Houston Business Litigation Lawyers
Over 30 Years of Combined Experience
Too many business litigation law firms offer a “one-size-fits-all” approach to legal disputes. At Walston Bowlin Callender, we realize each client, case, and situation is completely unique. Our creative and hands on approach has helped us obtain successful outcomes for a wide variety of clients across the country, on behalf of and against some of the largest corporations in America.
Breach of Contract
Contracts often lead to the fundamental dispute between businesses. Many companies either rush into signing ill-advised agreements or fail to properly document the parties’ understanding of the true nature of the business transaction. Contracts are often drafted without consultation from an attorney, which can lead to improper or unenforceable provisions. Our firm handles litigation involving breach of contract cases arising from business buyouts, buy-sell agreements, employment and separation agreements, lease or purchase agreements, and partnership agreements, among many others. Many of our clients seek our advice and consult when faced with a contract dispute because of a belief that the agreement was something different than what was documented. Other times, our clients are not receiving what they bargained for as the basis for entering into the contract in the first place. Regardless of the circumstances leading up to the contract dispute, our firm is uniquely capable to help you navigate through the agreement and find a resolution.
Breach of Fiduciary Duty
There is no higher duty imposed by law than the duty of a fiduciary to a beneficiary. People such as trustees, business partners, and officers and directors, among others, are charged with acting in the best interest of those they represent. While many fiduciaries uphold their duties, some put self-dealing before their beneficiaries. Our firm routinely litigates matters involving a breach of a fiduciary obligation, pursuing not only damages but also a disgorgement of any money received by the party who breached the duty owed. As a fiduciary, loyalty is owed, and if a fiduciary has breached the duty of loyalty and trust or wrongfully benefitted in any way, we can help.
Shareholder and Partnership Disputes
Our firm firm’s creative, business-first legal approach and fee structuring abilities have developed Walston Bowlin Callender into one of Texas’s leading law firms in handling shareholder and partnership disputes across a wide spectrum of industries. Many individuals come to us without the means to litigate against a former company that has taken advantage of them or is trying to squeeze them out of the company. For these individuals, paying hefty hourly rates is not possible, and many law firms will not handle such disputes on a contingency basis. However, our firm is able to consider such alternate fee arrangements and will be invested in the outcome and success of your case. Shareholder and partnership disputes can be some of the nastiest forms of litigation and are often called “business divorces” for good reason. Business divorces happen, and you should be prepared to litigate the matter to recover what you rightfully deserve.
Our firm has attorneys with significant construction industry experience, which has led to courtroom and arbitration victories dealing with complicated construction matters and design-related issues. Whether the construction dispute deals with a home, commercial development, onshore pipeline, or offshore rig, we have direct, hands-on experience in litigating such cases in both the courtroom and arbitration context. Also, if you have experienced construction issues arising from Hurricane Harvey rebuilding and remodeling efforts or are battling with your insurance company to properly compensate you for your claim, our firm handles both residential and commercial construction matters and can fight against your insurance carrier do get you what you deserve.
Oil and Gas Litigation
As the energy capital of the world, the oil and gas industry is a mainstay of the Houston economy. However, numerous disputes can arise in the oil and gas industry that can be extremely difficult to resolve. Local, state, and federal regulations make oil and gas litigation complex, and companies facing a dispute will need experienced lawyers to find a resolution. The downturn in oil prices has also caused hardships to many companies within the industry. Our firm litigated a variety oil and gas related disputes. Additionally, Cliff Walston served as the General Counsel for a leading oil and gas advisory company, brings a unique legal and business perspective to the table. His insight allows him to develop creative solutions to these matters because he has looked through the eyes of the business when dealing with litigation.
Because the future is unpredictable, people and businesses rely on insurance companies to protect them from unforeseen circumstances. When accidents or disasters strike, insureds expect that the policy they have purchased will pay for their damages and make them whole. While insurance companies openly accept these premiums, they rarely pay their insured in a fast and expeditious manner. Insurance behavior is often in bad faith and fails to put the policy holders’ interests first and foremost. When insurance companies refuse to pay as required by the policy and in accordance with the true amount of the damages you have sustained, our firm refuses to accept such conduct and will fight for your rights.
Deceptive Trade Practices
Texas provides protection for consumers who have suffered from deceptive conduct by a business through the Texas Deceptive Trade Practices Act (“DTPA”). Because many consumers rely on salespeople and/or advertising to make purchase decisions, it is important that those representations are true and not misleading. When companies are dishonest about what they are selling, consumers can be left high and dry with products that fail to live up to their expectations. This cause of action provides consumers with significant legal leverage to deter false, misleading, and deceptive business practices, along with unconscionable actions, and breaches of warranty in trade or commerce.
Business competition drives sellers of goods and services to achieve goals of increasing profits, market share, and sales volume. While there is nothing inherently wrong with business competition, companies often engage in practices and take actions that wrongfully interfere with an existing contract or business relationship. Individuals or companies may often encroach between the existing relationship between a company and its client seeking to redirect that business to its own financial benefit. If you believe that another individual or company has wrongfully induced one of your clients to break an agreement with you, call us to set up a consultation today.
Eminent Domain and Condemnation
As Texas’s economy continues to grow and prosper, it has become necessary for state and federal governments to exercise their right of eminent domain, effectively forcing businesses and individuals to vacate and sell their properties. Unfortunately, not all governmental agencies properly evaluate the “just” and “adequate” compensation to property owners. The federal government will never offer top dollar for this taking of your land, and receiving what you rightfully deserve can only be achieved by forcing their hand to pay you what is appropriate.
For many individuals and businesses, property might be the most valuable asset owned, so when real estate disputes arise, it can cause a huge disruption in business and jeopardize your most valuable asset. Real estate litigation is incredibly complex, and often involves intricate contracts, so parties like contractors, property owners, developers, investors, and lenders, among others, can find themselves entangled in complicated disputes. Our firm represents commercial developers and land owners in handling real estate disputes to successful resolutions.
Free Standing Emergency Care Insurance Disputes
In no uncertain terms, insurance companies are trying to force free-standing emergency rooms out of business. Insurance companies are engaging in an unfair and calculate method of underpaying claims for reimbursements across the board. Many free-standings lack the ability to constantly appeal and re-appeal underpaid or wrongfully denied claims given the sheer volume of the number of claims it handles. Insurance companies are all-to-familiar with the power they can assert over such providers and facilities by dragging out the reimbursement process. Such conduct is in bad faith and violates the law. Our firm has development a way to counteract such conduct and is willing to fight back.