A business dispute can put everything you have built at risk: your income, your company and the relationships you depend on. Borunda & Fomby represents business owners, partners, shareholders and individuals in commercial disputes in Texas state and federal courts and in arbitration. We prepare every case for trial, because the other side negotiates differently when they know you are ready to go to court.
Business Disputes We Handle
- Breach of contract, including unpaid invoices, failed deals, and supply, service and construction agreements
- Partnership and LLC disputes over profits, management, buyouts and the breakup of a business
- Shareholder disputes in closely held companies, including claims that controlling owners are freezing out minority owners
- Fraud and misrepresentation in the sale of a business, an investment or a commercial transaction
- Tortious interference with a contract or a prospective business relationship
- Breach of fiduciary duty by officers, directors, managers and partners
- Deceptive Trade Practices Act (DTPA) claims
- Non-compete, non-solicitation and trade secret disputes
- Fee and commission disputes, including unpaid contingency and referral fees
- Arbitration, including enforcing and challenging arbitration awards
Contract Disputes
Most business relationships run on contracts, and most business lawsuits start with one. A strong contract case depends on what the agreement actually says, what the parties did, and what the breach cost you. Texas law generally allows a party who wins a breach-of-contract claim to recover reasonable attorney’s fees in many types of cases, which can change the math of a dispute for both sides.
Disputes Between Business Owners
When partners or co-owners stop trusting each other, the business itself can become the battlefield. Owners may owe each other duties under the company agreement, the Texas Business Organizations Code and, in some relationships, fiduciary duties. We help owners protect their stake, get access to the company’s books and records, recover money that was diverted, and, when it is time, negotiate or litigate a fair exit.
Fraud and Business Torts
Some business losses are not just broken promises. When someone lies to get you into a deal, hides material facts, or deliberately interferes with your contracts or customers, Texas law may allow claims beyond breach of contract, including fraud and tortious interference. Depending on the facts, those claims can open the door to additional remedies.
Non-Competes and Trade Secrets
Texas enforces non-compete agreements only when they meet specific legal requirements, including reasonable limits on time, geography and scope. The Texas Uniform Trade Secrets Act protects confidential business information from misappropriation. We represent businesses protecting their customers and information, and individuals facing an overbroad restriction. These cases often move fast, with temporary restraining orders and injunction hearings in the first weeks.
Arbitration
Many commercial contracts require arbitration instead of a lawsuit. Arbitration has its own rules, its own timelines and very limited grounds for appeal, so getting the case right the first time matters. We represent clients in arbitration proceedings and in court proceedings to confirm, enforce or challenge arbitration awards.
Deadlines and Early Steps
Texas sets different filing deadlines for different business claims. Many contract and fraud claims must be filed within four years, while claims such as tortious interference and DTPA claims can carry a two-year deadline. DTPA claims also generally require written notice before a lawsuit is filed, and many contracts add their own notice requirements. Early on, it is important to:
- Preserve emails, texts, contracts, invoices and accounting records
- Avoid public statements or messages to the other side before getting advice
- Read the dispute-resolution, notice and venue provisions in your contracts
- Talk with an attorney before signing a release, settlement or amended agreement
How We Approach Business Cases
- Understand the business goal. Sometimes the goal is a judgment. Sometimes it is getting paid, keeping a customer or exiting a partnership cleanly. We build the strategy around what you actually need.
- Follow the documents and the money. We review the contracts and communications and, where needed, work with forensic accountants and damages experts.
- Push for leverage early. That can mean a demand letter, a request for an injunction, or targeted discovery that shows the other side what a trial would look like.
- Resolve or try the case. Many business cases settle. When they do not, we are prepared to try them.
Frequently Asked Questions
Can I recover my attorney’s fees? Sometimes. Texas law allows fee recovery in many breach-of-contract cases and under certain statutes like the DTPA, and many contracts include their own fee provisions. We will tell you early whether fee recovery may be available in your case. Do I have to go to arbitration? If your contract contains an enforceable arbitration clause, the dispute will likely be decided by an arbitrator instead of a judge or jury. We review the clause and advise you on what it means for your case. Do you represent individuals or only businesses? Both. We represent business owners, partners, investors and individuals who have been harmed in a business transaction.
