• October 26, 2016

    Texas Enviros To Appeal Loss Of Bid To Block Road Projects

    A group of Texas residents and environmentalists said Tuesday they would appeal a federal judge’s recent rejection of their bid to temporarily block the start of groundwork for three highway improvement projects after he found local transportation officials complied with the proper regulations before greenlighting the projects.

  • October 26, 2016

    Oil Co. Wants CWA Offenses Kept Out Of Well-Plugging Trial

    W&T Offshore Inc. asked a Texas federal judge Wednesday to not allow evidence of a 2013 guilty plea to Clean Water Act violations to be entered into its $44 million dispute over well abandonment liability with Apache Corp., saying Apache’s bid to get the evidence introduced is a smear attempt.

  • October 26, 2016

    Cornerstone Ex-CEO Tells Jury PE Fund Stole Prime Deal

    A director and former CEO of Cornerstone Health Care Group told Texas jurors Wednesday the hospital owner would have paid $45 million for a chain of rehabilitation facilities if its management team hadn’t conspired to steal away the deal for private equity fund Nautic Partners LLC.

  • October 26, 2016

    Midstream Service Cos. Fight Rejection Of Sabine Contracts

    Attorneys for two midstream service companies on Wednesday urged a New York federal judge to overturn a bankruptcy court decision that allowed oil and gas producer Sabine Oil & Gas Corp. to reject gas-gathering contracts in Chapter 11, saying that ruling has riled the energy industry.

  • October 26, 2016

    IRS Tells 5th Circ. Dual Citizen Can’t Sue Over Potential Fine

    The IRS pressed the Fifth Circuit on Wednesday not to revive a dual Swiss-U.S. citizen's dispute over a potential $1.4 million IRS penalty for not disclosing his foreign account, arguing a lower court properly tossed the suit because no penalty has yet been imposed.

  • October 26, 2016

    Swiss Release $51M In Venezuelan Oil Assets To US

    The Swiss government said it turned over $51 million in frozen assets owned by the Venezuelan state oil company to the U.S. government Wednesday as part of an ongoing probe into allegations of corruption at the South American operation.

  • October 26, 2016

    Ford Motor Credit Can't Escape TCPA Suit In Light of Spokeo

    Ford's financial services arm can't escape a man's lawsuit alleging it continually called him with prerecorded messages even after he requested the calls stop because the inconvenience of unwanted communication amounts to a legitimate grievance under the high court's Spokeo rule, a Texas federal judge found Wednesday.

  • October 26, 2016

    FERC's In-House Civil Penalties Challenged In 5th Circ.

    Fighting more than $200 million in market manipulation penalties, a Total SA unit told the Fifth Circuit on Tuesday that the Federal Energy Regulatory Commission must prove its case against Total and all market manipulation cases in federal courts, rather than in its in-house proceedings.

  • October 26, 2016

    PwC Must Cough Up Docs In NY AG Exxon Climate Probe

    A New York judge on Wednesday ordered PricewaterhouseCoopers LLP to comply with a state attorney general subpoena for documents related to an investigation into whether Exxon Mobil Corp. lied to investors about climate-change-related risks to its business.

  • October 26, 2016

    NLRB Urges 5th Circ. To Enforce Class-Waiver Ban For Citi

    The National Labor Relations Board on Monday asked the Fifth Circuit to enforce its order barring Citigroup from using a class action waiver in its mandatory arbitration agreement, despite acknowledging competing court precedent on the issue. 

  • October 26, 2016

    $5.4M Settles SEC Oil Investor Fraud Dispute In Texas

    A Texas company and two executives will pay $5.4 million to settle U.S. Securities and Exchange Commission allegations they perpetrated a scheme to dupe investors in fraudulent oil and gas ventures, according to recent federal court filings.

  • October 26, 2016

    T-Mobile, MetroPCS Work Rules Illegal, NLRB Tells 5th Circ.

    The Fifth Circuit should back the National Labor Relations Board ruling that various T-Mobile and MetroPCS employee handbooks have unlawful rules like positive workplace behavior requirements and workplace recording bans, the board recently said, because evidence shows the rules are overbroad.

  • October 26, 2016

    Immigration Atty Wants CIS Brief Nixed For Cocaine Reference

    An attorney appealing the denial of fees in his suit accusing the U.S. Citizenship and Immigration Services of violating the Freedom of Information Act urged the Fifth Circuit Tuesday to strike an agency brief, saying it includes a prejudicial and “scandalous assertion” his client is a cocaine trafficker.

  • October 26, 2016

    Time Warner Takeover Pushes Need For Uniform Privacy Regs

    AT&T roused privacy advocates in unveiling an $85.4 billion cash-and-stock takeover of Time Warner over the weekend, a move that steps up pressure to replace the traditional sectorial approach to privacy regulation with more stringent and uniform rules to counter the increasingly blurry lines between the telecom and tech industries.

  • October 25, 2016

    St. Jude, Medtronic Sued Over Heart Valve Patents

    A heart doctor who claims his artificial heart valve technology impressed television-famous Dr. Mehmet Oz accused St. Jude Medical and Medtronic Inc. of copying the work from two of his patents with their own devices, according to a pair of suits in Texas on Tuesday.

  • October 25, 2016

    Too Early For Contractors To Celebrate Fair Pay Rule Win

    Government contractors scored a significant win this week when an eleventh-hour injunction blocked much of the controversial Fair Pay and Safe Workplaces rule from taking effect, but the strong potential for either an appeal or an amended rule means companies need to continue planning for potential compliance, experts say.

  • October 25, 2016

    5th Circ. Says Man Can Be Deported For Intent To Sell Weed

    A Mexican national convicted of possessing at least 10 pounds of marijuana with the intent to sell it engaged in illicit trafficking of a controlled substance, a crime that leaves him without the right to fight deportation, a Fifth Circuit panel ruled Tuesday.

  • October 25, 2016

    PE-Backed Smart Sand Primes $175M IPO

    Texas-based Smart Sand Inc., a private-equity backed producer of sand used for hydraulic fracturing, set terms Tuesday for a $175 million initial public offering, with guidance from Latham & Watkins LLP, as energy-related companies continue to cash in on the capital markets.

  • October 25, 2016

    Baker Botts Steers Carrizo On $181M Buy, $225M Share Sale

    Baker Botts LLP is representing Carrizo Oil & Gas Inc. in its $181 million purchase of 15,000 acres of land on the Eagle Ford Shale in Texas from a Sanchez Energy Corp. affiliate, and the law firm is also helping Carrizo with a planned $225 million share sale, developments Carrizo announced on Monday.

  • October 25, 2016

    Cameron Can't Block Former Exec From All Middle East Work

    A Texas federal judge ruled Tuesday that Cameron International Corp. can restrain one of its former top executives from working for competitors only in Oman and Yemen, not the entire Middle East, under his noncompete agreement.

Expert Analysis

  • When Your Client Is The President

    Peter J. Wallison

    I was given immediate responsibility for responding to the Iran-Contra crisis. My problem as a lawyer was what to do about all the requests for files, documents and other information that were coming in from investigators. Ultimately, it came down to this: What do I believe about my client? says Peter Wallison, who served as White House counsel for President Ronald Reagan.

  • When Your Client Is The President

    Fred F. Fielding

    The experience of preparing for the 1981 air traffic controller strike brought home to me the responsibility a lawyer owes to his or her client — be it an average citizen, a corporation or a president, says Morgan Lewis & Bockius LLP partner Fred Fielding, who served as White House counsel for Presidents Ronald Reagan and George W. Bush.

  • Bridging The Gap Between Outside And Inside Counsel

    Andrew S. Chamberlin

    Results from a recent International Association of Defense Counsel survey reveal a significant disconnect between inside and outside lawyers when it comes to perceptions of their own effectiveness versus the perceptions of their counterparts on the other side of the fence, say Andrew Chamberlin, a partner at Ellis & Winters LLP, and Orlyn Lockard, associate general counsel at Siemens Corp.

  • When Your Client Is The President

    William E. Casselman II

    My experience with the Nixon pardon, the Nixon tapes, the construction of the White House swimming pool, and other matters well out of the ordinary for a president’s lawyer taught me that in the practice of law one should learn to expect and cope with the unexpected, says William Casselman, who served as White House counsel for President Gerald Ford.

  • So You Want To Be A Partner? You Need A Mentor

    Rebecca Glatzer

    Not all aspects of the partnership process are within an attorney’s power. However, there are some factors that an associate can control on the path to partnership, the most important of which are the relationships cultivated along the way, says Rebecca Glatzer of Major Lindsey & Africa.

  • 'Production Sharing Agreement' Wells: Pros And Cons

    Andrew Zeve

    Production sharing agreement wells and allocation wells present workable alternatives to pooling the tracts needed to drill a horizontal well, but are not without risk, and will often create additional issues that should be considered in planning for the future development of an oil or gas operator’s underlying leasehold position, say Andrew Zeve, Austin Lee and Jonathan Seliger of Bracewell LLP.

  • Don't Forget To Consider State Privacy Laws In M&A

    Excerpt from Lexis Practice Advisor
    George H. Wang

    All businesses with a website may be said to have reach into, and presence in, every state. Therefore, due diligence into information management compliance of a U.S. target company requires cognizance of the laws of at least 52 separate jurisdictions, say George Wang and Kenneth Rashbaum of Barton LLP.

  • When Your Client Is The President

    John W. Dean

    I went to the law books, where I discovered the crime of “obstruction of justice,” and realized I was right in the middle of a criminal conspiracy. I didn't fully understand my conduct during Watergate until — decades later — I learned about the psychology of cover-up at work, says John Dean, who served as White House counsel for President Richard Nixon.

  • Not Quite Final: The Fight Over DOL's New Overtime Rules

    L. Julius M. Turman

    While some welcome the U.S. Department of Labor’s new overtime pay requirements, others believe the revisions ignore the type of work performed in favor of doubling the salary threshold for overtime exemption. Although many employers are wondering if recent challenges to the rules will stop them from coming into force, they are advised to take necessary steps to ensure compliance, say Julius Turman and Ariana Goodell of Reed Smith LLP.

  • Trial Pros’ Secret To Courtroom Success

     Jamin S. Soderstrom

    Somewhat surprisingly, very few of the dozens of "trial pros" who have been interviewed by Law360 have revealed the secret to effective trial preparation that is vital to their success. But ultimately, the “secret” to effective trial preparation is not actually a secret, says Jamin Soderstrom of Soderstrom Law PC.