Texas

  • July 1, 2015

    Dreier Trustee Settles With Diamond McCarthy In Fee Row

    Former Diamond McCarthy LLP attorney Sheila M. Gowan settled a dispute in Texas state court with her former firm over $1.4 million in fees she generated as Dreier LLP's Chapter 11 trustee, Gowan confirmed on Wednesday.

  • July 1, 2015

    Utility Can't Avoid Suit Over Pollution Control Project

    A Texas appellate court on Wednesday gave Casey Industrial Inc. another shot at suing San Antonio power utility CPS Energy for cost overruns on a pollution control project at a CPS coal-fired power plant, saying the case was wrongly dismissed on governmental immunity grounds.

  • July 1, 2015

    EA Says Conflicting Testimony Undermines $4.9M IP Verdict

    Electronic Arts Inc. made another bid in Texas federal court Tuesday to escape a jury’s $4.9 million verdict in a patent infringement case, arguing a key expert offered conflicting testimony and that Uniloc Luxembourg SA secured the verdict through “fraud, misrepresentation or misconduct.”

  • July 1, 2015

    Benefits Extended To Texas State Workers' Same-Sex Spouses

    The state of Texas on Wednesday officially began extending benefits to the spouses of gay and lesbian state workers in the wake of last week's landmark U.S. Supreme Court decision in favor of same-sex marriage, even as Republican politicians including Texas Gov. Greg Abbott decried the decision.

  • July 1, 2015

    Consultant Linked To Dallas Bribery Scheme Pleads Guilty

    A consultant accused of helping funnel money to a powerful Dallas County commissioner as part of a long-running bribery scheme to obtain government contracts on Wednesday pled guilty to a conspiracy charge.

  • July 1, 2015

    Eli Lilly Hit With IP Suit Over Cialis Use

    A German pharmaceutical company on Wednesday accused Eli Lilly and Co. and a Texas pharmacy chain of violating intellectual property laws through sales of erectile dysfunction drug Cialis, claiming in a federal suit that the use of the drug to treat an enlarged prostate is already patented.

  • July 1, 2015

    Sport Leagues Back Magistrate On Media Patent's Invalidity

    The media arms of three professional sports leagues blasted Affinity Labs of Texas LLC's objections to a magistrate’s recommendation that Affinity's patent suit against the broadcasters be dismissed, telling a Texas federal court Tuesday that the patent is invalid.

  • July 1, 2015

    Ex-Daspit Atty Hits Back In Suit Over 'Stolen' Clients

    A former attorney of Houston personal injury firm Daspit Law Firm PLLC on Monday said the firm misrepresented his experience in a lawsuit accusing him of stealing client lists and other proprietary information in an attempt to siphon away business and start his own firm, in what he called an attempt to squash a would-be competitor.

  • July 1, 2015

    5th Circ. Wants Texas Court's Take On Golf Channel Ponzi Ads

    The Fifth Circuit on Tuesday asked the Texas Supreme Court to clarify a Texas Uniform Fraudulent Transfer Act section, after the Golf Channel urged the circuit to reconsider allowing the R. Allen Stanford Ponzi scheme receiver to sue the channel for about $6 million over advertising payments.

  • July 1, 2015

    Texas Co. Says It Faces Retaliation From AT&T Affiliate

    A Texas cable operator told the Federal Communications Commission that its negotiation for the right to carry a regional sports network owned by AT&T and DirecTV is a troubling sign of what’s to come if the proposed merger is approved, according to a letter posted Wednesday.

  • July 1, 2015

    Fort Worth Pulls Opposition To Chesapeake Royalty MDL

    Less than a month after asking the Texas Supreme Court to remove it from multidistrict litigation in a royalty suit against Chesapeake Energy Corp. over oil and gas proceeds, the City of Fort Worth withdrew its petition Tuesday.

  • July 1, 2015

    Photog Says Big Red Soda Stole Alamo Pic For Social Media

    A professional photographer hit soda company Big Red Inc. with a lawsuit in Texas district court on Tuesday, alleging that it is illegally using a photo he took of The Alamo on social media sites without permission.

  • July 1, 2015

    Policyholders Get EPA Coverage Clarity From Texas Justices

    In recent ruling that a U.S. Environmental Protection Agency proceeding against an alleged polluter is a "suit" triggering an insurer's duty to defend, the Texas Supreme Court released policyholders from the dilemma of either defending themselves without insurance or rolling the dice in a civil suit to try to secure coverage.

  • July 1, 2015

    Texas Clerk Flips Decision To Deny Gay Marriage Licenses

    One Texas clerk who originally declined to provide same-sex marriage licenses, with approval from the state attorney general, said Tuesday her office will comply with federal law.

  • June 30, 2015

    Jay-Z's Roc Nation Seeks To Escape Dez Bryant Branding Suit

    Jay-Z’s Roc Nation LLC took a swing at a Florida-based sports marketing firm’s accusations it poached star Dallas Cowboys wide receiver Dez Bryant from its roster, saying Tuesday that the suit didn’t directly allege the rapper’s entertainment company did anything wrong.

  • June 30, 2015

    Texas Court Says Eagle Ford Contract May Cover More Land

    In a case of first impression, a Texas appellate court on Tuesday said a 1980 oil and gas development contract for Eagle Ford Shale property isn’t limited to the interests owned by the original parties at the time of the contract.

  • June 30, 2015

    Chesapeake Rounds Up 9 Royalty Suits In Texas Fed. Court

    Chesapeake Energy Corp. asked Monday that nine similar lawsuits alleging the oil and gas company used bogus transactions with an affiliate to underpay Texas royalty owners be removed to federal court, citing diversity of citizenship.

  • June 30, 2015

    Texas Bar Chain Settles DOJ Racial Discrimination Claims

    A Texas chain of karaoke bars alleged to have discriminated against black and Asian customers agreed on Tuesday to change its policies, the U.S. Department of Justice announced on Tuesday.

  • June 30, 2015

    Sports Agencies Spar Over Name, Venue In Trademark Row

    Two sports agencies are fighting for the name Select Sports Group in a Texas federal court as plaintiff SSG Baseball LLC tried on Monday to get the case moved back to state court, saying its original complaint contained no federal claims.

  • June 30, 2015

    Texas Appeals Court Revives BP’s Trespass Indemnity Suit

    A Texas appeals court on Tuesday revived a BP Oil Pipeline Co. suit alleging Plains Pipeline LP agreed to indemnify it against landowners who say BP trespassed on their property to use a pumping station for 26 years without paying rent, finding Plains failed to show it was entitled to summary judgment.

Expert Analysis

  • Don't Discount Disparate Impact After High Court Case

    Michael B. Mierzewski

    The implications of the U.S. Supreme Court's ruling in Texas Department of Housing and Community Affairs v. Inclusive Communities Project Inc. extends beyond the primary mortgage lending and insurance industries. The ruling almost certainly will embolden private plaintiffs and government agencies to assert claims of disparate impact discrimination, say attorneys at Arnold & Porter LLP.

  • How Drug Cos. Can Minimize Risks Of 'Right To Try' Laws

    Vicki G. Norton

    With "right to try" measures that provide seriously ill patients access to experimental treatments being drafted in 40 states, drug and biologic developers have faced increasing pressure from patients and their advocates to make investigational drugs available for compassionate use. Vicki Norton of Duane Morris LLP has some advice for navigating the risks associated with allowing patients compassionate use of experimental drugs.

  • Midpoint 2015: What To Expect From State AGs

    Joseph W. Jacquot

    Whether on competition in the solar energy market, oversight of professional occupations or the safety of electronic payment systems, businesses should proactively engage with state attorneys general as they fulfill their consumer protection role, says Foley & Lardner LLP's Joseph Jacquot, a former Florida deputy attorney general and chief of staff of the attorney general’s office.

  • New Texas Bills Protect Personal Injury Defendants

    Steve Scheve

    Attorneys and companies facing personal injury or wrongful death litigation in Texas state court should take note of two bills recently passed by the Texas Legislature that provide additional tools for defendants, say Steve Scheve and Rebecca Hammerbeck of Reed Smith LLP.

  • The Top 3 New Do’s And Don’ts For Law Firm Websites

    Stephan Roussan

    In legal marketing circles, there are few topics peddled about more than “hot tips” for improving your law firm’s website. Google it. You’ll find more advice than you could ever digest. However, there are larger trends in technology, culture and user behavior that are impacting firms in very significant ways and are not being talked about nearly as much as they should be, says Stephan Roussan, founder of consulting and web developm... (continued)

  • High Hurdles Remain For Texas Derivative Plaintiffs

    Jeffrey R. Elkin

    The Supreme Court of Texas plainly seems to believe that its decision in Sneed v. Webre endorses an “easier” path for a shareholder in a closely held corporation to enforce its rights and protect the value of its ownership interests. However, while the business judgment rule will not be a bar to standing, it remains a high hurdle to any ultimate recovery for derivative plaintiffs, says Jeffrey Elkin of Porter Hedges LLP.

  • REBUTTAL: Flood Insurance Is Different For Businesses

    Michael Levine

    Prolonged and torrential rains have caused widespread flooding in Texas, Oklahoma and surrounding areas. Contrary to arguments made in a recent Law360 guest article, business owners may not be subject to the same stringent limitations on coverage faced by homeowners, say Michael Levine and Jennifer White of Hunton & Williams LLP.

  • Texas Post-Production Costs Still Constrained By 4 Corners

    William D. Wood

    The law on deductibility of post-production costs in calculating royalties under Texas oil and gas leases remains unchanged by the Texas Supreme Court’s decision in Chesapeake Exploration LLC v. Hyder. Deductibility of post-production costs has been and still is governed by a fair reading of the particular royalty lease language, say William Wood and Lauren Varnado of Norton Rose Fulbright US LLP.

  • The Trials And Tribulations Of Disparate Impact Theory

    Michael A. Mancusi

    Although the precise theory of discrimination was not revealed in the government's action against Provident Funding Associates LP's lending practices, it is likely that regulators, despite recent court challenges — including Texas Department of Housing and Community Affairs v. The Inclusive Communities Project Inc., which is pending before the U.S. Supreme Court — relied on disparate impact theory, say attorneys at Arnold & Porter LLP.

  • Clean Power Plan Wins A Battle, But Has It Won The War?

    Jennelle Arthur

    While the Obama administration's Clean Power Plan may have survived its first legal challenge in Murray Energy Corp. v. U.S. Environmental Protection Agency before the D.C. Circuit, because the victory hinged on procedural grounds and the presiding judges were Bush-era appointees, the only certainty going forward is that the plan will continue to face both legal and legislative attacks, says Jennelle Arthur of Jackson Kelly PLLC.