O’Toole Atwell PC

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Business & Commercial Litigation

O’Toole Atwell PC

Experienced Business Litigation Attorneys Providing Sophisticated Trial Strategies

O’Toole Atwell provides litigation solutions and expert trial strategies backed by decades of experience. We routinely try cases in state and federal courts in Texas and Colorado. Our methods for addressing complex legal issues have consistently proven successful for a diverse array of clients.

O’Toole Atwell offers customized legal services as unique as each of our clients. Our team carefully assesses the facts of the case presented, takes the time to ascertain the goals and priorities of our clients, and provides a thorough analysis of all options available. From there, we work diligently to achieve an optimal outcome, keep costs and financial exposure contained, and preserve our clients’ hard-earned business and professional reputations.

The Best in the Business, Bettering Yours: Business Litigation Attorneys in Austin, TX

At O’Toole Atwell in Austin, TX, clients can count on a team of business litigation attorneys dedicated to serving their business needs, whether that means developing a partnership, employment, vendor, or shareholder agreement, helping them navigate the challenges presented by business disputes and business divorces, or litigating breach of contract claims. They understand the importance of identifying the uniqueness of each case, and acknowledging what’s at stake in every business transaction—no matter how big or small the transaction, no matter the size of the business. Each client who walks through the doors is provided with the time and attention their case deserves, and is never made to feel like just another case number. Read on to learn more about the services they routinely provide to business partners and owners in Round Rock, Dallas, Houston and Austin, TX.

Business Formation

Those who wish to form a business in Austin, TX are confronted early on by a number of options. Is a limited liability company (LLC) or limited liability partnership (LLP) better suited for a particular set of business needs and goals? How does a C corporation differ from an S corporation? What are the benefits of forming a partnership? What about a sole proprietorship? Deciding between these options is an extremely important step in the formation of a business, as the choice will dictate the level of personal risk taken on by the owner or partners, the number of partners or owners allowed, the tax consequences of the business, whether or not there will be a cap on the number of shareholders allowed, and whether or not annual shareholder meetings will be required. Prior to making such an important decision, it is well-advised to speak with a knowledgeable business litigation attorney.

Partnership Agreements

In the absence of a partnership agreement, partners to a business have no clear way of defining each partner’s duties or rights, or any of the myriad aspects of operating a successful business. This unpreparedness could quickly lead to a host of disputes, or even worse, an unwanted business divorce. A well-drafted partnership agreement completed by an experienced business litigation attorney can ensure that there are tangible, legal documents to reference when disagreements arise. It is one of the wisest moves a partner can make in protecting their assets.

Oftentimes, an established partnership agreement will require revision due to changes within the company, or weaknesses within it that become evident over time. The business litigation attorneys at O’Toole Atwell in Austin, TX specialize in dealing with these types of issues and can expedite the process of developing a proper partnership agreement for any business.  Serving clients in Round Rock, Dallas, Houston and Austin, TX.

Shareholder Agreements

Any individual who contributes to a business’ start-up capital will generally do so in exchange for shares in the company, thereby making them shareholders in the company. While the number of shareholders in any company will depend on the type of entity formed, a shareholder agreement should be established regardless of whether there is one shareholder or hundreds. This holds true for both professional investors and personal investors, such as parents or siblings. The only way to protect against potentially deleterious disagreements or disputes is to establish a proper shareholder agreement which contains the following information:

  • The rights and responsibilities of the shareholders
  • The way in which shares will be transacted
  • Decision-making protocol as it relates to shareholders
  • How the business will be operated
  • How to address and resolve disputes that arise between shareholders
  • How to deal with the death, incapacitation, or divorce of a shareholder

Strong Representation For All Types Of Business Transactions & Disputes

At O’Toole Atwell, PC, we are not only successful litigators, but also effective transactional attorneys. We routinely complete transactional matters in ways that proactively address and even prevent future disputes.

We represent businesses of all types and have extensive experience in many areas, including:

  • Formation and dissolution of partnerships, LLCs and closely held corporations
  • Employment agreements
  • Vendor agreements
  • Shareholder agreements
  • Breach of contract claims
  • Partnership and shareholder disputes
  • Trade secret litigation
  • Real estate litigation
  • Employment litigation

Our business law attorneys have also handled diverse and complex disputes involving commercial loans and foreclosures, probate administration and litigation, administrative hearings and professional negligence matters.

Board Certified Expertise

Board Certified Texas Board
of Legal Specialization


Attorney Brian O’Toole is Board Certified in Civil Trial Law by the Texas Board of Legal Specialization.

Business Disputes

Despite the most well-drafted agreements, most business owners will encounter at least one dispute during the operation of the business. For example, disputes may arise between a company and vendor, a company and an employee, a company and customer, or a company and one of their competitors. Disputes can emerge at any time during the growth, development, and operation of a company, and can come in a variety of forms, including but not limited to the following:

  • Breaches of contract
  • Breaches of fiduciary duty
  • Wrongful termination claims by employees
  • Discrimination suits brought by employees
  • Trade secret infringement issues

Rather than gambling with the life and success of the business, partners and owners should seek protection through the assistance and advice of a seasoned business litigation attorney. Doing so could prevent a business dispute from turning into a business dissolution, which could potentially mean the difference between losing millions, or keeping the business alive, making operational improvements or changes to contracts, and generating millions. We serve clients from Round Rock, Dallas, Houston and Austin, TX.

Business Divorce

In some cases, business partners will recognize that the business relationship is simply not working, and needs to end. In other cases, partners may not know whether a business divorce should be pursued or would even make sense given the circumstances. Whether seeking a business divorce or facing an unwanted yet inevitable divorce, business partners should seek the guidance of a qualified business litigation attorney. A good business litigation attorney will prioritize their clients’ best interests throughout business divorce proceedings by protecting their rights and preserving as many of their assets as possible—just as a good divorce attorney would do during a divorce between spouses.

At O’Toole Atwell in Austin, TX, the attorneys understand that just because a business divorce involves “business” matters, it doesn’t mean that it’s not a highly stressful, emotional, and challenging time for those who stand to lose. The dissolution of a business can mean the death of a dream, the loss of an income, or even a brand-new beginning. For a partner who wants to preserve the business and prevent dissolution, there may be options available to them, such as a buy-out of a partner who seeks to end the partnership, or a sell-back of their share of the business. There are a number of options to explore with the right business litigation attorney.

Don’t hesitate to contact O’Toole Atwell in Austin, TX, even if you just need to start by getting the answers to your questions. Calling today might just be the wisest business decision you’ve yet to make. Serving clients in Round Rock, Dallas, Houston and Austin, TX.

Client Testimonials

“Passionate, professional, and caring! Brian did a great job representing me!"

– Jana O.

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Office Location

919 Congress Avenue
Suite 535
Austin, TX 78701

Phone: (512) 686-8648

Fax: (512) 476-1228

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