Business Litigation

Business Litigation

Houston Business Litigation Attorneys
Tort Defense Lawyer • Contract Disputes

A contract dispute, accusation of fraud or breach of fiduciary duty can have the effect of putting your business on hold until the matter is resolved. At the Fleming & Palermo, P.C. business litigation law firm, we understand your need to turn such matters over to business litigation attorneys you can trust.

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At our law firm, we have the experience it takes to defend your company against unwarranted attacks or to take action to protect the interests of your officers, employees, and shareholders.  If your company has been sued or threatened with litigation, it is important that you contact business litigation attorneys immediately to protect your interests.  Likewise, if your company has been the victim of misconduct by another company or individual, it is important that you act promptly and obtain counsel to protect the interests of your business. 

• Breach of Contract: Has a supplier or customer failed to honor the terms of a contract? A business litigation lawyer from the Fleming & Palermo law firm can effectively represent your business.  Our attorney can assist you in collecting all outstanding amounts owed to your company. To prove a breach of contract case, it is necessary to prove the following basic elements: 

1. Existence of a valid contract;
2. performance by you;
3. breach of the contract by the defendant; and
4. damages caused by the breach of the contract

Similar to the breach of contract claim is a suit for quantum meruit.  A quantum meruit claim is an equitable claim where one seeks payment for goods or services where there was no formal contract.  This can be used to prevent unjust enrichment such as when one party performs services for, and with the acceptance of, another person.  If the accepting party was reasonably notified that the performing party was expecting payment, it may be possible to seek payment even without a formal oral or written contract. 

If you or you company is the victim of a breach of contract, you might be entitled to damages and attorneys fees caused by the actions of the other party.  If you believe you have a breach of contract or quantum meruit claim, all a business attorney at Fleming & Palermo today to discuss your options.

• Business Torts: Has your business been accused of actions that harmed other businesses or individuals? We can help you deal with the matter quickly.  Has another company or individual interfered in your business relationships?  We may be able to assist you in collecting the damages caused to your company by the wrongful conduct of another.  In Texas, a claim for tortious interference with a contract can arise if the following elements are proven: 

1. A contract;
2. willful and intentional acts of interference;
3. proximate causation; and
4. actual damage or loss.

Not all interference creates a cause of action.  There may be justification or a privilege that allows the interference.  If you feel that another person or company has interfered with your contract, call one of the lawyers at Fleming & Palermo today to discuss your options.

• Partnership Disputes: When partners disagree, we will look for solutions and, when necessary, litigate the matter in court.  Are you being accused or sued over a partnership agreement?  If so, we can assist in representing you at the courthouse.  Likewise, if you have been damaged by breaches of a partnership agreement by your partner, we can advise and, if necessary, seek damages for such wrongful conduct.  Partnership disputes can involve the following issues:
 

1. Breach of fiduciary duty claims (see below).
2. Breach of contract claims.
3. Covenants not com compete
4. Fraud Claims.

• Fraud: Has your business been a victim of fraud? Have you been accused of fraud? Talk to a business litigation lawyer now.  If you or your business has been sued already, it is imperative that  you contact a business litigation attorney immediately to protect your interests in court.  Generally, the elements of a Common Law fraud claim are as follows:
 

1. A material misrepresentation;
2. that was false;
3. the defendant either knew it was false or made the representation recklessly without any knowledge of the truth;
4. the representation was made with the intention that the other party rely upon it;
5. the other party did indeed rely upon the representation; and
6. the other party suffered damages as a result

Fraud can also arise in the context of a non-disclosure circumstance.  That is, there is no express material misrepresentation.  Instead, the offending party with a duty to disclose, fails to disclose material information with the intention that the other party rely upon their silence.  There still must be reliance and damages as in the express fraud context.  In the event a plaintiff is successful in proving a fraud claim, they may be entitled to actual damages, exemplary (punitive) damages and in some cases injunctive relief.

• Trade Secret Disputes: Trade secrets are an important asset to a business. When your business's trade secrets are in dispute, we can help protect you by going to court to stop illegal theft, distribution or use of your company's trade secrets.  Trade secrets can take many forms.  Generally, trade secrets includes information that is confidential to your company and is used to obtain an advantage over competitors.  It can include customer lists, computer programs, sales strategy, financial information, procedures, economic data, prototypes, training information and many other forms of business information and data.  If your trade secrets are stolen - whether by current or former employees, competitors or others - you need to act quickly to stop further disclosure of the information.  This can be done by way of a temporary restraining order and temporary injunction.  In addition, you may be entitled to seek actual damages, exemplary (punitive) damages and attorneys fees.  If you feel that your trade secrets have been compromised, contact a business litigation attorney today

• Breach of Fiduciary Duty: A company's board and officers are held to tight standards.  A fiduciary obligation does not arise in all circumstances.  Some fiduciary relationships are found as a matter of law (such as the lawyer/client relationship or a partnership) and others arise based upon the facts.  Once a fiduciary relationship is established, the fiduciary has the following duties in relation to the other party:
 

1. A duty of competence;
2. A duty to exercise reasonable discretion;
3. A duty of loyalty; and
4. A duty of full disclosure.

In the business context, a partner owes his partners a strict duty of good faith, candor and there is a general prohibition against him using the relationship to benefit his personal interests except with full disclosure to the others.  If you feel that your company (or you) has been the victim of breaches of fiduciary duty by a board member, partner or corporate officer, call us today to discuss how we can remedy such a breach.

• Employment Litigation: If your company is dealing with accusations of discrimination or unfair labor practices, protect your business. Michael P. Fleming has handled and tried employment law defense cases, including an important Fair Labor Standards Act case that he argued and won before the Supreme Court of the United States.  If your company is facing allegations of discrimination and or unfair labor practices, call Fleming & Palermo today.

• Covenants Not to Compete:  If your company has an employee who has left your company and is now competing in violation of a contract not to compete, you should act quickly to preserve your rights and prevent the violation. 

Contact Us 

When the legal matter your business is facing is important, make sure you have an experienced business litigation lawyer who has the time to discuss your situation with you, explain your options, and represent you. Contact the business litigation attorneys at the Fleming & Palermo, PC. law firm.

Trials by Mr. Fleming at prior firms:

• Business Litigation - Directed verdict during trial in favor of client company in case alleging faulty business equipment.
• Employment Litigation - Won Fair Labor Standards Act case before the Supreme Court of the United States.
• Employment Litigation - Successful trial defending public employee accused of sexual harassment.
• Employment Litigation - Successful trial and jury verdict defending First Amendment Case.
• Employment Litigation - Successful trial defending county in whistleblower case.
• Business Litigation - Successful trial verdict in breach of contract case.