Our business litigation lawyers and commercial litigation attorneys combine decades of legal, business, and financial experience in handling and resolving every business dispute we face. While many commercial litigation firms claim to approach business lawsuits aggressively with an eye toward trial, Burford Perry’s legal team has significant experience across a myriad of business disputes and we understand that each matter is unique. Though our lawyers have successfully tried more cases than most, we recognize that some disputes are better handled through strategic negotiation rather than through complex and costly litigation.

Why Burford Perry LLP? Proven Business Litigation Lawyers.

As boutique business litigation lawyers, we have the advantage of selectively building our team. Before law school, Robert Burford worked as an accountant for two Big Eight accounting firms. He continued building his financial acumen when starting his career in Houston as a tax attorney before honing his commercial trial skills across more than 20 years at the nationally recognized boutique litigation firm of Gibbs & Bruns, ultimately serving as the firm’s managing partner.

Our remaining attorneys dialed in their business litigation skills through years of experience. Before forming Burford Perry, Brent Perry spent more than two decades resolving business disputes and handling cases as a commercial attorney. For example, he resolved a minority shareholder’s lawsuit for over $3 million despite the Texas Supreme Court essentially terminating shareholder oppression claims during the case. Partner Matt Parks cut his teeth representing one of the major defendants in the BP Deepwater Horizon offshore oil rig explosion litigation.

Partner Kevin Powers has over 15 years of experience handling business litigation matters and is Board Certified in Civil Trial Law by the Texas Board of Legal Specialization. Jay Jackson, Of Counsel, is well known throughout the Houston legal community for his wide-ranging trial experience across 22 years of practice. He has been Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization for over 20 years.

We pride ourselves on applying this experience to understand the nuances of our clients’ goals and businesses, so we know what success means for each case. While we have a proven track record of aggressively protecting our clients’ interests and obtaining successful verdicts in judge and jury trials, we have just as strong of a history resolving business disputes outside of the courtroom. After all, sometimes the best solution for a commercial issue is to resolve it through negotiation, arbitration, or other types of alternative dispute resolution. Our clients can be sure though that when negotiations have broken down, our business litigation attorneys have repeatedly won the most serious, bet-the-company litigation.

Types of Commercial Litigation

The legal team at Burford Perry LLP is experienced in successfully handling a variety of commercial litigation. We have handled complex, high-stakes commercial disputes for both plaintiffs and defendants, including those involving:

• Breach of Fiduciary Duty – Accusations of breach of fiduciary duty are serious and often complex. This complexity and the high burden placed on fiduciaries necessitates a skilled business litigation lawyer to reach a successful resolution.
• Directors and Officers Liability – Determining if officers or directors are legally liable for decisions that result in harm can be complicated. Officers and directors enjoy certain protections from liability in commercial litigation, starting as soon as during the early jurisdictional stages, that must be approached with care. This type of liability does not always attach to business financial losses.
• Partnership Disputes – When partners disagree, it can put an entire business in jeopardy. However, there are many ways to peacefully and successfully resolve partnership disputes with the help of an experienced commercial litigation attorney.
• Trade Secret Misappropriation – Sometimes a company’s most important assets are not just confidential but also trade secrets. When these trade secrets are stolen, the ensuing litigation must be handled delicately by a business litigation law firm with significant experience with these matters.
• Breach of Contract – Commercial litigation frequently starts when one party refuses to uphold or is prevented from upholding its end of a contract. Despite being a common occurrence, breach of contract disputes can be complicated by each contract’s unique nature and terms and other business aspects.
• Business Fraud – Allegations of business fraud are incredibly serious and can sometimes involve criminal components. Only experienced commercial litigation attorneys should handle business fraud claims.
• Real Estate – Real estate deals – whether residential or commercial – can be complicated; and, when these business deals go wrong, it can cost the parties millions. To protect your property and/or financial investment, always work with an experienced real estate litigation attorney.
• Shareholder Disputes – All shareholders have rights; and, when these rights are infringed upon, business disputes quickly arise. If a shareholder dispute is not handled correctly, it can destroy a business’s reputation and profitability.
• Church Disputes – Like all organizations, churches and other faith-based institutions have disputes; but, unlike other organizations, churches and other religious entities need an attorney who understands how they operate. Churches and other religious institutions seeking legal advice need to choose a business litigation attorney who can resolve disputes while preserving the sanctity and integrity of the church and its membership.

Houston Business Litigation Frequently Asked Questions

What do I do if my company is being sued?

If your company is being sued, you should contact a commercial litigation lawyer as soon as possible to set up a meeting to discuss your options. You should communicate with the party suing you only through their lawyer who filed the business lawsuit and ideally only your business litigation attorney will be communicating on your behalf. You will need to inform all applicable insurance providers for your business about the lawsuit. Your attorney and your insurer will work together to determine the best litigation strategy moving forward to protect your business interests. Even though business disputes can be involved and distracting, hiring an experienced lawyer can help you remain focused on your daily operations and keep your company on track during the litigation process.

How do you resolve a business dispute?

Business disputes can be resolved in a variety of ways – both outside of the litigation process and in court. To determine which method of business dispute resolution is recommended for your particular situation, it is best to consult with a business litigation lawyer. An attorney can counsel you as to what the legal issues are, where your company stands, and what your options are. One option is alternative dispute resolution, beginning with negotiation. This is the quickest and easiest way to resolve a business dispute. If negotiations are unsuccessful, a business and its legal team can choose to pursue arbitration or mediation. If these are not options – because perhaps the other side has already filed a lawsuit against your company – the dispute will be resolved in court through commercial litigation.

Is litigation damaging to a small business?

Litigation can be extremely damaging to a small business, but with the right legal counsel it doesn’t have to be. Litigation publicity can cause serious harm to a company’s reputation, which will decrease sales in some cases to the point where the business must close its doors. Business litigation is costly to small businesses with regard to both the time involved and financially. There will be legal fees involved (which vary wildly depending on the cause of action), emotional hardship, and often changes to business operations will be required. If insurance is involved and has to cover losses, this will also impact a small business’s ability to secure future coverage and increase the premiums for existing policies.

Is arbitration preferable in a business dispute?

Arbitration is often a preferable means of resolving a business dispute when compared to business litigation. Our commercial litigation lawyers routinely handle business arbitration matters and choose this option if it is in the best interests of our business clients. Some of the reasons arbitration can be better for a business in a business dispute include:

• There is no jury involved so you do not have to worry about the personal opinions and biases of a number of citizens who would decide your case.
• The arbitration process is typically a lot faster than litigation.
• The business dispute remains private as arbitration is generally kept confidential by agreement.
• Arbitration can be flexibly adjusted to suit the needs of each individual dispute.
• The parties control who will arbitrate the matter – whether one arbitrator or a panel of arbitrators.
• Arbitration awards are often binding, meaning that the parties will have an immediate and final resolution to their dispute at the end of the process.

How do I protect my business from a lawsuit?

There are many ways a company can protect itself from being sued, the number one method being to work with an experienced business lawyer to draft thorough and comprehensive contracts and other business documents that detail everything in writing. In addition, protecting the business and those who own it should be a top consideration from the time of entity formation; owners need to ensure their individual assets are legally separate from business assets and cannot be touched if their company should be the subject of a lawsuit. Securing and maintaining appropriate insurance coverage is also key to protecting one’s business in the event of a lawsuit.