Legal in Texas

Texas Legal Intel

Thursday, June 18, 2026
2 min read
7 stories

Welcome to your daily briefing on legal developments in Texas. Today we're covering 7 key stories including updates on texas legal headlines, background & context. Let's dive in.

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2

Background & Context

3 stories

2.1

Fee-shifting statutes most lawyers forget exist.

Beyond civil-rights and consumer-protection statutes, many TX jurisdictions have fee-shifting provisions in landlord-tenant, mechanics' lien, insurance bad-faith, and construction-defect contexts. Pleading the fee-shifting statute in the complaint is typically required to preserve the right to recover.

Why It Matters

A fee-shifting case has fundamentally different settlement dynamics than a non-fee case, especially in low-damages disputes where fees can dwarf the underlying claim.

2.2

Why your conflict system probably misses corporate-family conflicts.

Most conflict-of-interest systems index by named party only. They miss conflicts created when the named party is a wholly-owned subsidiary, a shared parent's affiliate, or a private-equity portfolio company under common control. The model rules treat these as conflicts even though no name match exists.

Why It Matters

A conflict that surfaces mid-matter typically requires withdrawal at the worst possible moment, plus a fee writedown for work done. Catching it at intake is a 10-minute process; catching it at month six is a six-figure problem.

2.3

Why your non-compete clause may be unenforceable in TX.

Enforceability of employee non-competes varies dramatically by state and is trending toward narrower enforcement nationally. Common defects include geographic scope broader than the employer's actual market, duration longer than necessary to protect a legitimate interest, and lack of consideration beyond continued employment.

Why It Matters

An overbroad non-compete is often unenforceable in its entirety, not just blue-penciled down — meaning the employer gets no protection at all. A narrower, defensible clause protects more than an aspirational one.

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Issue Summary

DateJun 18, 2026
Stories7
Sections2
Read Time2 min
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