HomeAuthor Thomas Fee

How To Navigate Indemnity In Business Acquisitions

Business acquisition contracts contain indemnification clauses to allocate the risk of potential liabilities that may arise after a sale has closed. Despite buyer due diligence, pre-existing liabilities and inaccurate information are discovered with some frequency post-closing. Understandably, a business buyer is not interested in assuming the seller’s liabilities or in being misled about the sale...

How Home Building Construction Companies Can Protect Themselves From Potential Liability Claims in 2026

Across the nation, builder confidence in new single-family home sales had been trending downward for months, though builder sentiment has begun to rise, and those in Texas fare better than much of the rest of the United States. However, consumers are still wary, largely due to economic concerns. The major metropolitan areas in Texas, including...

Fifth Circuit Court of Appeals Rejects NLRB’s Expanded Interpretation of Remedial Powers in Labor Disputes – What Texas Employers Should Know

When significant changes in federal labor law arise, Texas employers need to understand the implications, and recent developments from the U.S. Court of Appeals for the Fifth Circuit are among them. In a pivotal ruling that significantly limits the National Labor Relations Board’s (NLRB) ability to impose broad monetary awards on employers, the Fifth Circuit...

Texas Business Court Decision Clarifies LLC Owners May Not Be Held Personally Liable for Breaching Company Contracts

If you own a limited liability company (LLC) in Texas, you are counting on it to protect your personal assets if things go sideways. A recent decision from the Texas Business Court just gave that protection a significant boost, reassuring business owners that it is incredibly difficult to be held personally responsible for a company’s...

Federal Acquisition Regulations Council Proposes Key Changes to Research and Development, Construction, and Contract Actions – What It Means for Texas Contractors

The Federal Acquisition Regulations (FAR) Council has been reviewing and updating its guidance on government procurement in recent months in an effort to streamline rules and procedures following an executive order by the Trump Administration. Contractors must follow these rules to successfully bid for jobs, acquire goods and services, and secure contracts. Fee, Smith &...

Texas Supreme Court Joins States Following the “American Rule” for Pore Space Ownership – How it Could Impact Mineral Rights Owners in the State

In recent years, Texas legislators have been trying to address issues surrounding property rights as it pertains to pore space. The Supreme Court case ruling for Myers-Woodward, LLC v. Underground Services Markham, LLC and United Brine Pipeline Company, LLC earlier this year sets a precedent for similar cases moving forward. The team at Fee, Smith...

Northern District of Texas Court Case Reveals Key Gaps in Liability Coverage For Home Health Franchisors

Liability insurance coverage is purchased to transfer liability risks to an insurance company. Professional liability insurance (E&O) typically covers errors and omissions committed in the course of providing professional services. A recent decision by the district court for the Northern District of Texas, Wichita Falls Division, revealed that professional liability insurance for a home care...

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