The Borunda Law Firm, P.C

The Borunda Law Firm, P.C., represents clients in broad range of business disputes in Houston, from the everyday to the complex. Our commercial litigation attorneys have successfully prosecuted and defended claims of all sizes in both Texas state and federal courts. Our clients include individuals and businesses involved in legal disputes with their competitors, customers, vendors, employees, business partners or shareholders.

Experienced Commercial Litigation Attorneys

We have many years of experience and expertise in complex commercial matters. Our attorneys at The Borunda Law Firm, P.C. handle a variety of cases under commercial litigation, from fraud to partnership disputes.

When representing a business client, we at The Borunda Law Firm, P.C. never lose track of the company’s long-term goals and future, all while providing efficient and cost-effective representation.

Please call us today for a free consultation at 713-795-8000 or use our Contact Us form. We can help you with any of the following commercial litigation cases.

Commercial Fraud

Any successful business transaction requires a mutually beneficial exchange of assets for liabilities. This exchange depends on each side fulfillment of promises, based on a mutual trust between the parties. Since this mutual trust is commercial, it usually will have a contract to explicitly state the terms of each party’s promises.

Commercial fraud lawsuits can start when there’s some evidence of the other party being intentionally dishonest in a commercial exchange. This intentional wrongdoing can be theft, deception, misrepresentation, coming in the form of false statements, forged signatures or even unusable payment methods.

Commercial Fraud Claims

A civil lawsuit can be brought against an individual or a business entity involved in the commercial agreement. These legal claims extend to a variety of commercial relationships, like partnerships, corporations and brokerage of stocks or bonds. Also included are unfair practices with any buy-sell agreement, interference in acquiring/retaining clients, or real estate development contracts.

The plaintiff must prove both that an individual or business performed a certain act with the intent to defraud and caused damage through that act. This harm needs to be a damage that is measurable. The measure of damages has to be a direct result of the commercially fraudulent conduct. This intent can be uncovered by combing the relevant records to find instances of conduct that reveal the motivations of the fraudulent parties. Relevant records can include receipts, checks, correspondence and even bank records.

Your Rights in Commercial Fraud Claims

Committing fraud can mean either passively hiding or actively misrepresenting the truth. If you suspect someone of hiding the truth, you will need to search for material facts that concealed the true nature of your business relationship. If you suspect someone of misrepresenting the truth, you will need to uncover any distortions or interference on part of the guilty party.

A civil court can determine whether or not the wronged party can recover compensation equal to the loss and possible additional punitive damages. This recovery can occur only if a cause and effect is demonstrated to the courts between the fraud and the measurable loss.

Free Commercial Fraud Case Review

Call today for your initial free consultation with an experienced commercial fraud attorney, please call 713-795-8000 or use our Contact Us form.

Commercial Misrepresentation

When you are trying to seize an opportunity, it is necessary to search for transactions that will benefit both your side and the other party. This means there is a mutual trust needed for the business agreement. The specific terms of this mutual trust can turn into a formal contract.

Commercial misrepresentation lawsuits can start when there’s some suspicion of the other party being dishonest in this business exchange. This intentional dishonesty must be present in a commercial transaction in which the guilty party has a financial interest.

Commercial Misrepresentation Claims

A civil litigation lawsuit can be brought against the involved individual or a business entity in a commercial misrepresentation claim. This can be a business-to-business suit or a consumer-to-business suit. These suits extend to a variety of commercial relationships, from partnerships to the brokerage of stocks or bonds.

The plaintiff must prove that a liability was created through the dishonest statements of the other party, whether or not they intended to cause harm. The other item a plaintiff must prove to the civil courts is that he or she relied on the statement of the other party (and was justified in doing so). One thing you must be able to prove is that there was a proactive negligence with the truth and not a simple misunderstanding.

Your Rights in Commercial Misrepresentation Disputes

When the other side deliberately fails a truthful statement of the facts, it is considered misrepresentation if it leads to losses that are measurable. To measure these damages, you will be required to provide the relevant business documents that accurately account for the price of the fraudulent conduct.

You will need to draw a direct line between the misrepresenting conduct and the losses suffered. Civil courts can decide how to enforce the terms of compensation. The courts can enforce the terms of the contract, award compensation equivalent to monetary losses and possible punitive damages.

Free Commercial Misrepresentation Case Review

Call today for your initial free consultation with an commercial misrepresentation lawsuit attorney, please call 713-795-8000 or use our Contact Us form.

Non-Compete Agreements

A business owner will need to expand its operation to absorb a new company or hire new associates. When he or she purchases the business’s assets, the purchaser wants to make sure his or her investment is protected. This need can lead to a non-compete agreement being signed by oncoming or departing team members.

Poorly written non-compete agreements can limit a signer’s ability to earn a living by containing restrictive covenants. With these covenants, the signer will have a financial incentive to not abide by his or her promise. These limiting clauses in a non-compete agreement result in poorly designed incentives, which could lead the signer to noncompliance.

Non-Compete Agreements Claims

When an employee who signed the non-compete agreement does not abide by the terms of the non-compete agreement, the company has grounds to hold the signer liable. The company must be willing to show that it provided sufficient consideration for the employee to incentivize them to sign the agreement. Sufficient consideration can be defined by specialized knowledge, confidential information or a financial bonus.

Additionally, the company will have to demonstrate that the agreement must legitimately protect its commercial interests. Non-compete agreements prohibit potentially harmful activities like having former employees soliciting a company’s current customers or hiring current employees.

Your Rights in Non-Compete Disputes

Non-compete agreements are most vulnerable when litigators begin arguing if the agreement is reasonable. Companies will include restrictions in time, geography, and activity in a non-compete agreements to ensure a former employee is not detrimental to a business’s operations.

It is common for civil courts to look closely at these overly restrictive clauses since unscrupulous companies can be unfair with workers they see as a potential threat to their profits. The courts will determine if the non-compete employment contract was written fairly for both parties in terms of time, duration and scope.

Free Non-Compete Agreement Case Review

Call today for your initial free consultation with an experienced non-compete agreement attorney. Please call 713-795-8000 or use our Contact Us form.

Partnership Disputes

Partnerships allow multiple individuals to operate a business together with shared profits and losses. Various types of partnerships are popular among small businesses: general partnership, limited partnership, and limited liability partnership. Regardless of the partnership type, disputes between partners can threaten the viability of their entire business venture.

Partnership lawsuits require plaintiffs to prove they fulfilled their duties while the other party failed to fulfill his or her duties. The failure to fulfill their commercial obligation has to lead to the plaintiff (or the company itself) suffering a monetary loss.

Partnership Claims

First, we must confirm what the terms and protections of the partnerships entail. Precisely written partnership agreements can help avoid disputes by defining the proportion of shares and the partnership’s decision-making process. Ideally, there are no implied understandings between the partners, since those usually create confusion. Managing all expectations between partners usually alleviates interpersonal friction.

The true nature of the dispute at issue is often complicated and requires attention to detail. When working through a partnership dispute, it is important to determine the desired end-goal. If one partner defrauded the company through embezzlement or misallocation of resources, then recovering those financial damages is necessary. If irreconcilable differences prevent the business partnership from continuing, then business dissolution or a buyout could suffice to appease both parties.

Your Rights in Partnership Disputes

In a general partnership, profits are shared, but so are risks of loss and liability. Other partnerships are structured so they provide additional liability protections for partners. The more time spent in conflict with your business partner, the more money your company is losing.

What’s most important in a partnership dispute is to resolve the disagreement as quickly and with as minimal disruption as possible. Mediation and arbitration are also helpful paths when obtaining resolution. Given the history of most commercial partnerships, resolving disputes quickly and harmoniously has proven to be the most cost-effective course of action for the business.

Free Partnership Lawsuit Case Review

Call today for your initial free consultation with a partnership dispute attorney, please call 713-795-8000 or use our Contact Us form.

Shareholder Litigation

The corporate structuring of a business facilitates the raising of capital for further investment by shareholders. These shareholders hire capable (and ideally trustable) managers to operate the corporation. In setting up the rules of governance, shareholders like to ensure honest, transparent and effective rules in holding directors accountable for their successes as well as their wrongdoing. When management fails to take action in the best interests of the corporation, shareholders may bring a legal action to protect shareholder interest.

Shareholder Lawsuit Claims

Shareholders can bring a lawsuit against a corporation. These are either legal derivative, direct or class actions, depending on details of the case. This shareholder lawsuit is typically brought against insiders of the company, such as the corporate management, who are suspected of causing financial harm to the entity.

Usually, a corporation’s own legal counsel will represent both the corporate entity as the defendant and the shareholder as a plaintiff. This is referred to as dual representation. It is important to ensure there is no conflict of interest when dual representation is utilized in a derivative suit against corporate managers. There might not be justice otherwise.

Your Rights in Shareholder Disputes

You can petition courts about the conflict of interest and pursue separate counsel, to eliminate the perceived conflict. This is the first step to protect your investment as a shareholder.

Our firm can help with recovery of lost funds through corporate malfeasance or negligence. Also, we can improve the current rules of corporate governance mismanagement, whether intentional or involuntary. These reforms are pro-investor to ensure that your equity in the corporation is protected for the future and that shareholders can comfortably predict where their company is headed.

Free Shareholder Dispute Case Review

Call today for your initial free consultation with an experienced shareholder dispute attorney, please call 713-795-8000 or use our Contact Us form.

Tortious Interference

You want to run your business as efficiently and effectively as possible. To operate a company, you’ll need to rely on your facilities, your vendors and other contractual relationships to function smoothly. When a separate third-party entity intentionally prevents those business obligations from being fulfilled, you are being harmed by interference. Torts arise when a group engages in various forms of wrongdoing. This wrongdoing results in harm to your business, for which you can legally pursue compensation.

Tortious Interference Claims

A commercial tort is usually considered a breach of contract when the financial damage originates from someone that’s a part of an organization. When an outside individual or group interferes with the daily operations of a company, it is called tortious interference. This is because the 3rd party is harming the company, for which the company can legally purse compensation.

Tortious interference is intentional. Interfering actions is more than a careless disregard for another’s property and commercial obligations. There must be an existing business contract or a reasonably likely customer that is being interfered with. So, interference not only applies to current business relationships but prospective new customers.

Your Rights in Tortious Interference Disputes

As a plaintiff, you will need to demonstrate to the civil courts that the other party acted willfully to cause harm. You will have to prove that that interfering party had knowingly meddled in your business affairs. This interference had to result in some measurable amount of damages. If the lawsuit concerns prospective clients, then the probability of finalizing that business relationship has to be pretty high.

You will also have to subsequently prove to the courts that there is a direct line of cause and effect between the outside interference and the measurable financial harm to your business. Only by clearly depicting the causality between the defendant’s actions and your harm can tortious interference be proven.

Free Tortious Interference Case Review

Call today for your initial free consultation with an experienced tortious interference attorney, please call 713-795-8000 or use our Contact Us form.