• May 26, 2016

    Exxon Urges 5th Circ. To Back $3.3M Injury Coverage Win

    Exxon Mobil Corp. hit back Tuesday at Old Republic Insurance Co. in its latest attempt to get out of covering a $3.3 million personal injury suit, telling the Fifth Circuit that a lower court correctly interpreted an agreement with a contractor and its insurance policy.

  • May 26, 2016

    Commodities Co. Gets $12M Garnishment To Fulfill Award

    A Texas federal judge on Thursday granted a commodities merchant an up to $12 million garnishment to help ensure a London-based arbitral tribunal’s award against a shipping and logistics firm that was found in breach of two charter agreements for failing to deposit money into an escrow account.

  • May 26, 2016

    JPML Skeptical Of Consolidating Heart Med Suits

    A five-judge panel of the Judicial Panel for Multidistrict Litigation on Thursday appeared unconvinced that nine lawsuits asserting a host of injuries by patients who took some version of the heart medication amiodarone should be consolidated in Texas federal court, repeatedly asking plaintiffs’ attorneys how the cases were related.

  • May 26, 2016

    DOJ Unsure Which Attys Are Allowed In TX Immigration Case

    The U.S. Department of Justice told a Texas federal court Wednesday that it's not sure which of its lawyers are barred from appearing before the court to defend the White House’s executive immigration actions, following a harsh ruling accusing government attorneys of lying about deportation deferrals.

  • May 26, 2016

    DOL Accuses Pilgrim's Pride Of Race, Gender Bias In Hiring

    The U.S. Department of Labor has sued poultry producer Pilgrim’s Pride Corp. to cancel at least $75 million worth of government contracts and debar it from future contracts until it has corrected allegedly discriminatory hiring practices at a processing facility in Mount Pleasant, Texas, the agency said on Wednesday.

  • May 26, 2016

    J&J Seeks To Pause Hip Implant Trials After $498M Verdict

    Johnson & Johnson has asked a Texas federal judge to put upcoming bellwether trials on ice in the multidistrict litigation over allegedly defective Pinnacle hip prosthetics manufactured by its DePuy Orthopaedics Inc. unit, as it intends to appeal a whopping $497.6 million verdict.

  • May 26, 2016

    Blank Check Co. Landcadia Eyes $250M In Downsized IPO

    After cutting the number of shares it planned to issue, Landcadia Holdings Inc. said Wednesday it's now seeking $250 million in its initial public offering, which the blank check company will look to use for acquisitions in the hospitality, entertainment and gaming industries.

  • May 26, 2016

    Baylor Shakes Up Leadership Following Sex Assault Report

    Baylor University announced Thursday sweeping changes to its administration in the wake of a sexual assault scandal that involved members of the school's football team, saying recommendations for improving future administrative responses, stemming from a Pepper Hamilton LLP investigation, were unanimously adopted by the university.

  • May 26, 2016

    5th Circ. Axes Negligence Row Against Oil Well Operator

    The Fifth Circuit concluded Wednesday that negligence claims brought by a man injured while working on a Callon Petroleum Co. oil well were barred by a Texas law, holding that he failed to show the company was aware of the conditions that caused his accident.

  • May 26, 2016

    Fertilizer Co. Requests Review Of Ammonium Sulfate Imports

    A Texas-based nitrogen fertilizer company on Wednesday urged the U.S government to investigate Chinese exports of ammonium sulfate allegedly unfairly subsidized by the country’s government and sold in the U.S. at less than fair value.

  • May 26, 2016

    Houston Residents Sue City Over 'Horrific' Flooding Incidents

    A group of Houston residents filed a federal lawsuit against the city Wednesday, alleging its prioritizing of private commercial development projects over its obligation to taxpayers has led to “repeated and horrific” flooding in neighborhoods adjacent to a redevelopment area.

  • May 25, 2016

    Abengoa Affiliate OK'd To Sell Stake In Texas Water Pipeline

    A U.S. affiliate of Spanish alternative energy company Abengoa SA received approval from Delaware bankruptcy court Wednesday to sell its membership stake in a project partnership to build a pipeline supplying San Antonio with a significant portion of its water.

  • May 25, 2016

    Texas Charter Schools Targeted Over ‘Extensive’ Visa Use

    A Texas charter-school network exploits the H-1B visa process to bring in “extraordinary numbers” of Turkish teachers, who are then paid disparately high salaries in violation of employment laws, according to a complaint filed Tuesday with state education officials.

  • May 25, 2016

    Venezuelan Oilman Granted $1M Bail In Bribery Case

    A Venezuelan businessman who pled guilty to participating in a $1 billion conspiracy to secure energy contracts from Petroleos de Venezuela SA through bribery and fraud was granted bail ahead of his sentencing in exchange for a $1 million bond payment, according to documents filed in Texas federal court Monday.

  • May 25, 2016

    Guatemalan 'Femicide' Claim Can't Spur BIA Review: 5th Circ.

    The Fifth Circuit on Tuesday rejected a Guatemalan woman's attempt to get a Board of Immigration Appeals decision reviewed due to worsening violence against women in her native country, saying she didn't present enough evidence of the country's changing conditions.

  • May 25, 2016

    Sabine Decries Fight Over Axed Midstream Contracts

    Sabine Oil & Gas objected Wednesday to an attempt by its former midstream service provider Nordheim Eagle Ford Gathering to stay a New York bankruptcy court ruling that nixed gathering contracts between the companies, saying the dispute could disrupt Sabine’s ongoing effort to restructure its debt.

  • May 25, 2016

    Eatery's Claim Rail Project Forced Closure Gets New Life

    A Texas state appeals court reversed a trial court order Tuesday that tossed a suit by Houston restaurant owners claiming a county rail project blocked access to their business and forced it to close, saying a co-owner's affidavit raises ample factual issues to sustain the suit.

  • May 25, 2016

    Wyly Estate Suit Judgment Not Affected By Stay, SEC Says

    The U.S. Securities and Exchange Commission asked a federal bankruptcy judge in Texas on Tuesday to clarify that an automatic stay in the case involving billionaire and fraudster Samuel Wyly doesn't keep the SEC from collecting the funds to satisfy its judgment.

  • May 25, 2016

    VirnetX Wants Apple's FaceTime Stopped After $625M Win

    VirnetX Inc. asked an Eastern District of Texas court Wednesday to enjoin Apple Inc. from continuing its FaceTime and iMessage features, while the tech giant sought to overturn its $625 million patent infringement verdict.

  • May 25, 2016

    Total's Challenge To FERC Jurisdiction Gets Fast Track OK

    A Texas federal judge on Tuesday granted a Total SA unit's bid to speed up consideration of its suit challenging the Federal Energy Regulatory Commission's jurisdiction over market manipulation cases, casting aside FERC's bid to delay briefing on the company's motion for summary judgment.

Expert Analysis

  • 5 Tips For Negotiating And Drafting Joint E-Discovery Plans

    Anthony J. Rospert

    Courts often require parties to develop a joint e-discovery plan. But even when they are not court-imposed, parties should consider using joint e-discovery plans to promote transparency and streamline the discovery process, say Anthony Rospert and Jake Evans of Thompson Hine LLP.

  • How To Convince Calif. And Texas High Courts To Hear A Case

    M.C. Sungaila

    Navigating the discretionary review procedures before the Supreme Courts of California and Texas is tricky, and the odds of review low. M.C. Sungaila and Lynne Liberato of Haynes and Boone share seven ways to beat the odds in each court.

  • And Now A Word From The Panel: A 21st Century MDL

    Alan E. Rothman

    In honor of our 21st installment of "And Now A Word From The Panel," this month’s column will address a burgeoning category of cases subject to multidistrict litigations during the 21st century — cyber MDLs, or more specifically, cases arising from an alleged data privacy breach, says Alan Rothman of Kaye Scholer LLP.

  • Not So Fast, Ohio: FERC Weighs In On Wholesale Energy

    Joseph H. Fagan

    The Federal Energy Regulatory Commission recently affirmed its role in ensuring reasonable rates for wholesale sales of electric energy in Ohio. But state utilities seek to further their objectives without invoking FERC jurisdictional issues, and if other states aim to advance their public policy initiatives using similar methods, it could impose higher costs on captive retail customers, say Joseph Fagan and David Doot at Day Pitney LLP.

  • Panama Papers: Reminders About Law Firm Cybersecurity

    Sean Doherty

    Nowhere is the attractiveness of law firms as cybercrime targets more evident than the recent Mossack Fonseca hack, believed to be the most significant data theft event in history. Firms represent a treasure trove of information and historically have had dreadful cybersecurity practices. There has been some progress, but firms can also commit to better defending their information by taking a simple, three-step approach, says Sean D... (continued)

  • OPINION: Sotomayor's Solution To Pro Bono Is Incomplete

    David A. Lash

    In calling for mandatory pro bono service, U.S. Supreme Court Justice Sonia Sotomayor is effectively using her bully pulpit to advance the cause of access to justice for the poor. Her courageous leadership is a clarion call to action that must be heeded. But bold as it may be, the pronouncement is incomplete, says David Lash, managing counsel for pro bono at O’Melveny & Myers LLP and a member of the Association of Pro Bono Counsel.

  • Creating Barclay Damon: Lessons From A Law Firm Merger

    John P. Langan

    Joining two firms with long histories meant not only combining cultures, philosophies and deeply rooted ways of doing business, but also combining two IT systems, two accounting systems, and two ways of handling many other administrative functions. It didn't help that the firms had different fiscal year ends, says John Langan, managing partner of Barclay Damon LLP.

  • Corporate Counsel: Consumer Becomes Provider (The Sequel)

    Mark A. Cohen

    Last week, we discussed why corporate legal departments are taking on so much more work themselves instead of outsourcing it to law firms. This is, of course, an ominous sign for law firms and the traditional partnership structure. So too is disaggregation and the emergence of legal service providers as well as others — notably the Big Four — poised to enter the gargantuan legal services market, says Mark A. Cohen of Legal Mosaic LLC.

  • Dvorin And Prosecutorial Vindictiveness: A Hard Row To Hoe

    Daniel Wenner

    It’s every convicted defendant’s fear — appeal the conviction or sentence, persuade the appellate court to vacate the conviction or sentence, and end up worse off because on remand the government brings additional charges or seeks a higher sentence. The circumstances of Jason Dvorin’s travels through the criminal justice system are enlightening in this regard, says Daniel Wenner of Day Pitney LLP.

  • Transgender Bathroom Debate: What's The Deference?

    Jim S. McNeill

    The issue of whether an individual has a right under federal law to use the bathroom or locker room corresponding to their gender identity has spurred multiple lawsuits throughout the country. However, the legal arguments underpinning the opposing sides of the debate are relatively straightforward and answers to the questions posed may come from an unusual source, say Jim McNeill and Peter Stockburger at Dentons.