BUSINESS LITIGATION
Business conflicts come in a variety of flavors. The conflict may occur between a business and a client, vendor, or competitor. Sometimes conflict occurs among a business’ owners or between the buyer and seller of a business. Ideally, conflicts get resolved before they become legal disputes. But when they don’t, Lance Cawthon helps individuals and organizations protect their business interests when legal action becomes necessary.
Ownership Disputes
Sometimes, when multiple people own or manage a business, a power struggle may arise. This form of conflict can take on different shapes and looks, but can threaten to undermine the business’ success and endanger the goals of all interested parties. Lance has represented business owners in such situations and helps protect the client’s interest in the business when the conflict escalates.
Contract Disputes
Business conflicts commonly involve contracts for goods or services, property, investment, or financing. It is not unusual for opposing parties in a contract dispute to assert competing claims for damages, so it is important to hire counsel with experience representing plaintiffs and defendants. Lance advises clients on the risks and rewards of litigation and tailors the legal strategy in each case to best serve the client’s objectives.
Business Fraud
Business fraud encompasses any transaction in which one party uses deception, misrepresentation, or concealment to gain an unfair advantage. Texas law provides a variety of remedies for victims of business fraud. Lance thrives on holding fraudsters accountable for their conduct and enforcing fair play in business practices.
Commercial Debt Collection
Sometimes there may be no dispute about one party’s debt to another, but the debt still goes unpaid. Lance uses his expertise to help businesses recover what they are owed from commercial debtors. When necessary, that entails converting an unsatisfied debt into a legal judgment.
Real estate litigation
Litigation over real estate may concern disputes over the sale of residential or commercial property, representations about the property, or restrictive covenants that limit a property’s use. Lance has helped clients protect their property interests in a variety of situations.
SALE DISPUTES
Any number of things can go wrong during the sale of land. A dispute may arise over earnest money, a change of heart on the eve of closing, even a simple typo resulting in a misunderstanding over the terms of sale. Lance represents buyers and sellers in disputes over the sale of real estate.
Residential Real Estate Fraud
A seller’s misrepresentation, concealment, or failure to disclose major defective conditions in a home can make life miserable for a misled buyer and result in significant economic loss. Lance provides experienced representation in real estate fraud cases.
RESTRICTIVE COVENANTS
Restrictive covenants sometimes become a source of conflict. These kinds of disputes may break out among neighbors when a landowner is accused of violating a restriction. Years or even decades of change and development in an area can also lead to this type of conflict. Lance represents individual landowners in lawsuits to enforce or challenge restrictive covenants.
GOVERNMENTAL AND FREE SPEECH LITIGATION
Cases involving governmental action or statements about matters of public concern are unique because of the special doctrines, principles, and statutes that come into play. It is crucial to have representation by a lawyer who can prepare a strategy with these unique concerns in mind.
Governmental Litigation
Lawsuits are sometimes brought for the purpose of challenging governmental action or even holding a governmental actor liable for damages. For most of his legal career, Lance has advised and represented state and local governmental entities and officials in matters ranging from federal civil rights lawsuits and employment litigation to disputes over territorial boundaries and operational issues. He has also represented private parties adverse to governmental actors in contract disputes and civil rights matters. The biggest win of his career to date came from defending an individual citizen against a lawsuit brought by the Attorney General of Texas on behalf of the State of Texas.
Free Speech and Defamation Claims
Controversial statements sometimes lead to legal trouble. All citizens are protected from government reprisal for exercises of free speech under the First Amendment. The law also protects a person’s good name and reputation from defamatory speech. Lance’s skills and experience equip him to effectively represent clients in matters involving an assertion of free speech or an allegation of defamatory speech.
The Texas Citizens Participation Act (TCPA)
It might look and sound like a law limited to First Amendment cases, but beware – the TCPA may apply in a wide range of lawsuits including business matters, real estate disputes, or employment cases. Known as Texas’ “Anti-SLAPP Statute”, the TCPA was ostensibly passed as an extra measure of protection for individuals sued in retaliation for exercising the right of free speech, right to petition, or right to associate. In practice, because the TCPA defines these rights broadly, its application has been more pervasive than one might imagine. For example, litigants have invoked the TCPA in lawsuits related to trade secrets, Uniform Commercial Code financing statements, pre-suit demand letters, and statements about the value of land. Plaintiffs risk a fast and early loss in litigation plus an obligation to pay their opponent’s legal fees and potentially even court-ordered sanctions if they are unprepared to meet a TCPA challenge. Lance’s experience fighting on either side of the TCPA battle helps his clients seize opportunities to use the law to their advantage or avoid getting caught flat-footed when an opponent attempts to use the law.