Texas RSS

  • April 17, 2014

    DOJ Says Texas Is Ducking Discovery On Voting Rights

    The U.S. Department of Justice on Wednesday accused Texas of blocking the federal government’s discovery in a Voting Rights Act suit challenging an allegedly discriminatory redistricting plan the state adopted in 2011, claiming that the state refused to provide legislative documents.

  • April 17, 2014

    Ex-Named Atty Seeks $1M From Patent Firm For Unpaid Fees

    A former shareholder in patent litigation boutique Williams Morgan PC recently launched a suit in Texas state court seeking more than $1 million from the firm for unpaid compensation he says he earned before striking out last year to start his own practice.

  • April 17, 2014

    Employers Watch For NLRB's Next Moves On DR Horton

    In a victory for employers, the Fifth Circuit on Wednesday rebuffed the National Labor Relations Board's bid for a full-court review of the panel ruling rejecting its ban on mandatory employment class waivers, but attorneys say businesses should keep an eye on what steps the board takes next, as the issue remains a live one that could ultimately require U.S. Supreme Court resolution.  

  • April 17, 2014

    Cantey Hanger Immune From Fraud Suit, Texas Justices Hear

    Cantey Hanger LLP asked the Texas Supreme Court Thursday to cut it loose from a fraud suit accusing it of helping a client avoid paying taxes on the sale of an airplane at the expense of her ex-husband’s company, arguing it is immune to the litigation.

  • April 17, 2014

    Player In $11M Ponzi Scheme Gets 25-Year Sentence

    A Texas federal judge on Wednesday handed down a 25-year prison sentence to a key player in an $11 million investment fraud scheme and ordered he pay $6.5 million in restitution, the U.S. Department of Justice announced.

  • April 17, 2014

    Gardere's Bid To Cut Ethics Jab From Appellate Ruling Nixed

    A Texas appeals court on Tuesday refused to revise a recent decision that accused attorneys with Gardere Wynne Sewell LLP and a solo practitioner of violating ethical rules by raising a frivolous argument in a lease dispute involving an oil field saltwater disposal company.

  • April 17, 2014

    GM Ducks Demand For 'Park It Now' Notice On Recalled Cars

    A Texas federal judge on Thursday refused to force General Motors Co. to warn consumers against driving the 2.6 million vehicles recalled for faulty ignition switches, finding that to do so would unwisely usurp the National Highway Transportation Safety Administration’s authority.

  • April 16, 2014

    GM's Bankruptcy Shield Bid Will Test Asset Sale Terms

    In turning to a bankruptcy court for cover from an avalanche of lawsuits over faulty ignition switches, General Motors Co. is setting up a high-profile test of whether post-bankruptcy companies should be allowed to rid themselves of product liability claims through a Chapter 11 asset sale without offering plaintiffs anything in return.

  • April 16, 2014

    BP To Divest Texas Panhandle Gas Field

    BP America Production Co. said Wednesday it was going to sell 280,000 gross acres of gas-producing land in the Texas Panhandle, saying the mature field was better suited for a late-life specialist. 

  • April 16, 2014

    EPA, TCEQ Issue First Joint GHG Permit For Texas Plant

    The U.S. Environmental Protection Agency said Wednesday the greenhouse gas permit issued to Equistar Chemicals is the first ever drafted by the Texas Commission on Environmental Quality, as the agencies work together to transition GHG permitting to the state and clear a backlog of requests.

  • April 16, 2014

    Appeals Court Won't Seal Docs In Judge's Defamation Case

    A Texas appeals court said Wednesday that a state judge waived his request to seal embarrassing records filed in a defamation case he was pursuing against a Dallas attorney and that the public's interest in disclosure of the documents outweighed the judge's right to privacy.

  • April 16, 2014

    RE Rumor Mill: Battery Park City, JEMB, Williams-Sonoma

    A luxury rental building in Battery Park City could sell for $300 million, JEMB Realty has reportedly purchased a large Brooklyn development site for $38.4 million, and Williams-Sonoma signed an 821,502-square-foot lease for its new Dallas-Fort Worth regional distribution center.

  • April 16, 2014

    Fractus, Samsung Strike Deal In $38M Antenna Patent Row

    Fractus SA and Samsung Electronics Co. Ltd. told a Texas federal court Tuesday that they had settled a dispute over patents covering cellphone antenna technology that Fractus claimed Samsung had continued to infringe after being ordered to pay $38 million.

  • April 16, 2014

    5th Circ. Won't Rehear Ruling On DR Horton Class Waiver Ban

    The Fifth Circuit on Wednesday shot down a rehearing request from the National Labor Relation Board in its suit with homebuilder D.R. Horton Inc., preserving the court’s finding that arbitration agreements barring employees from pursuing class or collective claims do not violate federal labor law.

  • April 16, 2014

    High Court Ruling Kills Kimberly-Clark's $6M Tax Refund Bid

    In light of a recent U.S. Supreme Court ruling, a Texas federal judge on Tuesday dismissed a $6 million tax refund suit filed by Kimberly-Clark Corp., which insisted that its employee severance payments aren't taxable wages under federal law.

  • April 16, 2014

    How They Won It: Dykema Shapes Expert Discovery Limits

    Facing unusually invasive deposition requests in a design defect case against their client Ford Motor Co., Dykema Gossett PLLC attorneys recently convinced the Texas Supreme Court to clarify for the first time in decades the limits on a party's ability to investigate expert witness bias.

  • April 16, 2014

    Fish & Richardson Escapes Fraud Suit Over $28M JAMS Award

    A Texas appeals court on Tuesday blocked the revival of a fraud suit against Fish & Richardson PC and a JAMS Inc. arbitrator who had awarded the firm’s client $28 million, holding the Texas Arbitration Act prevented a trial court from hearing a collateral attack on the later-vacated award.

  • April 16, 2014

    GM To Ask Bankruptcy Judge To Bar Defect Claims

    General Motors said Tuesday it will ask a bankruptcy judge to bar plaintiffs in litigation related to the automaker's ignition switch defect debacle from bringing their claims, saying the 2009 sale order that allowed it to exit bankruptcy protects it from such actions.

  • April 16, 2014

    Johnson Controls Pays $1.6B For Air Distribution Technologies

    Johnson Controls Inc. said Wednesday that it will acquire Air Distribution Technologies Inc., one of the largest air distribution and ventilation products providers in North America, from the Canada Pension Plan Investment Board for approximately $1.6 billion, bolstering its position in the buildings market.

  • April 15, 2014

    MBIA's $1B Houston Sports Venue Bond Suit Revived

    A Texas appeals court on Tuesday partially revived a suit MBIA Inc. subsidiaries filed against Harris County for allegedly making improper insurance claims to service $1 billion in construction debt on Houston's sports venues, saying a county entity contractually waived its immunity.

Expert Analysis

  • Employers: Take Care In Crafting Confidentiality Clauses

    Christopher V. Bacon

    Employers are often surprised to learn that policies explicitly prohibiting employees from discussing salaries are in violation of Section 7 of the National Labor Relations Act, as was recently affirmed in Flex Frac Logistics LLC v. NLRB. However, employers are still entitled to take precautions in order to protect their confidential proprietary information and trade secrets from disclosure by their employees, say Christopher Bacon and Ashlee Grant of Vinson & Elkins LLP.

  • Beware 'Jewel' Risks In Lateral Partner Hiring

    Pamela Phillips

    Jewel litigation has been filed after every major law firm bankruptcy in the past 10 years, including Lyon & Lyon, Brobeck, Coudert, Thelen, Heller and Howrey. These lawsuits have produced years of litigation, with similar suits expected in the Dewey bankruptcy. Despite the legal uncertainties surrounding such claims, hiring firms can take steps now to minimize their Jewel risk for any lateral hire, say attorneys with Arnold & Porter LLP.

  • A Quick Guide To East Texas' Fast Track For Patent Cases

    Lionel Lavenue

    Some of the early commentary on the Eastern District of Texas' new alternative case management procedure for patent cases focused on how it might be “bad news” for some nonpracticing entities taking that approach. A deeper dive, however, reveals that, while Track B might benefit parties accused of infringing a patent in some situations, in others, it might even benefit parties asserting their patents, say attorneys with Finnegan Henderson Farabow Garrett & Dunner LLP.

  • The Lessons And Limitations Of Chadbourne V. Troice

    Fred Isquith

    The U.S. Supreme Court's ruling in Chadbourne & Parke LLP v. Troice is unlikely to have a sweeping effect on securities or class action litigation. However, professions engaged in assisting clients obtain financing will likely change their internal controls to avoid potential problems in the future — we may even see law and accounting firms called into court to justify their actions, says Fred Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.

  • Trending: State High Court Accord On 'Faulty Workmanship'

    Carl Salisbury

    In Arlo Guthrie's classic Thanksgiving ballad, he says that if 50 people a day were to walk into a military psychiatrist's office, sing a bar of "Alice's Restaurant" and then walk out, "then friends, they may think it's a movement. And that's what it is." Strange as it may seem, something akin to the Alice's Restaurant movement is happening in state supreme courts across the country — most recently with the Alabama Supreme Court decision in Owner's Insurance Co. v. Jim Carr Homebuilders LLC, says Carl Salisbury of Kilpatrick Townsend & Stockton LLP.

  • Surplus Lines Insurance In Texas: A Dark Horse

    Brad E. Brewer

    Surplus lines coverage is a necessary part of the Texas insurance market, but it is among the least understood sectors of the property and casualty industry. Among other things, surplus lines carriers have more freedom to write policies using nonstandard language, which allows coverage to be better tailored, but which also means that such policies may include language that has never before been interpreted by a court, say Brad Brewer and Jennifer Gibbs of Zelle Hofmann Voelbel & Mason LLP.

  • What's Next For EPA Post-Sackett?

    Jennifer Sulla

    The U.S. Environmental Protection Agency and federal courts are still grappling with the aftermath of the U.S. Supreme Court’s decision in Sackett v. EPA. Neither agency guidance nor the court's ruling addresses whether jurisdictional determinations are final agency actions subject to judicial review, and it remains to be seen whether courts will read Sackett narrowly or broadly, says Jennifer Sulla of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Plaintiff Firm Played Major Role In Kosmos Class Denial

    Kevin M. LaCroix

    What makes a recent denial of a motion for class certification in an investor suit against Kosmos Energy interesting is that the lead plaintiff’s law firm’s portfolio monitoring services and its role in the case were a substantial factor in the conclusion that the plaintiff had not satisfied the adequacy requirement, says Kevin LaCroix of RT ProExec.

  • Elections, Political Law And The Financial Services Sector

    Jason Abel

    Private equity firms, hedge funds and other asset management companies run up against political law regimes on a daily basis, and recent changes in campaign finance law provide uncertainty as to what can and cannot be done. Remember, even a conversation over dinner could trigger a lobbying regime, says Jason Abel, of counsel at Steptoe & Johnson LLP and former chief counsel for the U.S. Senate Committee on Rules and Administration.

  • Take Note, Texas, Letters Of Intent May Need A Rewrite

    James L. Rice III

    The stark lesson of a recent jury verdict involving a scuttled joint pipeline project is that parties contemplating a transaction that entails any kind of continuing relationship, such as one written into a nonbinding letter of intent, must be aware that — notwithstanding the written expression of their mutual intent to the contrary — they may be deemed to have formed a partnership under applicable Texas law, say attorneys at Sidley Austin LLP.