Overview

Megan Schmid is a litigation attorney in Holland & Knight's Houston office. Ms. Schmid focuses her practice on federal and state trials and arbitrations involving energy, real estate, commercial landlord-tenant, financial and lending institutions, partnership disputes, business torts, construction, and general business and commercial litigation.

Ms. Schmid represents plaintiffs and defendants in complex business disputes, including contracts, fraud, breach of fiduciary duty, tortious interference, covenants not-to-compete and negligence.

Representative Experience

  • Representing a world-renown recording artist in claims against her label for its breach of the recording agreement
  • Secured a temporary restraining order, temporary injunction and a permanent injunction for an employer in enforcement of a non-disclosure and non-competition agreement, including claims under the Texas Uniform Trade Secrets Act (TUTSA)
  • Representation of an employer in investigating potential breaches of company confidentiality agreements and non-solicitation agreements by former employees who left to work for a competitor
  • Defending clients against allegations of fraudulent transfers under the Texas Uniform Fraudulent Transfer Act (TUFTA)
  • Represented former minority shareholders in arbitration against a former majority shareholder seeking performance of stock purchase agreements, which resulted in a monetary award of approximately $3.3 million
  • Defended an individual investment professional against Racketeer Influenced and Corrupt Organizations Act (RICO), fraud and breach of fiduciary duty claims concerning real estate investment in a two-week jury trial; jury ruled in favor of client on RICO and fiduciary duty claims and apportioned client only 1 percent liability on remaining claim
  • Defended a former employee against claims of alleged breach of a separation agreement containing non-solicitation and non-disclosure provisions and defeated the employer's application for temporary injunction
  • Successfully defended a carbon steel flange manufacturer in defense of Lanham Act and common law false advertising and unfair competition claims brought by a competitor by winning on summary judgment in federal court (which was upheld on appeal by the U.S. Court of Appeals for the Fifth Circuit)
  • Represented a U.S. affiliate of a global construction and engineering organization in the termination of an agency agreement with a consultant
  • Defended a senior care living facility against allegations of violation of the Texas Deceptive Trade Practices Act (DTPA)
  • Representing a business-to-business finance provider in the solar energy industry asserting claims against a competitor of conversion, tortious interference with contracts and unjust enrichment, as well as a declaratory judgment regarding the ownership of solar assets
  • Represented a company defending against breach of contract and fraud claims related to a terminated consulting agreement, which resulted in a favorable summary judgment and a nonsuit by the plaintiff
  • Defended a competitor-employer against claims that it conspired with and aided and abetted former employees to allegedly breach their non-competition and confidentiality agreements with their former employer
  • Assisted in representing a steel manufacturer in asserting bad faith claims against an insurance company and in seeking business interruption damages, which settled favorably after five days in a jury trial
  • Represented companies in various breach of contract and lawsuit on sworn accounts seeking payment for goods or services rendered

  • Defended a major drilling company in a dispute over the calculation of gathering rates under a gas gathering agreement, which resulted in a take-nothing award after a three-week arbitration in which the claimant sought damages of more than $190 million
  • Representation of an oilfield services company seeking to recover more than $1 million in unpaid amounts for hydraulic fracturing services at a wellsite
  • Represented the trading arm of a major drilling company in a breach of contract suit against a purchaser of 100,000 barrels of gasoline for failure to pay the federal excise taxes associated with the sale
  • Represented the operator of a cogeneration facility and successfully negotiated its dismissal from the Winter Storm Uri multidistrict litigation for zero dollars
  • Represented a wholesale and retail power marketer regarding disputed trades under the parties master power purchase and sale agreement
  • Represented exploration and production companies (operators and non-operators) in a variety of matters, including joint operating disputes and environmental contamination
  • Represented an operator in litigation against a non-operator for failure to pay operational costs, which resulted in a favorable summary judgment in the approximate amount of $315,000 and foreclosure of the non-operator's oil and gas interests
  • Representation of non-operators in an international arbitration regarding a dispute about the parties' obligations under the joint operating agreement related to environmental remediation
  • Representation of an oil and gas operator in litigation relating to alleged flaring of gas on tribal land
  • Represented an oil and gas lessee in litigation regarding an assignment of oil and gas interests

  • Represented many clients in pursuing and defending against injunctive relief (including temporary restraining orders and temporary injunctions); cases involved, among other issues, enforcement of commercial leases, enforcement of partnership agreements, enforcement of non-disclosure and non-compete covenants, and enforcement of loan agreements and deeds of trust
  • Representing a developer of a large industrial complex in a suit seeking to set aside a conveyance of 300 acres purchased for the development of a large rail interchange industrial park
  • Represented a large petrochemical manufacturer in a dispute with a contractor under an engineering, procurement and construction (EPC) contract concerning the contractor's unwarranted demand for more than $100 million above the fixed contract price resulting in a favorable resolution
  • Represented an owner/developer of a medical center in a dispute with a contractor, subcontractors, a civil engineer, a geotechnical engineer and a manufacturer of a detention basin system regarding alleged defective design and construction of an underground stormwater detention basin resulting in a favorable resolution
  • Represented a midstream gathering company as the owner in a dispute with a contractor and subcontractors/suppliers regarding alleged defective construction of a saltwater disposal gathering system resulting in a favorable resolution
  • Representing a large railroad company in a dispute with a design-build contractor concerning the defective design of a railcar repair facility
  • Represented a national retail company in a bench trial in a dispute with a neighboring landowner to enforce its easement rights and option to purchase real property
  • Represented landlords and tenants in litigation involving enforcement of commercial leases and related settlement agreements (including eviction proceedings, appeal of eviction proceedings and state district court litigation)
  • Represented a general contractor in a dispute with a subcontractor regarding the subcontractor's termination, which involved a favorable ruling from the court of appeals enforcing the general contractor's arbitration provision
  • Represented a general contractor in dispute against subcontractor regarding payment and failure to timely complete work
  • Represented owners and general contractors to resolve lien disputes with subcontractors
  • Represented a commercial tenant in obtaining a writ of reentry
  • Representing an architecture firm in seeking the dismissal of a lawsuit based on the plaintiff's failure to attach a proper certificate of merit to the petition

  • Represented a commercial bank in asserting contract and deficiency claims against a real estate development company and its guarantors and in defending its valuation of collateral at a foreclosure sale, which resulted in a favorable jury verdict of approximately $315,000
  • Represented special servicers and commercial banks in the court appointment of receivers over the collateral real properties
  • Represented special servicers and commercial banks in deficiency actions against borrowers and guarantors

Credentials

Education
  • Tulane University Law School, J.D., summa cum laude
  • Southwestern University, B.A., summa cum laude
Bar Admissions/Licenses
  • Texas
Court Admissions
  • U.S. Court of Appeals for the Fifth Circuit
  • 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 Texas
  • U.S. District Court for the Western District of Texas
Memberships
  • The Women's Resource of Greater Houston, Board of Trustees, 2018-Present; Vice President of Programs, 2022-Present
  • Young Audiences of Houston, Board Member, 2019-Present
  • Texas Bar Foundation, Fellow
  • Houston Bar Association, Gender Fairness Committee
  • Houston Young Lawyers Association
  • Garland R. Walker American Inn of Court
  • Texas Association of Defense Counsel (TADC), Nominating Committee, 2019-2020
Honors & Awards
  • Holland & Knight Rising Star, Class of 2022
  • Texas Super Lawyers magazine, 2021
  • Rising Star, Texas Super Lawyers magazine, 2016-2020
  • 40 Under 40, Houston Business Journal, 2019
  • Graduated first in class at Tulane University Law School

Publications

Speaking Engagements

News