News – Fee, Smith & Sharp LLP

Labor & EmploymentA Recent Fifth Circuit Court Decision Will Make Some Arbitration Agreements Unenforceable Without An Employer Signature

04/15/2026by Thomas Fee

A Texas appeals court recently let Texas employers know when it comes to mandatory arbitration agreements, they had better comply with the legal requirements of their own contracts if they want to enforce them. Contracts must be validly executed to be enforceable. When contract terms are disputed, Texas courts examine the written terms to determine...

Business & Commercial LitigationHow To Navigate Indemnity In Business Acquisitions

03/23/2026by Thomas Fee

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...

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

03/06/2026by Thomas Fee

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

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

02/27/2026by Thomas Fee

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

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

02/03/2026by Thomas Fee

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...

InsuranceContractual Insurance Provisions Could Help Safeguard Deals For Business Owners

01/22/2026by Thomas Fee

If you’re a business owner in Texas, you know that along with the rewards come some significant risks. Practical management of business risks often involves the use of insurance to transfer financial loss exposures that a business couldn’t or doesn’t want to absorb. Business contracts contain promises of performance, and parties are entitled to rely...

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

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

12/16/2025by Thomas Fee

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 &...

Construction DefectThird Coast Services, LLC v. Castaneda, No. 23-0848 (Tex. Dec. 12, 2025)

12/12/2025by Thomas Fee

The Supreme Court of Texas has held that a defendant need not be in privity with the Texas Department of Transportation (TxDOT) in order to be able to assert the defense that the contractor is in compliance with contract documents material to the condition or defect that proximately caused personal injury, property damage, or death....

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

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

12/09/2025by Thomas Fee

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...

Business & Commercial LitigationWhen Corporate Mergers End: Important Steps To Safeguard Your Business Interests In The Aftermath

11/10/2025by Thomas Fee

Mergers and acquisitions (M&A) are a common way for two companies to join forces with the expectation that the new company will be better than the sum of its parts. The new company expects profits to grow as a result of lower production costs and an expanded market share. However, things don’t always turn out...

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Labor & EmploymentA Recent Fifth Circuit Court Decision Will Make Some Arbitration Agreements Unenforceable Without An Employer Signature

Business & Commercial LitigationHow To Navigate Indemnity In Business Acquisitions

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

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

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

InsuranceContractual Insurance Provisions Could Help Safeguard Deals For Business Owners

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

Construction DefectThird Coast Services, LLC v. Castaneda, No. 23-0848 (Tex. Dec. 12, 2025)

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

Business & Commercial LitigationWhen Corporate Mergers End: Important Steps To Safeguard Your Business Interests In The Aftermath

04/15/2026A Recent Fifth Circuit Court Decision Will Make Some Arbitration Agreements Unenforceable Without An Employer Signature

03/23/2026How To Navigate Indemnity In Business Acquisitions

03/06/2026How Home Building Construction Companies Can Protect Themselves From Potential Liability Claims in 2026

02/27/2026Fifth Circuit Court of Appeals Rejects NLRB’s Expanded Interpretation of Remedial Powers in Labor Disputes – What Texas Employers Should Know

02/03/2026Texas Business Court Decision Clarifies LLC Owners May Not Be Held Personally Liable for Breaching Company Contracts

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