Fee, Smith & Sharp LLP
Practice Areas
& Education
PRACTICE AREAS
Commercial Litigation
Commercial Transactions
Toxic Torts
Insurance Coverage/Bad
Faith
Premises Liability
Oil & Gas
Labor & Employment
Landlord/Tenant Relations
EDUCATION
University of Houston, B.A.,
1989
Oklahoma City University
School of Law, J.D., 1992
BAR ADMISSIONS
Texas
About Howard
EXPERIENCE
Head of Firm’s Commercial Litigation and Commercial Transactions
Sections
Mr. Klatsky is a seasoned trial attorney who has successfully
represented defendants and plaintiffs in a variety of matters in state
and federal courts. He is also experienced in handling complex
commercial transactions. Mr. Klatsky, who was born in Dallas, has
signicant rst and second chair trial experience. He has obtained
numerous verdicts and summary judgments for his clients. Mr.
Klatsky has represented banks, homebuilders, subdivision
developers, commercial and residential landlords, title companies,
commercial real estate brokers, and oil and gas companies. He has
also represented a wind development company, oileld services
companies, an incineration hazardous waste disposal companies,
assisted living facilities, valet parking companies, towing companies,
restaurant owners, construction companies, professional athletes,
doctors and attorneys.
Mr. Klatsky has tried cases in Texas, California, Nevada and
Oklahoma, and has appeared in courts in New York, Oklahoma and
Louisiana. He is regularly retained to represent clients in cases led
in courts throughout the state of Texas.
Howard J. Klatsky
SENIOR PARTNER
E-MAIL
TELEPHONE
972-980-3494
Howard Klatsky is a seasoned trial attorney who has
successfully represented defendants and plaintiffs in a variety
of matters in state and federal courts.
New York
California
Oklahoma
COURT ADMISSIONS
U.S. Court of Appeals for
the Fifth Circuit
U.S. District Court for the
Southern District of Texas
U.S. District Court for the
Eastern District of Texas
U.S. District Court for the
Northern District of Texas
U.S. District Court for the
Southern District of New
York
U.S. District Court for the
District of Colorado
U.S. District Court for the
Eastern District of
Oklahoma
PROFESSIONAL
AFFILIATIONS
State Bar of Texas
New York State Bar
Association
State Bar of California
Oklahoma Bar Association
Dallas Bar Association
Million Dollar Advocates
Forum
Mr. Klatsky also has experience handling appellate matters in both
state and federal court. He recently successfully argued an appeal
before the United States Court of Appeals for the Fifth Circuit.
Cases that Mr. Klatsky has worked on have been reported in The Wall
Street Journal, The National Law Journal, Texas Lawyer, The Dallas
Morning News, Fort Worth Star-Telegram, the Blue Sheet, and other
national and regional publications.
Mr. Klatsky has served as a member of the Lorman Education
Services Continuing Education faculty and the Sterling Education
Services Continuing Education faculty. He has also appeared as a
featured speaker at his law school alma mater.
REPRESENTATIVE MATTERS
Julie McCurley, et al v. Texas Motor Speedway, Inc. Obtained
summary judgment in favor of client in defense of premises
liability claim. (Denton County, 2019).
Tony Coleman, et al v. Oteese, Ltd. Obtained summary judgment
in favor of client in defense of negligence and gross negligence
claims. (Tarrant County, 2018).
Martha Lemus, et al v. Cookscreek 255, LLC, et al. Obtained
summary judgment in favor of clients in defense of premises
liability, deceptive trade practices, and nuisance claims. (Dallas
County, 2017).
Lisa Bluitt v. Stein Mart, Inc. Obtained summary judgment in
favor of client in defense of a malicious criminal prosecution
claim, along with a nal Judgment awarding all taxable costs of
court in favor of client and against Plaintiff. (U.S. District Court,
Northern District of Texas, 2016).
Eric Will, et al v. Cathy Bambenek, et al. Obtained summary
judgment in favor of client in this personal injury suit. The claim
that was asserted against client was dismissed with prejudice,
with costs taxed in favor of client and against Plaintiffs. (Collin
County, Texas 2015).
Higher Power Energy, LLC v. Exergy Development Group of
Idaho, LLC, et al. Obtained Final Judgment in favor of client for
breach of contract, common law fraud, statutory fraud, and
business disparagement in case involving the contemplated sale
of a 400MW wind energy project against an out-of-state limited
liability company and its Managing Member, in an amount
exceeding $16.7 million. This Final Judgment included an award
of $1 million in exemplary damages, $217,500 in attorney’s fees,
and $13,039.36 in monetary sanctions, and was entered after the
Court granted multiple Motions for Partial Summary Judgment
and Motions for Sanctions.
Wood, et al. v. Teris, LLC, et al. Represented Defendant in suit
led for and on behalf of hundreds of claimants seeking damages
arising out of explosions, res and chemical releases that
occurred at a hazardous waste storage and treatment facility.
The case was settled before signicant fees and expenses were
incurred. (Union County, Arkansas 2012).
Hamilton v. XTO Energy Inc., et al. Obtained summary judgment
in favor of client in this personal injury suit. Plaintiff claimed
that he sustained serious injuries as a result of client’s alleged
negligence while participating in a snubbing operation on a rig
located in Cooke County, Texas. All claims asserted by Plaintiff
against client were dismissed with prejudice. (Cooke County,
Texas 2011).
Resource Energy Service Corp d/b/a RENSCO v. Don Jones,
Individually and d/b/a Express Oil Company. Lead counsel for
Claimant in defense/indemnity arbitration. Client alleged that
its agreement with the Respondent obligated the Respondent to
defend and indemnify it in an underlying wrongful death suit.
The Arbitrator found in favor of client, concluding that the
Respondent has a duty to defend and indemnify the client in the
underlying suit in an amount up to $500 million. The Arbitrator
also awarded client all reasonable and necessary attorney’s fees
and costs (2011).
Barrett v. Keith Song, et al. Obtained summary judgment in favor
of clients in negligence/premises liability action four months
after suit was led, before the clients were forced to incur
substantial fees/expenses (Dallas County, Texas 2010).
Rushing v. Jackson, et al. Obtained summary judgment in favor
of client in tort action involving a dispute over the contemplated
purchase of certain commercial property (Dallas County, Texas
2010).
Harold Chandler, et al., v. Teris, LLC., et al. Represented
Defendant in class action suit (total number of Class members
found by court to approximate 3,000 persons) for claims arising
out of explosions, res and chemical releases that occurred at a
hazardous waste storage and treatment facility. Class Members
were contending that they sustained damages arising out of the
explosions, res and releases at the facility, and evacuated to a
dened geographic area as a result of same. The case was settled
before signicant fees and expenses were incurred. (Union
County, Arkansas 2009).
Wilson v. Philip Services Corporation, et al. Obtained summary
judgment in favor of client (Defendant) in a chemical leak/toxic
tort case. Plaintiffs were contending that they sustained
signicant, permanent damages as a result of alleged exposure
to hydrochloric acid (Titus County, Texas 2009).
Sealy S.W. Properties, LP v. AR Textiles, Corp, et al. Represented
one of the Defendants in this commercial landlord/tenant
dispute. Plaintiff alleged that he was owed hundreds of
thousands of dollars. The case was settled favorably before the
client was forced to incur substantial fees/expenses (Dallas
County, Texas 2009).
In the Matter of Arbitration Between NFLPA Committee on
Agent Regulation and Disciple (CARD) v. Weinberg. Represented
Respondent (a former Certied Contract Advisor) in an
arbitration proceeding that was conducted in Washington, D.C.
The client contended that the discipline that had been imposed
by the NFLPA upon him (immediate revocation of his
certication for ve years) was excessive and unreasonable. The
Arbitrator, who was selected and paid for by the NFLPA,
concluded that the immediate revocation of certication
exceeded reasonable discipline and modied the discipline to a
suspension. The Arbitrator also concluded that some of the
alleged violations that the NFLPA had unilaterally disciplined
the client for were time-barred (pursuant to the NFLPA’s
Regulations Governing Contract Advisors) and that the NFLPA’s
delay in revealing information relating to one of the former NFL
player’s offended “fundamental principles of due process.”
Pasquinelli Portrait Homes, LP – Heritage Hill v. Rodman
Excavation, Inc., et al. Obtained a non-suit in favor of client in a
construction defect action where the Plaintiff was claiming to
have sustained hundreds of thousands of dollars in economic
damages (Denton County, Texas 2008).
Christopher Hebard v. John Keida. Represented Defendant in
accounting malpractice action. Plaintiff claimed to have
sustained hundreds of thousands of dollars in damages. After
months of litigation, the case was settled at mediation and
dismissed with no monetary consideration (Dallas County, Texas
2007).
A. Cal Rossi v. Lankler Siffert & Wohl, LLP. Obtained reversal of
trial court’s order dismissing action after participating in oral
argument before the United States Court of Appeals for the Fifth
Circuit, and subsequently obtained an order from the trial court
denying the oppositions’ dismissal motions at the conclusion of
an evidentiary hearing (N.D. Tex. 2007).
Estate of Cruz Morales v. James Michael Boney. Obtained
summary judgment in favor of Defendant in wrongful death suit
(Dallas County, Texas 2006).
Steve Roberts Custom Builders v. Michael Irvin and Sandy Irvin.
Served as associate counsel in successful defense of breach of
contract/construction defect case resolved by binding arbitration
(Dallas County, Texas 2005).
RECENT TRIALS
Thomas P. Bond v. Knife River Corporation – South. Brazos
County, Texas. Sole trial counsel for Defendant in breach of
contract action concerning Plaintiff’s alleged entitlement to a
bonus payment following resignation from his employment.
Obtained a jury verdict in favor of client.
Classic Americana, LLC v. 2385 Midway Venture, LP, et al. Dallas
County, Texas. Lead counsel for two licensed real estate brokers
and a commercial brokerage rm that were sued for allegedly
committing statutory fraud and negligent misrepresentation in
negotiations concerning a commercial lease. The landlord
sought to recover damages totaling just under $300,000, plus
exemplary damages and attorney’s fees. The jury unanimously
found that no statutory fraud or negligent misrepresentation
had been committed, and did not render any ndings in favor of
the landlord.
A.M.B.F., L.L.C. v. Anytools.Com, LP. Tarrant County, Texas. Trial
counsel for Plaintiff/Counter-Defendant in breach of commercial
contract action. Obtained favorable jury verdict in favor of client
on its afrmative claim for relief and in response to the
afrmative claim for relief that had been asserted against it.
Garrett Keller and Margaret Keller v. James M. Kevlin. Denton
County, Texas. Lead trial counsel for Defendant/Counter-Plaintiff
in declaratory judgment action. Obtained directed verdict in
favor of client on issue of property ownership.
Strasser v. S.A. Healy Company. Dallas County, Texas. Lead trial
counsel in personal injury suit involving construction of the
DART Rail System. Obtained a jury verdict in favor of client.
Impact Floors of Texas, LP v. Eureka Multifamily Group, LP, et al.
Dallas County, Texas. Lead trial counsel for Defendants in breach
of contract suit. Jury award was substantially less than amount
demanded.
Blue Planet v. JSD Auto, Inc. Dallas County, Texas. Lead trial
counsel for Defendant in breach of contract suit. Obtained
defense verdict.
Kemendo Development Corp. v. Unis. Dallas County, Texas.
Associate counsel for Defendant homeowners in breach of
contract/construction defect action that was favorably settled
during trial.
Yanal, Inc. v. Coinmach Corp. Tarrant County, Texas. Lead trial
counsel for Defendant in commercial property dispute.
ARTICLES & SPEAKING ENGAGEMENTS
“Responding To A Federal Court Complaint When There Is An
Agreement To Arbitrate: Courts Are All Over The Map”, USLAW
Magazine, Summer 2021 (co-author).
Panelist: “Minimizing Exposure Through Corporate Governance-
Best Practice Guidelines For Directors, Ofcers, And Managers”,
Fall 2014 USLAW Network Client Conference, San Francisco, CA.
“Avoiding Personal Liability in Partnerships, LLCs and LLPs” –
CLE Seminar.
“Ethical Issues Facing Attorneys Structuring Limited Liability
Companies and Limited Liability Partnerships” – CLE Seminar.
“Commercial Evictions” – CLE Seminar.
“Residential Evictions” – CLE Seminar.
“The Residential Eviction Trial” – CLE Seminar.
Guest Speaker, Oklahoma City University School of Law “Texas
Law” Days.
Guest Advocate, Tarrant County Young Lawyers Association,
Mock Trial Seminar.
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