Most litigation is decided long before trial.
It is decided in the first 30 days - when the demand letter is sent or received, when the document hold goes out, when the early case assessment is done, and when the strategic posture is set. Cases that are well-positioned in those first 30 days resolve on favorable terms. Cases that are mishandled at the start either die in summary judgment or settle on bad terms a year later.
Our litigation practice exists to position your dispute correctly from day one - whether you initiated it or are defending against it - and to drive it to the right resolution as efficiently as the facts allow. We will tell you when to settle, when to push to mediation, and when the case genuinely needs to go to trial.
Disputes we handle
Contract disputes
Breach of contract claims as plaintiff and as defendant - SaaS agreements, vendor contracts, MSAs, distribution agreements, leases, professional services. Most contract disputes are document-driven and turn on the words of the agreement plus the conduct of the parties.
Partnership & shareholder disputes
Co-founder breakups, oppression claims by minority owners, fiduciary duty disputes, buy-out negotiations, and the operating agreement provisions that govern them. These cases are emotional and they are existential for the business - we drive to resolution.
IP & trade secret litigation
Trademark infringement, copyright infringement, trade secret misappropriation under TUTSA and DTSA, and IP-related contract disputes. Often paired with TRO/preliminary injunction motions where speed matters.
Employment claims
Defense of discrimination, retaliation, wage-and-hour, non-compete enforcement, and trade secret claims against departing employees. Coordinated with our employment practice for a unified response.
Commercial real estate disputes
Commercial lease disputes, broker disputes, and title and easement issues affecting small business premises.
Pre-litigation strategy & demand letters
The work we do before suit is filed - written legal opinions on the strength of a claim, demand letters that drive resolution, and document preservation that protects your position if litigation does follow.
Travis County & W.D. Texas
Our process
- Early case assessment. Within the first week we deliver a written ECA - the claims and defenses, the merits, the realistic range of outcomes, and the recommended strategy. Investing in the ECA up front is what makes the rest of the case efficient.
- Document hold & preservation. Issued immediately to preserve evidence and to satisfy spoliation obligations.
- Pre-litigation negotiation. Most disputes have a settlement number. We test for it before incurring litigation cost.
- Pleadings & discovery. Tight pleadings, focused discovery, and aggressive use of dispositive motions to narrow the case.
- Mediation. Texas courts routinely order it; we use it strategically when the case is right for resolution.
- Trial. Travis County state court, W.D. Texas federal court, and arbitration forums - tried by lawyers who actually try cases.
Common litigation scenarios
The customer who will not pay
Six-figure invoice unpaid, customer claims dissatisfaction. We assess whether the underlying claim is real, send the demand letter, and file suit on a sworn account or breach of contract theory with a Chapter 38 fee claim if the demand is ignored.
The departing employee with your customer list
A salesperson left for a competitor and started calling your customers. We move quickly on a TRO and preliminary injunction theory under TUTSA, the non-solicit, and the employment agreement, while the trail is fresh and the damage is containable.
The co-founder who wants out (or wants you out)
Operating agreements rarely cover the messy reality of a co-founder breakup. We negotiate buy-outs under the existing documents where possible, litigate fiduciary duty and oppression claims where not, and structure separations that let the business actually move forward.
The TRO at 5 PM on Friday
Someone served you with a TRO application or you need to file one yourself. We move fast - same-day strategy call, same-week filing or response, and a focused effort to get the right preliminary outcome that sets the trajectory of the case.
Why Sterling & Hayes
You get litigation counsel that handles real disputes for real Austin businesses - not a Big Law litigation factory and not a generalist who handles a case here and there. We are honest about case value and cost. We move fast when speed matters. We resolve cases when resolution makes sense, and we try the cases that need to be tried.
