Winstead Business Divorce is a go-to resource for majority owners and minority investors in private Texas companies. The site features business news, legal trends, insights and blog posts that will be of interest to those holding an ownership stake in private companies, as well for those affiliated with or providing advice to private companies, which includes officers and directors, accountants, estate planners, wealth management advisors and business and family lawyers. Learn more
Winstead’s Business Divorce attorneys frequently represent majority owners and substantial minority investors in successful private Texas companies. Our accomplished team understands the business challenges, governance issues, and federal and state laws involved in achieving a separation among private company business partners, including the type of issues that arise when this parting of the ways takes place in the context of a family divorce case. Winstead attorneys are recognized for their experience in optimizing business outcomes for their clients while effectively managing their legal fees and expenses. Our experience in bringing creative ideas to the table in Business Divorce matters helps in developing both legal and business strategies that are designed to achieve our clients’ objectives. The Winstead Business Divorce team includes attorneys from the firm’s offices in Austin, Dallas, Fort Worth, Houston and San Antonio.Read More...
Yasmin Atasi has been a member of Winstead’s litigation practice since 1990. Her practice includes lender liability defense, debt collection for financial institutions, real estate litigation, landlord/tenant litigation, securities fraud litigation, insurance defense, Employee Retirement Income Security Act litigation, and general complex commercial and business disputes. Read More
David maintains an active trial and appellate practice and has consistently worked on financial institution litigation matters throughout his career. David is the primary author of the Texas Fiduciary Litigator blog, which reports on legal cases and issues impacting the fiduciary field in Texas. Read More
James Ruiz has extensive trial experience in federal and state courts across the nation representing his clients’ business interests for more than 25 years. James has broad industry experience in complex business and business litigation and arbitration cases in several substantive areas, including banking and real estate, intellectual property, securities, insurance, franchisor/franchisee disputes, corporate and partnership issues and governmental Read More
Stephen Clarke is a trial and appellate lawyer who focuses on complex civil litigation. He has represented plaintiffs and defendants in a variety of cases in federal and state courts throughout the country, with an emphasis on complex commercial disputes, contract and business tort litigation, class actions, insurance litigation, fiduciary litigation, real-estate litigation, and construction litigation. Read More
Brad Monk focuses his Business Litigation Practice on defending large and small companies and individuals in breach of contract, business, medical device, non-compete, personal injury, professional liability, trade secret, and transportation industry disputes. Read More
The Winstead Way
Representing clients in Business Divorce matters is a significant part of Winstead’s practice.
And while it’s our profession and passion, we are acutely aware that nearly all of our clients want their lawsuit or dispute to go away. Quickly, definitively, discreetly and inexpensively.
Every attorney at Winstead understands the gravity and responsibility of clients choosing us to handle their business divorce. We work vigorously to protect our clients’ rights and interests, while helping them evaluate, manage and control the risks, costs and uncertainties associated with a business divorce.
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Partnership Agreement Was Invalid Where IT Was Entered Into Between A Fiduciary And Principal And Was Otherwise Unfair And The Principal Did Not Owe Fiduciary Duties As A Partner Where There Was No Enforceable Partnership
In Adam v. Marcos, an attorney and his client agreed to a joint venture/partnership. No. 14-18-00450-CV, 2021 Tex. App. LEXIS 2060 (Tex. App.—Houston March 18, 2021, no pet. history).Continue Reading Partnership Agreement Was Invalid Where IT Was Entered Into Between A Fiduciary And Principal And Was Otherwise Unfair And The Principal Did Not Owe Fiduciary Duties As A Partner Where There Was No Enforceable Partnership
In TSA-Tex. Surgical Assocs., L.L.P. v. Vargas, one partner sued his other partners for various claims regarding the defendants attempt to squeeze the plaintiff out of the partnership. No.Continue Reading Business Divorce: Court Affirms Denial Of SLAPP Motion Regarding Partnership Divorce Suit
Court Found That There Was A Fact Question On Whether Officers Violated Fiduciary Duties By Obtaining A Side Bonus From A Purchaser When Negotiating A Sale Of The Company’s Assets
A business divorce may mean that the owners need to sell the business or the business’s assets. In the following case, some of the owners/officers took advantage of a sale…Continue Reading Court Found That There Was A Fact Question On Whether Officers Violated Fiduciary Duties By Obtaining A Side Bonus From A Purchaser When Negotiating A Sale Of The Company’s Assets