Business Litigation for Companies in Texas and Across the Country

Texas businesses should engage a litigation attorney as soon as a dispute arises; typically before, and no later than, when a demand letter is received, a contract has been breached, or the other party has retained counsel.

Waiting until a lawsuit is filed significantly limits your strategic options and increases total cost. We advise mid-market companies to involve litigation counsel early, when negotiated resolution is still possible and before positions have hardened. Early involvement does not mean automatic escalation, it simply means having a better understanding of options, risks, and exposures, allowing for a clear-eyed strategy before the other side sets the terms.

For most mid-market commercial disputes in Texas, mediation is often a preferred first step. It is faster, less expensive, preserves business relationships, and allows for business solutions that full-blown litigation (and trial) would likely diminish.

Texas courts routinely require mediation before setting a trial date, and a skilled litigator can use the mediation process to reach favorable terms without the uncertainty of a jury verdict.

That said, some disputes require the credible threat of trial preparation before the other party negotiates seriously. Our litigation partners structure every case from the outset with both paths in mind.

A commercial dispute in Texas state court typically takes 12–24 months from filing to resolution, though cases can last longer.

Complex matters involving multiple parties, substantial discovery, or disputed testimony, can extend to 36 months or beyond. Your lawsuit being in federal court, state court, or arbitration can also impact the timeline.

Our approach at BoyarMiller is to assess the available forums, focusing on the fastest and most efficient path to reach our client’s business objective; not the path that maximizes billable hours.

For the vast majority of commercial disputes in Texas, a mid-market firm with partner-led representation offers the best of all worlds; we can delivers big-firm depth and experience, while also offering significantly more senior attention and access per matter.

BoyarMiller’s litigation team works with Texas companies facing complex and consequential disputes, guiding our clients to impactful resolutions without exorbitant rates or infrastructure.

Yes. At BoyarMiller, our partners are the primary attorneys on every matter, from the first call through resolution. There is no associate layer between the client and the attorney making strategic decisions, settlement positioning and negotiation, and trial presentation.

This is a deliberate structural choice: litigation requires the judgment that comes from experience, while also benefitting from the efficiency of working with associates and paralegals as makes sense.

Partner-led litigation means the attorney responsible for your case is a senior partner.

At BoyarMiller, the partner who meets you at the outset is the attorney who directs development of your litigation strategy, conducts depositions, argues motions, and represents you in court.

The difference is often significant: partner-led representation means the attorney making decisions about your case has seen hundreds of disputes, knows the Texas courts, and brings judgment to every decision, not just process management.

Yes, regional capability and litigation complexity are two different things. The complexity of a commercial dispute is determined by the legal issues involved, not the geographic footprint of the firm representing you.

Our team has litigated complex commercial matters, including multi-party contract disputes, business fraud claims, and partnership dissolution cases, in courts and arbitration across the country for more than 30 years.

In Houston, specifically, we offer a local knowledge of the courts and we take pride in our professional reputation as zealous advocates who practice with highest integrity.

When a Texas company receives an EEOC charge, the response window is short and the first steps significantly affect the outcome. The EEOC typically requires an employer’s position statement within 30 to 60 days of notification.

Companies should retain employment defense counsel immediately upon receipt: before responding to the EEOC, before communicating with the charging party, and before making any employment decisions that could be characterized as retaliation.

Our team of EEOC defense attorneys advise Texas employers on EEOC charge response, position statement preparation, mediation during the EEOC investigation process, and litigation strategy if a charge escalates to a lawsuit in federal or state court.

The strongest defenses are grounded in documentation: performance records, progressive discipline history, consistent application of company policy, and concurrent communications that establish the legitimate reason for the termination. We often say that the one thing worse than not having a policy for handling discipline issues is not following the policy you have.

Our wrongful termination defense attorneys advise Houston and Texas-based companies on employment litigation defense from the moment a complaint, demand letter, or lawsuit is received, including pre-trial strategy, discovery management, and where appropriate, negotiated resolution.

Companies should regularly audit (both internally and through outside counsel) their pay practices and job descriptions to ensure that their employees are being classified correctly as exempt or non-exempt and being paid in compliance relevant federal, state and local laws.

If a Company receives notice of a wage & hour dispute brought by an employee or federal or state agency, it should contact outside counsel as soon as possible to initiate efforts to defend itself. Our employment litigators regularly defend companies against wage & hour/overtime disputes, lawsuits, and Department of Labor audits.

Yes, but whether a non-compete agreement is enforceable depends on the specific language of the agreement and the facts surrounding the employment relationship. Texas law permits reasonable non-compete agreements that protect legitimate business interests, but courts closely evaluate factors such as scope, duration, and geographic reach.

BoyarMiller represents companies in disputes involving non-compete, non-solicitation, and confidentiality agreements. Whether you need to enforce a restrictive covenant or defend against claims that an agreement has been violated, our attorneys develop practical strategies designed to protect your workforce, customer relationships, and business interests while minimizing disruption to operations.

Trade secret disputes require prompt action. If confidential information, customer relationships, proprietary processes, or other valuable business assets have been improperly used or disclosed, delaying action can make protecting those assets more difficult.

BoyarMiller represents companies in trade secret litigation involving former employees, competitors, business divorces, partnership disputes, ownership conflicts, and other commercial disagreements. We help businesses pursue or defend claims involving confidentiality agreements, fiduciary duties, unfair competition, and the protection of proprietary information while focusing on practical business outcomes.

Not every contract disagreement belongs in court, but when a breach threatens your company’s operations, revenue, customer relationships, or long-term business objectives, experienced legal counsel can help you evaluate your options early.

BoyarMiller advises companies in disputes involving commercial contracts, vendor and supplier agreements, service contracts, purchase agreements, operating agreements, and other business relationships. Our attorneys work to resolve disputes efficiently through negotiation or mediation when possible, while preparing every case for litigation if that becomes necessary.

Yes. Many of our clients are headquartered outside Texas but have business operations, employees, contracts, customers, partners, or litigation pending in the state.

As a Houston-based business litigation firm, BoyarMiller regularly represents out-of-state companies in Texas state and federal courts, as well as in arbitration and other dispute resolution proceedings. We serve as trusted Texas counsel, helping businesses navigate Texas law while coordinating with in-house legal teams and out-of-state counsel to develop efficient, business-focused strategies.

When a commercial tenant breaches a lease in Texas, through non-payment of rent, abandonment, lease violations, or failure to maintain the space, a landlord typically has several actionable options. These include demand and cure notice, pursuit of unpaid rent and damages through litigation, lease termination and re-letting the space, and enforcement of any personal guarantees that supported the lease.

The fastest path depends on the specific breach and the landlord’s priorities. Our partners represent commercial landlords and tenants in Texas lease disputes, with services including pre-litigation negotiation, unlawful detainer proceedings, and commercial landlord-tenant litigation in Texas courts.