A tort is an injurious act (other than a breach of contract) for which a plaintiff may seek compensation and relief in the form of damages, or in some cases, an injunction. In pursuing a tort claim, a plaintiff is attempting to be put back in the position he was in before the wrongful conduct…

When an attorney considers a new case, one of the most important factors the attorney will review is whether and how the conflict presented can be remedied. Having a reasonable prediction as to the legal remedies at stake helps an attorney gauge litigation costs, general likelihood of any kind of recovery (which can never be…

There are certain legal questions that seem to arise repeatedly and in different contexts. One of these questions is: “Can an individual agree by contract to waive the right to a jury trial?” The initial response by lawyers and others alike often is one of skepticism, as the person remembers the idea that the right…

A license agreement is a contract under which the holder of intellectual property (licensor) grants permission for the use of its intellectual property to another person (licensee), within the limits set by the provisions of the contract. Without such an agreement, the use of the intellectual property would be an infringement.[1] It is important to…

What is the DTPA? Texas’ Deceptive Trade Practices Act is a collection of statutes meant “to protect consumers against false, misleading, and deceptive business practices, unconscionable actions, and breaches of warranty….” Tex. Bus. & Comm. Code § 17.44(a). Under the Act, the definition for “consumers” includes individuals, partnerships, and corporations who seek or acquire by…

A non-disclosure agreement or confidentiality agreement (“NDA”) is a legal contract between two (or more) parties aimed to protect proprietary and private information. The NDA should outline precisely what is being disclosed by defining “confidential information” and, in most cases, should blueprint the following: proper & improper usage; ramifications of improper usage; to whom the…

The Deceptive Trade Practices Act (DTPA) was enacted in 1973 to offer consumers broad protection against dishonest sellers of goods and services. The Texas Business and Commerce Code states that the DTPA “shall be liberally construed and applied to promote its underlying purposes, which are to protect consumers against false, misleading, and deceptive business practices,…

Miscommunication is common, and unfortunately, when it comes to contracts, once a deal is finalized, it can be extremely difficult to prove that the contract you entered means what you thought it meant when you agreed to it. Even when a contract is in writing and is reviewed by all parties before it is finalized,…

It is no secret that arbitration, mediation, and other alternative dispute resolution methods have been rapidly gaining popularity in the business community. As part of the trend of privatizing disputes, many employers are seeking to pull as many claims as possible under the arbitration umbrella. This is typically allowed—and often favored by the busy courts—but…

We are proud to announce that our founder and colleague, Mr. Hector De Leon, has been selected by his peers for inclusion in the 2016 Best Lawyers in America© in the field of Insurance Law.  Mr. De Leon is proud to receive this honor from his peers once again, and he looks forward to continuing…