News – Fee, Smith & Sharp LLP

Intellectual PropertyRecent Fifth Circuit Ruling Outlines When Trademark Infringement Cases Qualify as ‘Exceptional’

12/04/2024by Thomas Fee

Trademark infringement litigation often carries significant financial and reputational stakes for businesses. The ability to recover attorneys’ fees can provide a powerful incentive for pursuing or defending such claims. However, under the Lanham Act, courts can only award attorneys’ fees to the prevailing party when the case is deemed “exceptional.” A recent ruling by the...

NonsubscriberOSHA Releases New Memorandum Clarifying When Employers Must Record and Report Musculoskeletal Injuries

11/19/2024by Thomas Fee

Texas employers, especially nonsubscribers to the state’s traditional workers’ compensation system, should be aware of OSHA’s recent memorandum detailing requirements for reporting musculoskeletal injuries (MSIs). This clarification defines what constitutes medical treatment beyond first aid for MSIs and establishes criteria for OSHA recordability, with specific guidelines on certain treatments. Compliance is critical to avoiding OSHA...

Fifth Circuit Court of Appeals Reaffirms Motor Carrier Act – Applies to Truck Drivers and Employees Engaged in Interstate Distribution

Labor & EmploymentFifth Circuit Court of Appeals Reaffirms Motor Carrier Act – Applies to Truck Drivers and Employees Engaged in Interstate Distribution

11/11/2024by Thomas Fee

Federal labor laws require most US employers to pay employees time and a half for every hour they work over 40 hours in a week. However, there are some exceptions to the general rule, and one is for employees who are subject to the Motor Carrier Act (MCA). The MCA applies to commercial transport that...

Business & Commercial LitigationThe EPA Creates New Label Program for Construction Project Materials

10/25/2024by Thomas Fee

The implementation of a more sustainable approach to building that assists builders and purchasers of construction materials in identifying products with lower carbon levels is underway. The EPA’s new Label Program will strive to make buying cleaner products a more straightforward task. This program should help federal and local government entities streamline the process of...

Labor & EmploymentThe FTC’s Noncompete Agreement Ban Has Been Blocked by a Texas Federal Judge – What Employers Should Know

10/15/2024by Thomas Fee

Noncompete agreements have come under fire recently as the Federal Trade Commission (FTC) sought to ban the use of noncompete agreements in many instances. As the FTC’s actions faced a lawsuit and legal battle, a Texas judge blocked the ruling by issuing a nationwide injunction. However, employers must still remain aware of the ongoing status...

Business & Commercial LitigationOngoing Amazon Products Liability Suit Opens the Door for Negligent Undertaking Claims

09/01/2024by Thomas Fee

A recent lawsuit against Amazon sheds light on a potential new avenue for holding the online giant accountable for defective products. The United States District Court for the Southern District of Texas determined Amazon can be held responsible for injuries caused by faulty products sold on its platform, even if Amazon was not the direct...

Business & Commercial LitigationWhat to Do if Your Business Is Named as a Defendant in a Personal Injury Case

08/12/2024by Thomas Fee

Any Texas business can find itself defending against a costly personal injury case. While it is up to a plaintiff to prove that a business acted negligently, resulting in their injuries, a solid defense is necessary to prevent paying substantial settlements or judgments. One of the best approaches is establishing a business strategy crafted by...

Premises LiabilityThe Importance of Video Surveillance for Businesses Involved in Premises Liability Claims

08/01/2024by Thomas Fee

Many businesses use video surveillance in and around their properties. People generally tend to remain more honest when they believe their actions will be filmed. Video surveillance also records incidental things that happen which can make it useful for sorting out the sequence of events in premises liability claims. Businesses may elect to erase footage...

Business & Commercial LitigationDefending the Insured in Commercial Bus and Trucking Cases

07/22/2024by Thomas Fee

When commercial motor vehicles get into accidents, the damages can be significant. Commercial bus and trucking companies can face expensive compensation claims that insurance companies are asked to pay. Claims costs have been steadily increasing as damage awards in personal injury cases involving commercial motor vehicles continue to rise. Over-inflated damages awards do not promote...

Business & Commercial LitigationHow We Handle Disputes During Large-Scale Construction Projects

07/02/2024by Thomas Fee

The clock begins ticking for our clients the moment a long-awaited construction project begins. The industry continues to soar throughout Texas and many areas of the country, placing a high demand for quality, timely projects to be completed. However, many large-scale construction projects are slowed or delayed by disputes that hinder the completion of the...

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HomeNews

Intellectual PropertyRecent Fifth Circuit Ruling Outlines When Trademark Infringement Cases Qualify as ‘Exceptional’

NonsubscriberOSHA Releases New Memorandum Clarifying When Employers Must Record and Report Musculoskeletal Injuries

Labor & EmploymentFifth Circuit Court of Appeals Reaffirms Motor Carrier Act – Applies to Truck Drivers and Employees Engaged in Interstate Distribution

Business & Commercial LitigationThe EPA Creates New Label Program for Construction Project Materials

Labor & EmploymentThe FTC’s Noncompete Agreement Ban Has Been Blocked by a Texas Federal Judge – What Employers Should Know

Business & Commercial LitigationOngoing Amazon Products Liability Suit Opens the Door for Negligent Undertaking Claims

Business & Commercial LitigationWhat to Do if Your Business Is Named as a Defendant in a Personal Injury Case

Premises LiabilityThe Importance of Video Surveillance for Businesses Involved in Premises Liability Claims

Business & Commercial LitigationDefending the Insured in Commercial Bus and Trucking Cases

Business & Commercial LitigationHow We Handle Disputes During Large-Scale Construction Projects

12/04/2024Recent Fifth Circuit Ruling Outlines When Trademark Infringement Cases Qualify as ‘Exceptional’

11/19/2024OSHA Releases New Memorandum Clarifying When Employers Must Record and Report Musculoskeletal Injuries

11/11/2024Fifth Circuit Court of Appeals Reaffirms Motor Carrier Act – Applies to Truck Drivers and Employees Engaged in Interstate Distribution

10/25/2024The EPA Creates New Label Program for Construction Project Materials

10/15/2024The FTC’s Noncompete Agreement Ban Has Been Blocked by a Texas Federal Judge – What Employers Should Know

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