Fraud Litigation

As part of our Business Litigation practice, we provide fraud litigation services. Our business litigation attorneys represent plaintiffs and defendants involved in fraud litigation. We handle all types of fraud disputes in federal and state courts in Texas as well as nationwide.

Elements of Fraud Under Texas Law

The elements of fraud under Texas law generally are: (1) that the speaker made a material misrepresentation (2) that he knew was false when he made it or that he made recklessly without any knowledge of its truth and as a positive assertion (3) with the intent that the other party act upon it and (4) that the other party acted in reliance on the misrepresentation and (5) suffered injury thereby.

Business fraud typically occurs based on false statements, but can also be committed by omitting material facts. Fraudulent inducement is another form of fraud where one party makes a fraudulent statement to induce the other party to enter into an agreement. Fraud can occur in a variety of contexts such as business fraud, business relationships, contracts, employee fraud, fraud in purchasing or sale of goods or services, and numerous other scenarios. 

Our business trial attorneys are experienced in handling a wide range of fraud issues and have also successfully prosecuted and defended business fraud cases.

Fraud Litigation Lawsuits

Lawsuits can encompass a number of legal issues and claims from civil litigation to commercial litigation related claims including, for example:

  • Misrepresentation

  • Fraudulent Inducement

  • Misrepresentation, Omission, and Non-Disclosure

  • Fraudulent Concealment

  • Tortious Interference

  • Fraud by Business Partner

Business Fraud

Allegations of business fraud are serious. Business fraud litigation can result in monetary damages, injunctive relief, potential disgorgement, as well as damage to the reputation of a business. A successful plaintiff may also recover exemplary damages at trial. Once fraud occurs, business owners should consult an experienced business attorney. A business litigation lawyer can investigate and identify issues early to help ensure the case is handled properly from the beginning. Also, injunctive or restraining order relief may be necessary to stop further damage from occurring.

Protections from Business Fraud

All businesses, especially smaller businesses in growth mode, are susceptible to fraud. Many businesses will encounter fraud disputes at some point. Consulting an attorney for advice on implementing protections from fraud is a proactive approach to lessen damages and help prevent fraud. Our business lawyers help clients with business strategies to prevent fraud litigation and fraud disputes through services such as:

  • Review of contracts and commercial agreements

  • Forensic accounting and financial analysis to uncover fraud

  • Investigating business partners and departed employees for evidence of malfeasance

  • Protection of intellectual property assets

  • Due diligence reviews and analysis of computer forensics related to potential business fraud

Local Counsel for Fraud Litigation Matters

We also act as local counsel for out-of-state plaintiffs and defendants involved in fraud litigation in state and federal courts in Texas. See our Local Counsel page for more information regarding our services.

Additional Insights Regarding Fraud Litigation

For more information on fraud legal issues, see our Legal Insights and Industry Solutions pages.