• September 30, 2016

    Taxation With Representation: Latham, Vinson, Skadden

    In this week’s Taxation With Representation, a Pennsylvania-based gas driller gained bigger access to the Marcellus and Utica shales for $2.7 billion, a German specialty chemicals company spent about as much to buy Philadelphia-based Chemtura and FTV Capital closed its fifth fund after collecting $850 million.

  • September 30, 2016

    Texas Says Tribe Must Allow Casino Inspection

    The state of Texas on Thursday urged a federal court to force the Ysleta del Sur Pueblo tribe to allow an inspection of its gaming facility to see if the tribe is holding any illegal electronic bingo games, saying the tribe has refused an inspection.

  • September 30, 2016

    Cheniere Values Investment Unit At $5.1B With Buyout Offer

    Texas-based Cheniere Energy on Friday offered to buy all of the stock in affiliate Cheniere Partners Holdings that it does not already own in an all-stock deal that values the target at $5.1 billion, in a move that will simplify its structure.

  • September 29, 2016

    Regal Can't Undo Injunction In iPic's Texas Antitrust Suit

    Regal Entertainment Group couldn’t toss a temporary injunction barring it from trying to prevent film distributors from licensing films to rival iPic-Gold Class Entertainment LLC in Houston when a Texas appeals court Thursday affirmed a lower court’s order barring alleged antitrust activity.

  • September 29, 2016

    DOJ Clears 2 Texas Cos. For Self-Reported FCPA Violations

    The U.S. Department of Justice said Thursday it has closed Foreign Corrupt Practices Act investigations of two Texas companies that self-reported violations as part of the federal government's one-year pilot program offering reduced criminal fines in exchange for companies' preemptive action.

  • September 29, 2016

    10 States Push Judge To Block DOL Persuader Rule

    Ten states urged a Texas federal judge Wednesday to permanently block the U.S. Department of Labor from enforcing a new rule expanding employers’ disclosure requirements related to union-organizing campaigns and declare it unlawful.

  • September 29, 2016

    United Says $500M Tax Case Shouldn't Fail Over Atty Error

    When a trial court dismissed a lawsuit regarding a $500 million dispute over United Airlines' property valuation in Harris County, Texas, it did so based on a tax code technicality, against the intentions of the state Legislature and because of a lawyer's mistake, Texas' Fourteenth Court of Appeals was told Thursday in oral arguments.

  • September 29, 2016

    Wal-Mart Can't Move Web Patent Suit From Texas To Calif.

    A Texas federal judge on Thursday denied Wal-Mart’s bid to switch the venue of a patent infringement suit brought against it by a technology developer regarding the retail giant’s website to California, saying it failed to show a Golden State district was a “clearly more convenient” forum.

  • September 29, 2016

    States Sue To Block Ending Of Feds' Domain Name Contract

    Fearing the consequences of privatizing control over the internet’s domain name system, state attorneys general from Texas, Arizona, Oklahoma and Nevada filed suit on Wednesday to block the federal government from transferring its DNS stewardship over to a global community of stakeholders at the end of the week.

  • September 29, 2016

    French Heli Maker, US Buyer’s Feud Sent To Arbitration

    A Texas federal court Thursday granted a French helicopter company's request to send a dispute with a U.S. purchaser to arbitration in its entirety, rejecting the buyer's request to refer only the question of whether the arbitral tribunal has jurisdiction.

  • September 29, 2016

    5th Circ. Trims Rothko Painting Ex-Owner's Contract Row

    The Fifth Circuit on Wednesday affirmed a lower judge’s decision that an art collector was not liable for revealing the identity of the woman who sold him a prominent Mark Rothko painting, though the circuit court overturned the finding that a third company might be on the hook for damages.

  • September 29, 2016

    Verein Structure Causes Naming Problems For Texas Firms

    The Professional Ethics Committee for the State Bar of Texas has released an opinion holding that under state rules, if a Texas lawyer is a member of a firm that also belongs to a multifirm organization — like a verein — the lawyer cannot use the organization's name as the firm's name.

  • September 29, 2016

    Travel Agency Says Marriott Gave NFL Its Super Bowl Rooms

    A travel agency told a Texas federal court Wednesday that a Houston Marriott hotel reneged on a room booking deal for the 2017 Super Bowl in favor of a more lucrative contract with the NFL.

  • September 29, 2016

    EFH Set To End $122M Spat With Texas Wind Farm Operator

    Energy Future Holdings Corp. subsidiary Luminant has agreed to settle a $122 million dispute over a contractual obligation to purchase wind-generated electricity from the operator of a wind farm in West Texas, according to papers filed in Delaware bankruptcy court on Wednesday.

  • September 29, 2016

    Real Estate Rumors: Madison, Pineapple Grove, Lonza

    Madison Development is said to have bought retail space at a New York condo building for $26 million, Pineapple Grove Associates has reportedly picked up a Florida mall for $12.5 million, and biotech giant Lonza is said to be adding 150,000 square feet to its Texas development project.

  • September 29, 2016

    CST Brands Investor Slams $4.4B Takeover By Couche-Tard

    An investor in Valero Energy Corp.’s retail spinoff CST Brands Inc. blasted the gas station and convenience store operator’s board of directors in a complaint in a Texas federal court on Thursday, contending that an “unfair process” led to an “unfair price” in its $4.4 billion sale to Couche-Tard.

  • September 28, 2016

    3 Cases That Clarify When To Call Your Malpractice Insurer

    Every legal malpractice policy outlines the duty to alert a carrier of an expected claim, and while most triggers aren’t hard to identify, there are situations in which a lawyer might miscalculate and fail to give the carrier a heads-up, putting coverage at risk. Here are three cases that shed light on the lawyer’s duty to notify.

  • September 28, 2016

    5th Circ. Says Con-Way Engaged In Unfair Labor Practices

    The Fifth Circuit on Tuesday affirmed a National Labor Relations Board determination that Con-way Freight LLC engaged in unfair labor practices when it refused to negotiate with a union of drivers and dockworkers after a close election.

  • September 28, 2016

    5th Circ. Nixes Koch Foods' Access To Identifying Visa Info

    Koch Foods of Mississippi LLC cannot compel the release of identifying visa application information on employees who brought a sexual harassment suit against it, the Fifth Circuit ruled Tuesday, finding that a lower court’s decision to grant access to U Visa application information could dissuade immigrant victims from bringing complaints in the future.

  • September 28, 2016

    Chipotle Hit With $7.65M Verdict In Sexual Harassment Suit

    A Texas state court jury has awarded $7.65 million to a woman after finding a Chipotle assistant store manager had sexually assaulted her when she was a minor and the restaurant chain had subjected her to sexual harassment.

Expert Analysis

  • Oral Advocacy And 'Vocal Fry'

    Higdon (1).jpeg

    In a sneak preview of the fall edition of Legal Communication & Rhetoric, Professor Michael Higdon of the University of Tennessee College of Law explores the negative reactions to "vocal fry," the accusations of sexism those reactions have engendered, and what all this means for female attorneys.

  • Texas Says 'No Way' To One Way's Hail Damage Claim

    Jennifer L. Gibbs

    U.S. District Judge Sidney Fitzwater of the Northern District of Texas recently ruled in One Way v. Century Surety, granting summary judgment in favor of the insurer and dismissing One Way's claims with prejudice. This case demonstrates that failure to segregate physical damage attributable to covered perils from damage attributable to noncovered perils is fatal to the insured's recovery, says Jennifer Gibbs of Zelle LLP.

  • The Courtroom Where It Happened: Hamilton As A Lawyer

    Randy Maniloff

    Often lost in discussions about Alexander Hamilton is that he was an extremely important New York lawyer. He had an extensive law practice until his death in 1804 and he wrote what is considered to be the first treatise in the field of private law. Ultimately, Hamilton certainly did get "a lot farther by working a lot harder, by being a lot smarter, by being a self-starter," says Randy Maniloff of White and Williams LLP.

  • Why Have Lawyers Forgotten About The Middle Class?


    Sorry, fellow lawyers, judges and legislators, but the jig is up. It’s time to show the public the cards up our sleeves and give them a chance to weigh in on the fairness of a system that touches so many aspects of their everyday lives, says Chas Rampenthal, general counsel of LegalZoom.

  • Prelitigation Steps For Trade Secret And Noncompete Cases

    Excerpt from Lexis Practice Advisor
    Matthew T. Miklave

    One of the first steps in addressing potential trade secret misappropriation and breach of restrictive covenant claims is determining the scope and extent of the employer’s protections. However, the prelitigation process involves many more stages. Attorneys with Robinson & Cole LLP address seven specific steps you should take on behalf of an employer in assessing and addressing a potential breach of a noncompete agreement.

  • How Appraisal Protects Against Texas Insurance Code Abuse

    Shannon M. O'Malley

    In recent months, multiple Texas courts have ruled that prompt appraisal award payments essentially end an insurer's exposure for breach of contract and extracontractual claims. By properly invoking appraisal provisions, insurers can avoid concerns about boilerplate statutory bad faith allegations, says Shannon O'Malley of Zelle LLP.

  • Overhauling Law Firm Records Departments For A New Reality

    Raymond Fashola

    As automation increases, so do business challenges that impact overall law firm operations. Records departments are facing roadblocks associated with antiquated processes, ever-changing regulatory requirements, and emerging technologies. As a result, firms are reassessing the needs of their records department staffing models, says Raymond Fashola of HBR Consulting.

  • Unclaimed Property Law: What Oil And Gas Cos. Should Know

    Carol Lynn Thompson

    States have recently stepped up enforcement of unclaimed property laws to generate additional revenue and the oil and gas industry has become an attractive target. Because unclaimed property compliance obligations can be particularly complex it is critical that companies understand the current landscape and the best ways to navigate the audit process, say attorneys at Sidley Austin LLP.

  • Texas Courts' Consistent Inconsistency On Improper Joinders

    Todd M. Tippett

    In August, two different Texas federal courts heard two very similar insurance claims cases, but reached opposite decisions regarding whether or not the cases should be remanded to state court. This stems from the ambiguity of determining whether some multiparty insurance lawsuits are proper or not, according to Todd Tippert of Zelle LLP.

  • Staying Out Of Treble Trouble: Clues From Samsung Case

    Austin Champion

    A judge in the Eastern District of Texas recently became the first federal judge to award enhanced damages for willful patent infringement under the U.S. Supreme Court's Halo standard. Imperium v. Samsung is a strong reminder that treble enhanced damages under Section 284 remain unquestionably on the table for egregious infringement, say Austin Champion and Michael Barbee of Griffith Bates Champion & Harper LLP.