Texas provides several remedies for corporate asset conversion, and AbsolutLAW pursues the full range available on behalf of our clients. Actual damages compensate for the value of the converted assets. Consequential damages may be available for downstream business losses caused by the conversion. Under the TTLA, attorney’s fees are recoverable by the prevailing plaintiff — a significant benefit in complex business litigation. Exemplary damages are available where the conversion involved fraud, malice, or gross negligence.
In addition to monetary damages, courts may impose a constructive trust on assets held by the wrongdoer — treating those assets as belonging in equity to the victim regardless of how title is held. Injunctive relief can prevent further dissipation of assets during the litigation. Where the wrongdoer is a fiduciary, disgorgement of profits may also be available. AbsolutLAW evaluates all available remedies at the outset and pursues the strategy that maximizes recovery for Texas business clients.
Conversion is a tort claim for the wrongful interference with another party's property rights — it does not require a contract between the parties. Breach of contract requires the existence of a valid agreement and a failure to perform a contractual obligation. In business disputes, both claims may be available simultaneously: a partner who takes company property may be liable for conversion (tort) and for breach of the partnership agreement (contract). AbsolutLAW analyzes all available theories of recovery to pursue maximum compensation for our Texas clients.