Houston Commercial Litigation Attorneys

Cut to the Chase in High Stakes Litigation

Houston Commercial Litigation Attorneys

Action-Driven Legal Professionals Offering Commercial Litigation Services

Commercial disputes that arise between companies, partners, or shareholders can substantially impact business operations and the future of an organization and its employees. Commercial litigation is a core practice area of Hawash Cicack & Gaston LLP.

We proudly represent clients throughout Houston, Texas in a broad array of commercial disputes in federal and state courts. We offer comprehensive counsel and efficient commercial litigation services that allow us to deliver high-quality legal representation in high-stakes commercial litigation matters. Get in touch with us today to discuss what we can do to protect your business interests.

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What is Commercial Litigation?

Sometimes called business litigation, commercial litigation is comprised of legal action and lawsuits that focus specifically on the legal concerns and conflicts of companies and corporations. Many commercial litigation cases originate from contract disputes, such as contract breaches between shareholders and partners. Other many other cases, the lawsuit involves a business and an individual, like a consumer or employer that feels the company did something unlawful or exploitative.

Commercial Litigation Compared to Civil & Criminal Litigation

Most attorneys and law firms only work on civil or criminal cases. Such attorneys are usually not the optimal choice of representatives for commercial litigation cases and business disputes. The goals and procedures of a commercial litigation case are noticeably different from civil and criminal litigation, which can cause significant disruptions if a case is not prepared correctly.

Key aspects of all three types of litigation are:

Because commercial litigation is inherently more complex than civil and criminal litigation in most cases, it is imperative to work with a seasoned commercial litigation attorney. Leaving your case up to chance or a less experienced lawyer’s work could be harmful to your business’s reputation and profitability.

Commercial Litigation FAQ

Can commercial litigation be avoided?

Companies stand to lose a lot of time and resources by going into the courtroom. The case will become a public record, too, which can look bad for a business. As such, most companies want to avoid commercial litigation, which can be done by using an alternative dispute resolution (ADR). Two common ADRs that do not require the court’s direct orders are mediation and arbitration.

What is a forced arbitration clause?

Many business contracts include a forced arbitration clause, which bars the use of litigation to resolve a dispute between the involved parties. Instead, closed-door arbitration must be conducted first and in good faith. If there is good reason to believe one party does not act in good faith or that the arbitration process was entirely one-sided, then the forced arbitration could be challenged in court.

Are verbal contract breaches enough to constitute a lawsuit?

Oral or verbal contracts occur when two entities come to an official agreement but do not put that into writing, i.e., a written and signed contract. In Texas, a verbal contract can be legally binding if both parties fully understood it, it did not involve an unlawful agreement, it was offered by one party, and it was accepted by the other. Violating a verbal contract in Texas could therefore be enough to constitute a lawsuit from the party that did not violate it.

Can an employer really stop an employee from working for a competing business?

Yes, non-compete agreements can effectively prevent an employee from seeking employment at certain businesses and for a predetermined amount of time. If the restrictions of a non-compete agreement seem excessive, then the employee can try to take the employer to court. On the other hand, if the terms are reasonable and the employee violated them, then the employer could possibly sue for significant damages.

What does it mean when a business dispute is “complex?”

A business or commercial dispute is “complex” if it involved multiple parties, such as more than one defendant. A dispute can also be considered complex if it must be resolved using more than one legal venue. For example, contract breach cases involving companies that operate in two different states might require legal action in state courts and a federal court.

Can my business partner legally force me out of the company I founded?

Yes, business partners can “force out” another partner in certain circumstances, even if the person being removed originally founded the company. It all depends on what was included in the partnership agreements governing the partnership and how the business was handled and owned. To protect yourself from harsh yet legal force-outs, you should always form partnership agreements with the assistance of a commercial litigation attorney.