Question 1

What is breach of fiduciary duty in Texas?

Accepted Answer

A breach of fiduciary duty occurs when someone in a position of trust — a business partner, corporate officer, director, or financial advisor — fails to act in your best interests and instead acts in their own. In Texas, these claims can result in actual damages, disgorgement of profits made at your expense, and in cases of egregious conduct, exemplary (punitive) damages.

Question 2

Can a business dispute become a criminal case?

Accepted Answer

Yes — and it happens more often than most people realize. Fraud, theft of trade secrets, embezzlement, and securities violations all carry both civil remedies and criminal exposure. What starts as a civil lawsuit can trigger a referral to the DA or U.S. Attorney. Jimmy Ardoin's dual civil-criminal experience means he spots this crossover risk before it becomes a crisis.

Question 3

How long does a business litigation case take?

Accepted Answer

Complex business litigation in Texas state court typically takes 18 months to 3+ years through trial. Federal cases vary similarly. The timeline depends on discovery complexity, the number of parties, and court dockets. However, many cases resolve through mediation before trial — and having a lawyer with genuine trial capability often produces better mediation results, because the other side knows you'll actually try the case.

Question 4

What's the difference between civil fraud and criminal fraud?

Accepted Answer

Civil fraud gives the victim the right to sue for money damages — you prove fraud by a preponderance of the evidence (more likely than not). Criminal fraud is prosecuted by the government and carries potential prison time — proven beyond a reasonable doubt. The same conduct can result in both a civil lawsuit and a criminal prosecution simultaneously. This parallel exposure is exactly why having an attorney who understands both worlds is critical.

Question 5

What is a RICO claim and when does it apply to a business dispute?

Accepted Answer

RICO (Racketeer Influenced and Corrupt Organizations Act) allows civil plaintiffs — not just the government — to sue for triple damages and attorney's fees when a defendant engaged in a pattern of racketeering activity connected to an enterprise. In business disputes, RICO claims can apply when fraud, extortion, or other predicate acts were systematic rather than isolated. A successful civil RICO claim is powerful leverage.

Question 6

How do I know if my business partner committed fraud against me?

Accepted Answer

Common indicators: financial records that don't add up, unexplained transfers, side deals you weren't told about, missing inventory, inflated expenses, or a partner who controls the books and resists outside review. If something feels wrong, it usually is. An attorney can help you obtain financial records through discovery, subpoena bank statements, and engage forensic accountants to reconstruct what happened.

Question 7

What is the statute of limitations for business fraud in Texas?

Accepted Answer

In Texas, the statute of limitations for fraud is generally four years from the date the fraud was discovered or should have been discovered. For breach of contract it is four years. For breach of fiduciary duty it is four years. Federal fraud claims have their own timelines. These deadlines are hard stops — missing them forfeits your right to sue. If you suspect fraud, don't wait.

Question 8

Can I get an emergency injunction to freeze assets in a business fraud case?

Accepted Answer

Yes. Texas courts can grant temporary restraining orders (TROs) and injunctions to freeze accounts, prevent asset transfers, and preserve business records when there is evidence of fraud or imminent harm. This is a powerful tool when a partner or executive is dissipating assets. Emergency relief can often be obtained within 24–48 hours with the right showing.

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