William G. Rossick, LLLP has experience handling complex litigation involving business clients in disputes with other businesses, government entities, or groups of individuals, each of which necessarily involves an understanding of both the business issue and the industry of the client. We have represented clients in diverse industry sectors, including Fortune 100 companies, in connection with their most important litigation matters. Our deep business litigation experience includes alternative dispute resolution such as arbitration and hundreds of mediations.
Our ultimate goal is to advance our clients’ interests and recognize that a client’s business plan and budget are often critical elements for successfully positioning litigation matters from the outset. We are committed to developing solutions to help our clients solve their toughest problems, and we approach each new challenge as an urgent business matter to be resolved expeditiously and cost-effectively. We focus on work for clients across all industries with respect to disputes including:
DISPUTES BETWEEN OWNERS
A relationship between business owners is analogous to a marriage. Owner disputes tend to be emotional and center on issues of trust, control, and finances. Particularly in small to medium sized businesses, owners who experience problems with business partners may be interested in alternative pathways towards working out their differences rather than moving straight to a business “divorce”. In our experience, upon the first sign of trouble, the sooner a business owner seeks legal counsel with an attorney, the better.
William G. Rossick, LLLP understands the complex relationship dynamics involved in ownership conflicts within closely-held companies and business partnerships, and our law firm has extensive experience in this area. In previous cases, our firm has helped owners of professional practices, small manufacturing companies, service companies, retail stores, family businesses and other enterprises resolve internal and external disputes both inside and outside of the courtroom.
BREACH of CONTRACT
When a material term of a contract is unfulfilled by one or more parties that contract is said to be “breached.” Unless both parties have agreed to the change in the term of the contract in writing, or the actions of one party have implicitly been accepted by the action or non-action of the other party, all material terms of the contract must be honored. Obvious non-performance is a simple matter. An issue involving the quality of the contract performance can be more complicated especially when the terms of the written contract are not specific.
In Texas, contract breach leaves the nonperforming or improperly performing party open to a claim for damages by the other party including a claim for recovery of attorneys’ fees and costs. In most situations, the non-breaching party can be relieved of their obligations under the contract by the other party’s breach. If you feel you’ve been the victim or accused of non-performance or breach of contract contact us immediately.
DECEPTIVE TRADE PRACTICES
When applicable, the Texas Deceptive Trade Practices Act (“DTPA”) protects “consumers” who have been the victim of fraud, breach of warranty and other wrongful conduct in connection with the purchase or lease of goods or services. In certain circumstances, such as when the defendant “knowingly” committed the wrongful conduct, a jury may award the consumer up to three times its economic damages as well as attorney fees. However, the DTPA requires a consumer to provide a defendant written 60 days notice before filing a lawsuit so we encourage you to contact us particularly early if you believe you have a DTPA claim. Even if you do not qualify for recovery under the DTPA, William G. Rossick, LLLP has much experience with other fraud cases involving misrepresentations between businesses.