Business Litigation

Contract disputes, partner and owner conflicts, fiduciary duty claims, and other commercial litigation for businesses in San Antonio, Laredo, and across Texas.

When a deal goes bad, a partner takes the business in a different direction, or a competitor crosses a line, the contract and the paper trail usually decide who has leverage, and Texas deadlines move quickly. We are a San Antonio litigation firm serving clients in San Antonio and Laredo, led by Christian A. Davila Cobos, a Texas attorney licensed since 2013.

Disputes we handle

  • Breach of contract and payment disputes
  • Partner, shareholder, and LLC member disputes
  • Breach of fiduciary duty and corporate governance conflicts
  • Fraud, misrepresentation, and business tort claims
  • Tortious interference with contracts and business relationships
  • Non-compete, non-solicitation, and confidentiality agreement disputes
  • Trade secret misappropriation
  • Commercial lease disputes
  • Temporary restraining orders and injunctions
  • Collection of unpaid invoices and commercial debts

How these disputes work in Texas

Start with the contract. Most business disputes turn on what was signed. Payment terms, notice requirements, cure periods, dispute resolution clauses, and attorney's fee provisions often decide the strategy before any lawsuit is filed. Many contracts also require arbitration or mediation first, which changes where and how the case proceeds.

Attorney's fees. A person who prevails on a breach of contract claim may recover reasonable attorney's fees from the other side, but must generally present the claim first and follow the statute's requirements (Civil Practice and Remedies Code Chapter 38). Because fees can matter as much as damages, the first demand letter deserves care.

Deadlines to sue. Breach of contract, fraud, and breach of fiduciary duty claims generally carry four-year limitations periods (Civ. Prac. & Rem. Code §§ 16.004 and 16.051). Conversion claims generally carry two years (§ 16.003), and Texas courts apply the same two-year period to tortious interference. Trade secret claims generally carry three years from when the misappropriation is discovered or should have been (Civil Practice and Remedies Code § 16.010). A contract cannot shorten the time to sue to less than two years (§ 16.070). Exceptions apply.

Non-competes. Texas enforces a covenant not to compete only when it is part of an otherwise enforceable agreement and is reasonable in time, geographic area, and scope of activity (Business and Commerce Code § 15.50). A court can reform an overbroad covenant, which makes both enforcing and defending one a fact-intensive fight.

Trade secrets. The Texas Uniform Trade Secrets Act (Civ. Prac. & Rem. Code Chapter 134A) allows claims against those who misappropriate confidential business information, and courts can issue injunctions when speed matters.

Owners fighting each other. Disputes between members, partners, and shareholders usually come down to the company agreement or bylaws, the duties each owner owes, and whether someone took company assets or opportunities. The documents set the rules, which is why a clean company agreement is the best protection.

Steps to take now

  1. Gather the contract, every amendment, and all emails and texts about the dispute.
  2. Do not delete anything. Preserve documents and messages, including on personal phones.
  3. Read the contract's notice, cure, and dispute resolution terms before you send or respond to a demand.
  4. Keep communications with the other side in writing and professional.
  5. Do not sign a release, settlement, or amended agreement before you understand what you are giving up.
  6. If someone is taking customers, employees, or confidential information, tell a lawyer right away. Speed matters for injunctions.

Why Davila Cobos

Business litigation is a core part of our practice, and we represent owners and companies in San Antonio and Laredo.

Christian A. Davila Cobos has been licensed in Texas since 2013. Before founding the firm, he was a senior attorney at a nationwide insurance defense firm, where he handled disputes from inception through trial. That background gives him a close view of how the other side evaluates a case, builds its defenses, and decides whether to settle or fight. Today he handles business litigation alongside real estate litigation, construction defect claims, insurance claim disputes, and real estate transactions, so he understands the deal as well as the dispute.

Here is how we approach a business dispute:

  • The documents first. We start with the contract, company agreement, and communications, because they usually decide leverage.
  • Deadlines before strategy. We map every notice, cure, arbitration, and limitations deadline up front.
  • Cost-conscious. We discuss the likely cost against what is at stake before you commit, including early resolution options.
  • Built for trial, open to settlement. We prepare each case as if it will be tried, because that is what produces good settlements.
  • Direct access. You work directly with the attorney handling your case, not a rotating cast of staff.
  • Straight talk. You get a candid assessment of your position, the risks, and the likely costs before you decide how to proceed.

Frequently asked questions

Do I need to send a demand letter before suing for breach of contract? Often, yes. Texas law requires presentment of a claim before attorney's fees can be recovered, and many contracts have their own notice and cure steps. A well-written demand can also resolve the dispute without a lawsuit.

Can I enforce a non-compete against a former employee or partner? Sometimes. It must be part of an otherwise enforceable agreement and be reasonable in time, geography, and scope. Courts look closely at the facts.

What can I do if a former partner is taking clients or confidential information? You may have claims for breach of contract, breach of fiduciary duty, or trade secret misappropriation, and a court can issue temporary relief in some cases. Preserve evidence and talk to a lawyer quickly.

My contract has an arbitration clause. Can I still go to court? Usually not for claims the clause covers, though there are exceptions, including when a party seeks urgent injunctive relief. We review the clause before filing anything.

Do you also help set up or restructure the business? Yes. See our page on business structuring for real estate investors, and our real estate litigation page for property-related business disputes.

Talk to a lawyer

Have a business lawsuit on your hands? Call (210) 660-8548 or email christian@davilacoboslaw.com. San Antonio, Texas, serving San Antonio and Laredo.