Simon W. (Trey) Hendershot III

Top rated Business Litigation attorney in Houston, Texas

Hendershot Cowart P.C.
Simon W. (Trey) Hendershot III
Hendershot Cowart P.C.

Practice areas: Business Litigation, Health Care, Business & Corporate; view more

Licensed in Texas since: 1987

Education: South Texas College of Law Houston

Selected to Super Lawyers: 2026

Hendershot Cowart P.C.

1800 Bering Drive
Suite 600
Houston, TX 77057 Visit website
Details

“When a client hires me, they get someone with 30-plus years of experience who is going to pay very personal attention to each and every matter that comes across my desk."
— Trey Hendershot

As the managing shareholder of Hendershot Cowart P.C., I look out for the best interest of our clients by utilizing our many years of combined experience practicing business lawbusiness litigationhealth law and regulatory compliance, and OSHA defense.

With over three decades of experience as a business lawyer, I have helped many friends and clients take their businesses and healthcare practices to the next level. Throughout my career, I have developed a reputation for zealous representation, distinguished by personal attention, experience, and unparalleled preparation.

Your Goals Are My Priority

The strong work ethic of my father and grandfather inspired my decision to practice law. From them, I learned that success requires dedication and experience. It also requires integrity, honesty, and dogged determination. Whether reviewing an employment contract or providing representation in complex business litigation or a regulatory investigation, I continuously seek the best possible outcome for you and your business.

I have extensive experience representing businesses from startup to full operation, including helping file initial incorporation and managing multimillion-dollar transactions. I have counseled thousands of clients through litigation, arbitration, mergers, and acquisitions. My experience also extends to OSHA citation defense, Texas Medical Board and other licensing investigations, Anti-Kickback Statute and OIG investigations, fraud and abuse investigations, and STARK Law compliance.

Many of the clients I have represented for decades continue to flourish, benefiting from my and my firm's ongoing counsel. And when the inevitable litigation comes along, I've helped these same clients enforce their rights, defend against suits, and prevent future problems with sound regulatory and legal guidance. I shoulder the legal burden and let you get back to business.

Practice areas

Business Litigation, Health Care, Business/Corporate, Estate & Trust Litigation, Intellectual Property Litigation

Focus areas

Business Formation and Planning, Business Organizations, Contracts, Health & Health Care Law, Hospital Law, Limited Liability Companies, Non-Compete Agreements, Nursing Home, Partnership, Sub-chapter S Corporations, Trade Secret, Will Contests

  • 30% Business Litigation
  • 30% Health Care
  • 20% Business/Corporate
  • 10% Estate & Trust Litigation
  • 10% Intellectual Property Litigation

First Admitted: 1987, Texas

Professional Webpage: https://www.hchlawyers.com/attorneys-staff/trey-hendershot/

Bar / Professional Activity

  • American Health Law Lawyers Association Health Law Section of the Texas State Bar HIMSS, Health Information and Management Systems Society

Videos

  • Governance documents, such as an operating agreement, shareholders agreement, or corporate bylaws, dictate how your Texas business is run, who has what authority, and what happens if a dispute arises. Without these documents, your Texas business defaults to Texas's Business Organization Code. Texas business attorney Trey Hendershot explains why they prevent expensive partnership disputes and provide clear remedies when problems arise., Does my Texas Business Need Governance Documents?, 2026
  • The enforceability of non-compete provisions when a franchisor has breached the franchise agreement depends on several factors, including the specific language in the agreement. Many franchise agreements include specific language stating that the non-compete applies "upon termination for any reason." This wording can be pivotal in enforcement disputes. Franchise dispute attorney Trey Hendershot explains in this short video., Are Franchisees Bound by Non-Compete Provisions if the Franchisor Breached the Agreement?, 2025
  • What should you negotiate in a physician employment agreement? Healthcare attorney Trey Hendershot has been reviewing physician employment agreements for 36 years. In this video, he discusses employment contract considerations, including determining your worth, negotiating salary and other provisions, and common pitfalls. This presentation will help you: Understand common clauses and the language used in physician employment agreements; Avoid common mistakes and clarify ambiguous clauses; and Negotiate the best possible compensation and a clearly defined bonus structure., Negotiating Physician Employment Agreements ... Know Your Worth!, 2025
  • To protect your business or practice from unfair competition, you need a comprehensive non-compete agreement that covers all the bases. At Hendershot Cowart P.C., our Houston-based business law firm works with employers, executives, employees, and independent contractors – as well as buyers or sellers of businesses – to draft, review, negotiate, and implement non-compete agreements that are detailed, enforceable, and mutually agreeable., What Makes a Non-Compete Enforceable in Texas?, 2022
  • Discovering that your business partner is embezzling money or stealing clients to start a competing business is devastating. Texas business litigation attorney Trey Hendershot reveals the critical steps you must take immediately to protect your company and stop the bleeding., Your Business Partner Is Stealing – Here's What You Must Do in the First 24 Hours, 2022

Representative Clients

  • Represented Public Utility District in a successful appeal before the Fifth Circuit Court of Appeals, defending the client against claims of discrimination under the Americans with Disabilities Act, the Federal Fair Housing Act, and other related state and federal statutes at both the trial and appellate court levels
  • Represented e-prescribing company in litigation alleging patent infringement
  • Represented Freestanding Emergency Center through trial and appeal phase in dispute with health insurance companies regarding payment of fees
  • Represented trust beneficiary in complex breach of fiduciary duty litigation against a large financial institution
  • Successfully represented the founder of a multi-million-dollar software company in a hostile freeze-out attempt
  • Lead counsel for the seller in a private, for-profit hospital sale to a state university system
  • Argued a Probate Court decision before the Fourteenth Court of Appeals of Texas to uphold the rights of a judgment creditor, leading to a successful settlement with the opposing party (Dyer v. Echols, 808 S.W.2d 531, 1991)
  • Successfully represented the founding physician in breakup litigation over a large, multi-specialty practice
  • Overturned an OSHA citation for a demolition company cited for a job site fatality on a multiemployer worksite

Educational Background

  • South Texas College of Law Houston
  • Texas A&M University, B.B.A.

Scholarly Lectures / Writings

  • In Texas, your operating agreement (also called a "Company Agreement") is the defining document that governs how your LLC operates. Unlike corporations, which must follow rigid state-imposed structures, LLC members can agree among themselves on virtually every aspect of business operations.Here's what most business owners don't realize: Without a comprehensive operating agreement, your LLC defaults to basic state law provisions that often don't match your business needs or protect your interests., Author, Why Your Texas LLC Operating Agreement is Your Best Defense Against Costly Litigation Between Members, 2026
  • For healthcare practitioners – including those making good-faith compliance efforts – avoiding the attention of RACs, MACs, and other Medicare auditors can be difficult. An unfavorable audit can result in denied claims, delayed payments, and demands for repayment with interest, creating significant financial hardship for providers whose business model relies on serving Medicare patients. If you disagree with MAC, RAC, or UPIC audit findings, understand your appeal rights and engage experienced legal counsel to protect your practice from excessive recoupment demands or payment suspensions. While MAC, RAC, and UPIC audits serve different purposes, all three follow the identical five-level appeals process outlined below., Author, The Complete Guide to the Medicare Appeals Process: When to Hire a Medicare Appeals Attorney, 2026
  • Offering incentives for referrals is a standard practice in many industries. However, the federal Anti-Kickback Statute makes this practice illegal in the healthcare industry, specifically for federally funded healthcare programs. It’s clear that paying someone a fee for a referral is a violation of the AKS. But what are some of the more subtle ways healthcare providers, pharmacies, and service providers may engage in illegal kickbacks? This article shares five examples of kickback allegations., Author, Watch Out for These 5 Subtle Ways Physicians, Facilities Can Violate the Anti-Kickback Statute, 2025
  • Prescription drug fraud has long been a focus for government regulators, but it has taken on new significance in the wake of America’s opioid crisis. The U.S. Department of Justice (DOJ), Department of Health and Human Services (HHS) Office of Inspector General (OIG), Drug Enforcement Agency (DEA), and numerous other state and federal agencies, have ramped up efforts to audit, investigate, and prosecute physicians, pharmacists, and others who fraudulently administer prescription drugs. As a pharmacist, how can you defend yourself in the face of an audit or investigation?, Author, A Pharmacist's Guide To Prescription Drug Fraud Investigations, 2025
  • FinCEN Director Andrea Gacki recently met with small business owners to spread the word on the Corporate Transparency Act (CTA). The new transparency law became effective January 1 of this year and impacts most U.S. small businesses. The Financial Crimes Enforcement Network, or FinCEN, is a bureau of the U.S. Department of the Treasury that plays a vital role in combating financial crimes like money laundering and terrorist financing. As Director Gacki explained, “FinCEN issues regulations to combat money laundering, terrorist financing, and other forms of illicit finance. Those regulations require that approximately 300,000 financial institutions report timely and accurate information under the Bank Secrecy Act regarding suspicious activity and certain transactions. “We then provide access to this information to law enforcement and other national security agencies. This helps law enforcement investigate serious crimes like narcotrafficking, human trafficking, fraud, and identity theft.” This article reviews her remarks and shares information on the Corporate Transparency Act. , Author, FinCEN to U.S. Small Businesses: Report Beneficial Ownership Information to Stop Bad Actors, 2025
  • Corporations (businesses) typically reorganize for one of two reasons: To improve efficiency or to increase revenue. “Corporate reorganization,” then, refers to any change to a company’s internal or departmental structure aimed at one or both of these objectives. Reorganization happens, for example, when businesses need to address major problems, or when they look to overhaul strategies for management structure or market focus. The Internal Revenue Service (IRS) has specific rules about how corporate mergers, acquisitions, spinoffs, and other changes in structure are treated for tax purposes. Internal Revenue Code Section 368 defines seven types of reorganizations that may qualify for tax-free treatment, meaning the company and its shareholders avoid recognizing capital gains or losses on the transaction. This article breaks down the seven types of potentially tax-free reorganizations, as defined by the IRS.  , Author, 7 Types Of Corporate Reorganization, 2025

Firm News (Newsletters)

  • Hendershot Cowart P.C. is proud to announce our inclusion in the 2026 edition of Best Law Firms® for Houston – Litigation: Health Care., Hendershot Cowart Named to 2026 Best Law Firms List
  • Hendershot Cowart P.C. is proud to announce that several of our attorneys have been recognized by Best Lawyers: Ones to Watch® in America 2026 Edition, and the 2026 Edition of The Best Lawyers in America®. Both honors are selected through a famously reliable Purely Peer Review® methodology and process that asks other legal professionals for nominations., Three Hendershot Cowart Attorneys Recognized by Best Lawyers & Best Lawyers: Ones to Watch 2026
  • On July 18, the Houston Chronicle hosted several hundred locally owned Houston businesses at its fifth annual Best of the Best awards ceremony. The award program celebrates the “best of the best in Houston, as voted by Houstonians.” Hendershot Cowart P.C. was named among the top three law firms in two categories: Corporate Law Commercial Litigation "We are incredibly honored to be recognized as 'Best of the Best' for Corporate Law and Commercial Litigation by Houstonians,” says Trey Hendershot, Managing Shareholder for Hendershot Cowart. “This award reflects the compassion, persistence, and hard work of our entire team. We're proud to call Houston home and it is a privilege to serve our clients and the Houston community.", Hendershot Cowart P.C. Recognized Among Houston Chronicle’s Best of the Best

Honors

  • Attorney Simon W. (Trey) Hendershot III has been recognized by The Best Lawyers in America for his work in Litigation – Health Care. He has earned this honor each year since 2021., The Best Lawyers in America®, Best Lawyers®, 2026
  • Trey Hendershot has been recognized in Best Lawyers since 2021 for his outstanding work in Litigation - Health Care. , The Best Lawyers in America®, Best Lawyers, 2025

Industry Groups

  • Business
  • Construction
  • Energy
  • Food
  • Healthcare
  • Hospitality
  • Manufacturing
  • Medicine
  • Oil And Gas
  • Professional Services
  • Retail
  • Service
  • Small Business
  • Social Media
  • Technology
  • Transportation & Storage

Office location for Simon W. (Trey) Hendershot III

1800 Bering Drive
Suite 600
Houston, TX 77057

Phone: 713-881-9791

Selections

1 Year Super Lawyers
  • Super Lawyers: 2026

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