It is no secret that litigation has become increasingly become privatized, with many disputes being resolved through binding arbitration, mediation, and other ADR processes. As a result of the increasing acceptance and use of these private methods, we are often asked to evaluate and draft comprehensive ADR provisions for our commercial clients. One question that…

In our previous blog post we discussed the benefits of a corporate shield to facilitate growth and maximize protection. As a startup, your choice of entity depends a great deal on your realistic short-term and long-term finances. Are you seeking outside investment? Are you able to bootstrap and generate revenue? Are you in debt or…

In contractual disputes, a basic question that often arises is whether or not a contract was even formed among the disputing parties. To show that a contract was indeed entered, a person must show that the contract’s formation met certain conditions. The three elements of a contract are: offer, acceptance, and consideration What is Consideration?…

Incorporating your business is a means to reach your growth potential and attain legal protection. In structuring your business at the onset, choosing the most fitting legal entity is crucial as each entity has its own advantages and disadvantages when it comes to: taxation; ownership structure; fundraising considerations; liability; & compensation. The key is to…

What is an affirmative defense? When a party files a lawsuit for damages, they set forth factual and legal allegations as to how they were wronged by the named defendant. Naturally, in answering the suit, the defendant will deny the allegations made by the plaintiff. In some cases, the defendant will also assert affirmative defenses…

When acting as local counsel on interstate litigation matters, we are often asked about serving discovery subpoenas in Texas. Texas is one of the few states that has not yet adopted or enacted the Uniform Interstate Depositions and Discovery Act (“UIDDA”). The UIDDA, initially recommended in 2007, is a model statute enabled by many states…

Commercial businesses in Texas typically understand that they are subject to the state’s Deceptive Trade Practices Act (DTPA), a set of laws that is significant to businesses because the DTPA allows consumers to sue businesses for a wide variety of alleged violations. Additionally, the statute sometimes allows consumers to collect mental anguish damages and up…

Lawsuits are frequently initiated with the goal of recovering lost money or property. There are many times, however, that these kinds of awards would either be inadequate to compensate a plaintiff, or take so long to recover either through judgment or settlement that a plaintiff must seek extra intermediate measures to protect their legal rights…

Many factors come into play when the enforceability of a contract is being examined, and one of these factors is whether or not the contract had to be in writing and signed by the contracting parties in order to be enforceable by a court. Some Contracts Must be in Writing and Signed. In Texas, certain…

At any given moment, our De Leon & Washburn attorneys are probably working on several administrative law matters. This could include handling a contested case hearing in an enforcement action brought by the Texas Department of Insurance, or helping a local business with an employment audit by the Texas Workforce Commission. Each administrative law matter…