Law Office of
Brandy Baxter-Thompson

Practice: Civil Litigation

Commercial & Business litigation covers a wide area of law, and generally includes lawsuits in which a business or individual suffers economic or pecuniary damages. We can assist individuals or businesses with disputes involving breach of contract, collections on accounts, business torts such as fraud or tortious interference with business contracts and relationships, and deceptive trade practices. We represent both plaintiffs and defendants.

• COLLECTIONS
  • Whether dealing with business or consumer debts, our firm can help companies recover their losses in a timely and cost-efficient manner. In representing debtors, we are knowledgeable in the law and procedure to reduce or eliminate liability. Our debt collection representation includes the following:
  • Negotiation, pre-suit mediation, mediation and arbitration
  • Litigating the matter in court
  • Pre-judgment collections to obtain cash or collateral before undergoing judgment proceedings
  • Post-judgment collections to pursue a debtor's assets
  • Domestication of judgments wherever necessary in order for you to collect on the judgment
• CONTRACTS
  • When one of the parties to a contract does not honor his or her promise to perform, a contract dispute may arise between the parties. We represent both businesses and individuals in contract disputes. Regardless of the type of dispute-professional or personal-we will pursue your case with a singular goal: to obtain a successful verdict at trial or settlement
• BUSINESS TORTS
  • Breach of fiduciary duty: A "fiduciary relationship" is formed when someone places special confidence and trust in another who has substantially superior knowledge and training, and because of this knowledge and training, that person comes to act in his or her best interest. If this trust is knowingly and voluntarily accepted, a "fiduciary" relationship can exist. This special relationship places a legal duty on the stronger of the two to act diligently in the best interest of the weaker party and never to secure any advantage at the weaker party's expense. Courts tend to rigorously enforce fiduciary duties, and in the event of a willful breach often award punitive damages as well as compensatory damages. Some common examples of fiduciary relationships are a trustee-beneficiary relationship, a doctor-patient relationship, a lawyer-client relationship and a corporate officer-stockholder relationship.
  • Fraud: This is an area of law that often overlaps with criminal law. In the civil business litigation arena, the proof requires a showing that the defendant made a false statement that he or she intended the plaintiff to rely upon. There must also be a showing that the plaintiff relied upon it, and that the plaintiff suffered damages as a result of this reliance. Punitive damages are commonly awarded to successful plaintiffs in fraud cases.
• DECEPTIVE TRADE PRACTICES
  • Enacted in 1973, the Texas Deceptive Trade Practices Act ("DTPA") was created to protect consumers from false, misleading, and deceptive practices by business and insurance practice as well as breaches of warranty and unconscionable actions. The Act defines consumers to include natural persons and small to middle sized businesses.
  • What conduct does the Act prohibit? The DTPA's full text can be found at section 17.41 of the Texas Business and Commerce Code. Specifically, section 17.46(b) contains a non-exhaustive list of 25 prohibited acts. Some of the prohibited acts include:
    • Passing off goods or services as those of another
    • False representation
    • False disparagement of goods or services of another business
    • False advertising (in certain circumstances)
    • Fraud by repairpersons (i.e. mechanic's shops)
    • False misrepresentation
    • Motor vehicle Fraud
    • False warranties
    • Failure to disclose certain information in sales of goods and services
    • False representation of business entity status
    • Price gauging after a disaster