Practice area

Commercial Litigation Attorneys in Texas

7 min read

  • 3 firms listed
  • 4 questions answered

A breached contract, a fight between owners, a competitor’s interference with a customer, or a former employee leaving with confidential data can stall a business and drain cash. Commercial litigators bring and defend these claims in Texas state district courts, in the four federal districts in Texas (Northern, Southern, Eastern, and Western), in arbitration, and, for qualifying disputes, in the Texas Business Court.

The Business Court hears certain governance, securities, and owner disputes where the amount in controversy exceeds $5 million, or regardless of the amount if a party is a publicly traded company (§ 25A.004(c)), and, after House Bill 40 (2025), certain contract, qualified transaction, intellectual property, and trade secret actions above $5 million (previously $10 million for several of these), as well as related arbitration enforcement actions (Government Code § 25A.004, as amended by H.B. 40). Appeals from the Business Court go to the Fifteenth Court of Appeals (§ 25A.007). Choosing the forum is often one of the first strategic decisions in a business case. Appeals from these cases are covered in the guide to appellate attorneys in Texas, and patent and trade secret disputes in the guide to intellectual property attorneys in Texas.

What Commercial Litigation Attorneys Handle

Breach of Contract

Contract disputes are the most common commercial case. They turn on what the contract says, whether a party failed to perform, and what damages follow. A suit on a debt must generally be filed within four years after the claim accrues, and four years is also the default limitations period when no other period applies (Civil Practice and Remedies Code §§ 16.004, 16.051), though contracts and specific statutes can change the analysis.

Business Torts and Fraud

Business torts include fraud, negligent misrepresentation, tortious interference with contracts or prospective business relationships, and unfair competition. Exemplary (punitive) damages are available only if the claimant proves by clear and convincing evidence that the harm resulted from fraud, malice, or gross negligence, and the jury must be unanimous on liability for and the amount of exemplary damages (Civil Practice and Remedies Code § 41.003). In most cases, Texas caps exemplary damages, with exceptions for certain felony conduct (§ 41.008).

Shareholder and Partnership Disputes

Disputes among owners involve distributions, control, deadlock, removal of managers, and buyouts. In Ritchie v. Rupe (2014), the Supreme Court of Texas held that the conduct in that case was not “oppressive” under the rehabilitative receivership statute and declined to recognize a Texas common-law cause of action for shareholder oppression. Minority owners therefore rely on the company agreement or shareholder agreement, derivative claims for duties owed to the company, statutory remedies such as rehabilitative receivership, and fiduciary claims where a duty exists on the facts. In 2025, Senate Bill 29 amended the Business Organizations Code’s rules on derivative proceedings and director and officer conduct for corporations that qualify for or elect those provisions, so the entity’s status matters.

Trade Secret and Non-Compete Disputes

The Texas Uniform Trade Secrets Act (Civil Practice and Remedies Code Chapter 134A) allows injunctions and damages for misappropriation. A court may award attorney’s fees to the prevailing party if misappropriation was willful and malicious, or if a claim of misappropriation or a motion about an injunction was made or resisted in bad faith (§ 134A.005). A covenant not to compete is enforceable only if it is ancillary to or part of an otherwise enforceable agreement and contains reasonable limitations as to time, geographic area, and scope of activity (Business and Commerce Code § 15.50).

How to Choose a Commercial Litigation Attorney

Trial experience. Ask how many business cases the attorney has tried to verdict or arbitral award, not only how many settled.

Forum experience. Ask about recent work in the court that will likely hear your case, including the Business Court if your dispute qualifies.

Resources. Large cases need document review, expert witnesses, and trial teams. Ask how the firm staffs a case your size.

Strategy fit. Some firms push early resolution; others prepare every case for trial. Discuss what you want before you hire.

Texas Commercial Litigation Law Firms

Godwin Bowman PC

Location: Dallas, Texas

Website: https://www.godwinbowman.com

Phone: 214-939-4400

Godwin Bowman handles business litigation matters, representing companies and individuals in complex commercial disputes. The firm handles matters in state and federal courts.

Practice Focus:

  • Business and commercial litigation
  • Securities litigation
  • Corporate governance disputes
  • Partnership and shareholder conflicts

Hendershot Cowart P.C.

Location: Houston, Texas

Website: https://www.hchlawyers.com

Phone: 713-528-8793

Hendershot Cowart handles commercial disputes for clients ranging from small and midsize businesses to multinational publicly traded companies. The firm’s litigators address breach of contract, intellectual property disputes, employment conflicts, shareholder and partner disputes, insurance coverage issues, and trade secret theft. They emphasize both aggressive trial preparation and alternative dispute resolution when advantageous to clients.

Practice Focus:

  • Contract disputes
  • Shareholder and partner litigation
  • Insurance coverage disputes
  • Trade secret and IP litigation

Haynes and Boone, LLP

Location: Houston, Texas (with offices statewide)

Website: https://www.haynesboone.com

Phone: 713-547-2000

Haynes and Boone fields more than 175 business litigation attorneys handling disputes across multiple industries including energy, financial services, healthcare, real estate, and technology. The firm represents clients in state and federal courts throughout Texas and nationally. Their litigation practice includes appellate work, arbitration, and regulatory matters alongside traditional courtroom advocacy. The firm has represented major clients including AT&T, ExxonMobil, ConocoPhillips, and Goldman Sachs.

Practice Focus:

  • Complex business disputes
  • Securities litigation
  • Energy litigation
  • Appellate advocacy

Costs and Fees

Commercial litigation is usually billed hourly, and rates vary by firm size, city, and the lawyer’s seniority. The total depends mostly on discovery, expert witnesses, motion practice, and whether the case goes to trial. Some firms take plaintiff-side business cases on contingency or a hybrid of reduced hourly rates and a success fee, and some offer blended rates for ongoing work. Ask for a budget by phase and a written fee agreement.

Frequently Asked Questions

Should I try to settle my business dispute before filing a lawsuit?

Often, yes. Most commercial disputes settle before trial, and an early settlement can save time and money. Some situations require suing first, to stop limitations from running, to get an injunction, or to obtain discovery. Texas courts can refer pending cases to mediation or other alternative dispute resolution on their own motion or a party’s motion (Civil Practice and Remedies Code § 154.021), and many commercial cases are mediated before trial.

What is the difference between arbitration and litigation?

Arbitration is a private process in which an arbitrator or panel decides the dispute under the parties’ agreement, with very limited grounds to challenge the award. Litigation happens in public courts with formal rules and full appeal rights. Texas enforces written arbitration agreements under the Texas Arbitration Act (§ 171.001), and the Federal Arbitration Act applies to contracts involving interstate commerce in both state and federal courts.

How long do commercial lawsuits take in Texas?

It depends on the court’s docket, the amount of discovery, and whether the case settles. Many cases resolve through motions or settlement, while complex cases that go to trial can take years, and an appeal adds more time.

What damages can I recover in a commercial lawsuit?

Actual damages proven with reasonable certainty, which can include lost profits and other economic losses. Exemplary damages require clear and convincing proof of fraud, malice, or gross negligence and are capped in most cases. A person who prevails on a claim for an oral or written contract, and certain other claims, can recover reasonable attorney’s fees from an individual or organization under Chapter 38 (§ 38.001). A defendant who wins usually needs a contractual or statutory fee provision to recover fees.

Sources

Disclaimer: This directory is provided for informational purposes only and does not constitute legal advice, endorsement, or recommendation of any attorney or law firm. Information about attorneys and law firms was compiled from publicly available sources and may not be current or accurate. We make no representations or warranties about the qualifications, experience, or quality of any attorney listed. Always verify attorney credentials with the State Bar of Texas, confirm current contact information, and conduct your own due diligence before hiring legal counsel. No attorney-client relationship is created by use of this directory.