The DTPA is a consumer protection statute that can be used by individuals and small businesses and provides many causes of actions against businesses and individuals engaging deceptive trade practices.
REAL ESTATE LITIGATION
In Texas, land is sold, leased or encumbered on a daily basis. Given the number of real estate transactions that occur in Texas it is not unexpected that many deals end up in litigation. Many statutes govern aspects of real estate in Texas, including the Texas Property Code, the Texas Business and Commerce Code, the Texas Civil Practices and Remedies Code, the Texas Occupations Code and the Texas Natural Resources Code, among many others.
Real estate disputes may involve fraudulent real estate sales, commercial lease disputes, disputes between and among residents and property owners or home owners’ associations, governmental regulatory, permitting, and zoning disputes, landlord and tenant lawsuits, probate estate claims, lien claims, and broker and realtor litigation.
CONSTRUCTION LITIGATION
Construction projects can be complex, lengthy, and expensive, and construction problems can often lead to litigation. Most business litigation is based on a contract or some contractual substitute remedy, such as quantum meruit or promissory estoppel. Depending upon the work performed, a construction case can involve multiple parties. In addition, an insurance company may usually be involved in one or more parties. It is necessary to understand the lien statutes of Texas and other laws, such as the Residential Construction Liability Act and the Prompt Payment Act.
ALTERNATIVE DISPUTE RESOLUTION
ARBITRATION
Many business contracts contain an arbitration clause. Even if you have not signed an arbitration clause in a contract, you could be subject to arbitration if a related contract contains an arbitration clause. Arbitration is a method of conflict resolution that is private, instead of public as court cases are. If one of your concerns is privacy for contractual disputes, then proceeding to arbitration may be more beneficial to you. Even without signing an arbitration contract, as long as the parties agree, they can choose to resolve their conflict in arbitration. The courts interpret both the Federal Arbitration Act and the Texas Arbitration Act in favor of arbitration. There are also cases where parties did not sign a contract for arbitration but were compelled to arbitrate their business dispute under a third-party beneficiary theory.
A skilled commercial litigation lawyer can help you navigate the complexities of arbitration and determine the best course of action for your business dispute.
In arbitration, the parties can choose one or more arbitrators to be the decision-maker, rather than the court. While paying for an arbitrator or arbitration panel can greatly increase the cost of the dispute, arbitration is usually a speedier process from beginning to end and there is generally less discovery. In addition, an arbitration award is usually final and is very difficult to appeal. Some clients may choose to arbitrate a dispute for these reasons.
MEDIATION
Most judges compel mediation before trial on the merits of a lawsuit. Mediation is a process where parties try to resolve a matter with a third-party mediator. The mediator is a neutral party who attempts to reach a compromised resolution with the parties. It would be best if you came prepared to mediate, knowing your demands and what you are willing to compromise to mediate successfully. Sometimes, rejecting an offer and continuing to trial may be better.
When you attend arbitration or mediation, a business litigation lawyer in Dallas, TX, can assist you in focusing on your objectives and navigating you to a resolution. Our Dallas business litigation attorneys have successfully resolved numerous lawsuits in mediation and arbitration and obtained successful settlements for our clients through these processes.
Give Ritter Spencer Cheng Commercial Litigation Team a call today!
With any business litigation issues, experience is what you want, and we have that! Our business litigation team cares that everyone truly gets what they deserve, and we want to ensure that happens! Whether you’re an in-house counsel looking for external support or a business owner facing legal challenges, our commercial litigation attorneys are here to help.
Give our law firm a call today!
