Business Litigation in Texas

Our litigation team represents a broad range of businesses and their stakeholders, including partners, directors, officers, shareholders, and LLC members.  We work with clients across industries such as energy, real estate, healthcare, tech, finance, and more.  From startups to established corporations, we handle complex disputes involving business agreements, fiduciary duties, internal governance, and tort claims.

We begin by understanding your unique situation to develop targeted strategies.  When possible, we aim to resolve disputes amicably through demand letters, negotiations, or mediation.  If litigation becomes necessary, we are prepared to advocate on your behalf in Texas state and federal courts, as well as in arbitration forums like the American Arbitration Association (“AAA”, the Financial Industry Regulatory Authority (“FINRA”), the Independent Film and Television Alliance (“IFTA”), the Judicial Arbitration and Mediation Services (“JAMS”), and the International Chamber of Commerce (“ICC”).

Mediation is a voluntary process where a neutral third party helps disputing parties find common ground.  In Texas, some contracts require parties to attempt mediation before filing a lawsuit.  Our attorneys represent clients through this process, preparing strategies and protecting your interests every step of the way.  If mediation fails, we’re ready to proceed to arbitration or litigation.

Arbitration is a private dispute resolution method where a neutral arbitrator issues a binding decision.  Often outlined in contracts, arbitration offers a flexible yet structured process.  Our attorneys have extensive experience representing clients in arbitration proceedings across Texas and are well-versed in tailoring arbitration procedures that align with your business goals.  Our attorneys have extensive experience representing clients before leading arbitration organizations, including AAA, FINRA, JAMS, and ICC.

Whether you are filing a lawsuit or defending against one, having a skilled litigation attorney to represent you through the process is essential.  Litigation requires deep understanding of both substantive legal issues and procedural rules.  Our attorneys manage all aspects of litigation—from pre-suit analysis and discovery through trial and appeals.  We are mindful of costs and business impact, and we advise clients throughout the process, including when exploring favorable settlements.  We prioritize clear communication and thorough representation in every phase.

Litigation extends beyond the courtroom, involving pre-trial negotiations, discovery, motion practice, trial advocacy, and potential appeals.  At every stage, strict legal procedures must be followed—failure to comply could weaken a party’s case or even result in dismissal.  While aggressively advocating for our clients, we also explore client-approved settlement discussions to achieve favorable resolutions efficiently.  At Romano Law, we prioritize timely communication and expert handling of sensitive legal matters, providing strategic solutions to complex disputes.

Contracts are the foundation of nearly every business relationship.  When one party fails to meet their obligations, the consequences can be costly—and in Texas, the law provides robust remedies to hold that party accountable.

To prove a breach of contract claim in Texas, the plaintiff must prove four essential elements:

1. A valid contract existed – A legally enforceable contract in Texas requires several key components: a clear offer, acceptance of that offer, consideration (something of value exchanged), mutual assent (often referred to as a “meeting of the minds”), and execution and delivery with the intent to be bound. These requirements apply to both written and verbal agreements.
2. The plaintiff fulfilled its obligations – The plaintiff must show they performed their contractual duties or were ready and willing to perform them, as agreed.
3. The defendant failed to perform – A breach occurs when the other party fails to do what they expressly or impliedly agreed to do.  In Texas, a material breach—one that deprives the injured party of the core benefit of the contract—may release the plaintiff from further performance under the agreement.
4. The plaintiff suffered damages – The plaintiff must prove that the breach directly caused measurable harm, which may include financial losses, lost opportunities, or time wasted. 

Texas imposes a four-year statute of limitations for breach of contract claims, as outlined in Chapter 16 of the Texas Civil Practice and Remedies Code.  This time frame applies whether the agreement is written or oral.  Failing to act within that time can permanently bar your right to recovery.

Defamation in Texas refers to the act of publishing or communicating a false statement of fact that harms another person’s reputation.  Defamation can take two primary forms:

• Libel – Written or published false statements (e.g., in articles, emails, social media, or online reviews).
• Slander – Spoken false statements (e.g., on podcasts, public speeches, interviews, or phone calls).

Texas has a one-year statute of limitations from the date of publication, and must prove:

• A false statement of fact (not opinion or exaggeration)
• It was shared with a third party
• It was about the plaintiff and harmful to their reputation
• The defendant was negligent (for private figures) or acted with actual malice (for public figures)
• The plaintiff suffered damages, unless the case involves defamation per se (e.g., false accusations of crime or professional misconduct)

Because defamation claims are complex and fact-specific, gathering strong evidence early—such as screenshots, witness statements, or a clear timeline—and consulting with an experienced Texas defamation attorney can make a critical difference in protecting your reputation and legal rights.

Copyright infringement carries serious consequences, as unauthorized use of copyrighted material can lead to significant legal liabilities.  The ease of finding and copying online images, where the source of the image is unknown or unconsidered, leads to most modern-day copyright violations.  Copyright owners who suffer financial harm due to infringement have legal options, including cease-and-desist orders and litigation.  Clients whose company or employees used copyrighted material may be contacted or sued by copyright owners.  Our attorneys assist both copyright owners and alleged infringers, ensuring that all valid claims and defenses are considered.

Trademark infringement occurs when another party uses a confusingly similar mark. We help clients enforce trademark rights under the federal Lanham Act.  Our services include cease-and-desist efforts, U.S. Patent and Trademark Office filings, and litigation in federal court. We also defend clients facing infringement claims by raising applicable defenses and pursuing negotiated resolutions.

While registration is not required, it strengthens an owner’s ability to enforce their trademark. Defendants in infringement cases also have several potential defenses.  Our attorneys have extensive experience representing clients in both prosecuting and defending trademark infringement claims.

Partnership disputes in Texas often stem from disagreements over profit sharing, management decisions, or breaches of fiduciary duty.  These conflicts can disrupt operations and put your business at risk.  Our attorneys help resolve disputes efficiently, whether through negotiation, mediation, or litigation.

The Texas Business Organizations Code (BOC) governs how partnerships are formed, operated, and dissolved.  It also outlines the fiduciary duties partners owe each other—such as loyalty, care, and good faith.  When a partner violates these duties or the terms of a partnership agreement, legal action may be necessary.

If your agreement includes a dispute resolution clause, mediation or arbitration may be required before going to court.  Mediation can often resolve disputes cost-effectively with the help of a neutral third party.  If litigation becomes necessary, we work to enforce your rights and protect your share of the business.

Whether you’re facing mismanagement, financial disputes, or partner misconduct, we’ll guide you through the legal options under Texas law.  Our goal is to resolve disputes quickly and strategically—so you can focus on your business.

Shareholder disputes can disrupt operations, damage reputations, and threaten a company’s success.  In Texas, shareholders have legal rights under the Texas Business Organizations Code, as well as company bylaws and shareholder agreements.  When conflicts arise—over management, profits, or misconduct—timely legal action is key.

Common disputes involve breach of fiduciary duty, misuse of company assets, minority shareholder oppression, and disagreements over direction or voting rights.  These conflicts often stem from unclear agreements or mismanagement.

Texas law allows shareholders to inspect records (if they hold 5% of shares or have held shares for 6+ months), vote on major decisions, and file derivative lawsuits on behalf of the company.  Our attorneys help clients navigate these rights and resolve disputes efficiently.

We handle shareholder conflicts through negotiation, mediation, and, when needed, litigation.  Our goal is to resolve disputes quickly while minimizing business disruption and protecting shareholder value.

To prevent future issues, we help businesses draft strong shareholder agreements that clarify roles, responsibilities, and dispute resolution procedures.

Whether you’re a majority or minority shareholder, our firm is here to protect your interests and keep your business moving forward.