Texas

  • July 28, 2014

    Locke Lord Adds Former Dentons Energy Partner In Dallas

    Locke Lord LLP has bolstered its energy and corporate practices in Dallas and Houston, picking up a former Dentons partner who specializes in mergers and acquisitions, development projects and financing for energy companies, the firm announced Monday.

  • July 28, 2014

    Jones Morris Sued For $6M Over Bungled Wrongful Death Case

    Jones Morris Klevenhagen LLP has been slapped with a $6 million malpractice suit in Texas state court, which accuses the law firm of bungling a wrongful death suit against a Houston hospital and several medical providers, causing the litigation to be dismissed.

  • July 28, 2014

    Vascular Solutions Settles Ex-Sales Rep's FCA Suit

    Vascular Solutions Inc. will pay $520,000 to resolve a whistleblower's False Claims Act suit accusing the company of inducing physicians to bill federal health programs like Medicare for an unapproved treatment of varicose veins, the U.S. Department of Justice said Monday.

  • July 28, 2014

    Schlumberger's Ex-GC Seeks Dismissal Of Trade Secrets Suit

    Schlumberger Ltd.'s former general counsel for intellectual property asked a Texas judge on Monday to throw out a lawsuit her former employer filed against her, saying the oilfield services giant has no proof she stole trade secrets before going to work for patent holding company Acacia Research Group.

  • July 28, 2014

    Texas Lawmaker Appeals To Dodge Deposition In $26M Suit

    A Texas lawmaker has asked a state appeals court to reverse a judge’s decision allowing the Mostyn Law Firm to take his deposition in a $26 million lawsuit that accuses the state’s windstorm insurer of improperly denying a school district’s hurricane damage claims.

  • July 28, 2014

    Nixed $750M BP Dividend Suit To Be Appealed To 5th Circ.

    A plaintiff in a putative class action dismissed last month accusing BP PLC of failing to pay a promised $750 million in dividends to shareholders shortly after the 2010 Deepwater Horizon spill is appealing the decision to the Fifth Circuit.

  • July 28, 2014

    EPA Should Update Fracking Pollution Regs, GAO Says

    A U.S. Environmental Protection Agency program that prevents pollutants associated with hydraulic fracturing from contaminating groundwater in eight states, including California, Pennsylvania and Texas, is outdated and lacks sufficient muscle, according to a report released by a government watchdog on Monday.

  • July 28, 2014

    Rail Logistics Firm Accused Of Cooking Books In $18M Deal

    A subsidiary of Continental Intermodal Group on Saturday sued a railroad logistics provider that works in South Texas oilfields in state court, alleging it uncovered fraudulent invoices designed to falsely inflate the value of the company, which Continental bought for $18 million in May.

  • July 25, 2014

    Fired Ad Designer Says Agency Mocked His Religion

    A former art director for Dallas-based marketing agency Moroch Partners LP on Friday sued the company for allegedly discriminating against his religious beliefs when his co-workers created a satirical website that features images of Jesus in “offensive, blasphemous and secular situations.”

  • July 25, 2014

    Texas AG Candidate Faces Complaint Over Securities Work

    A Texas watchdog group has asked Austin’s district attorney to launch a formal criminal investigation into the Republican candidate for state attorney general after he admitted signing up clients for an investment firm without registering with the state, the group announced Friday.

  • July 25, 2014

    Texas Appeals Court Reverses Fee Award In Attorneys' Row

    A Texas appeals court on Thursday reversed a trial court's judgment that an attorney breached his contract with another attorney in a separate lawsuit and remanded the case for further proceedings, finding the court erred in its submission of one of the jury questions.

  • July 25, 2014

    Texas Court Kicks Deepwater Investor Suit To Switzerland

    A shareholder trying to sue the directors of Transocean Ltd. in a derivative suit in Texas over their alleged mishandling of the Deepwater Horizon explosion and its aftermath will have to take her case to Switzerland if she wants to continue, a Texas appeals court ruled on Thursday.

  • July 25, 2014

    5th Circ. Says Orders To Clarify Arbitration Awards Aren't Final

    The Fifth Circuit on Friday said a district court decision to send a case back to an arbitration panel for further clarification was not a final order that could be appealed, rejecting a Nuance Communications Inc. bid to enforce an arbitration award of zero dollars to investors challenging a $45 million merger.

  • July 25, 2014

    Dallas Leader Pleads Not Guilty To Bribery, Fraud Charges

    Dallas County Commissioner John Wiley Price pled not guilty Friday to federal charges that he used his office and political power to obtain more than $1 million in bribes, evaded taxes on the allegedly illicit income, and helped businesses that were paying him get valuable contracts.

  • July 25, 2014

    Dealmakers Q&A: Greenberg Traurig’s Darrell Windham

    The merger and acquisition and public capital markets are very active and hot right now. Price-earnings multiples and debt leverage ratios are very high and continue to climb. It is a very good time to sell a profitable and growing business, says Darrell Windham of Greenberg Traurig LLP.

  • July 24, 2014

    BNP Paribas Reaches $80M Deal In Federal Credit FCA Suit

    BNP Paribas SA and two affiliates have agreed to pay $80 million to settle the federal government’s False Claims Act suit over a scheme to fraudulently obtain government financing for international shipments under a U.S. Department of Agriculture credit program, according a Texas federal court order filed Thursday.

  • July 24, 2014

    Andrews Kurth Atty Who Repped Allen Stanford To Leave Firm

    An Andrews Kurth LLP partner and former U.S. Securities and Exchange Commission investigator who represented Ponzi schemer R. Allen Stanford will leave the firm, which says his departure is unrelated to its settlement last month of a $51 million malpractice suit involving the partner.

  • July 24, 2014

    Texas Court OKs Sempra Energy Ex-Exec's Back Pay Award

    A Texas appeals court on Thursday affirmed a judgment that requires Sempra Energy Trading LLC to pay its former managing director back salary, severance and additional bonuses he was promised orally by the company’s former CEO but never got in writing.

  • July 24, 2014

    Olymbec Group Picks Up Dallas Skyscraper From Berkeley

    Canada-based Olymbec Group bought a 49-story office tower in downtown Dallas from Berkeley Investments Inc. that’s home to Akin Gump Strauss Hauer & Feld LLP, Neiman Marcus and a unit of Southcross Energy Partners, broker CBRE announced Thursday.

  • July 24, 2014

    Forest Oil Can't Shake $24.5M Radioactive Waste Judgment

    A Texas appeals court on Thursday refused to throw out a $24.5 million judgment against Forest Oil Corp. over the contamination of a contracted landowner’s property with radioactive material and other waste, finding it is not clear that a member of the arbitration panel that issued the award was biased.

Expert Analysis

  • 5th Circ. May Have Created New Rule On Policy Exhaustion

    Stephen P. Pate

    The Fifth Circuit's ruling in Indemnity Ins. Co. of N. Am. v. W&T Offshore Inc. is important because many believed it was implied in umbrella/excess policies that only damages covered by them would count against their retained limit — now carriers wishing to restrict damages against such limits must expressly state so in policies, says Stephen Pate of Norton Rose Fulbright.

  • Your State Contract May Prohibit Offshore Outsourcing

    Merle DeLancey

    A recent report from the U.S. Department of Health and Human Services Office of the Inspector General resurfaced the issue of offshoring restrictions in the context of Medicaid contracts. This easily overlooked issue has been percolating to the top of the list for government agencies, state attorneys general and, perhaps, qui tam plaintiffs’ attorneys, say attorneys with Dickstein Shapiro LLP.

  • Code Trumps Contract In The 5th Circ.

    Debra McElligott

    The Fifth Circuit opinion in Goldsby v. 804 Congress suggests that even where parties agree upon foreclosure-related fees, costs and charges before a bankruptcy, Section 506(b) of the Bankruptcy Code may still trump the provisions of their contract, says Debra McElligott of Weil Gotshal & Manges LLP.

  • Costs And Benefits Of Opting Out Of Texas' Workers' Comp

    Janet A. Hendrick

    Because Texas' workers' compensation is a "no fault" program, employees of subscribers are rarely allowed to sue their employer for damages in connection with work-related injuries, however employees of nonsubscribing employees may bring negligence and related claims as a result of on-the-job injuries, says Janet Hendrick of Fisher & Phillips LLP.

  • Lines Drawn In Tesla Direct Sales Battle

    Robert A. Zinn

    Given Tesla’s current tiny share of the U.S. auto market, the debate over Tesla’s direct sales to consumers may seem like much ado about nothing. But the direct sales model is also being studied by both new Chinese automakers and mainstream U.S. and global manufacturers as they plan their future U.S. marketing strategies, says Robert Zinn of Carlton Fields Jorden Burt LLP.

  • An Inventive Way To Remove Pure State Court Claims

    Michael E. Blumenfeld

    Nondiverse state court defendants facing purely state law claims that seek to secure federal jurisdiction should determine whether a good faith basis exists to pursue a third-party action against a federal actor in order to trigger the representative U.S. Attorney’s certification and remove such claims under the Westfall Act, say Michael Blumenfeld and Jonathan Singer of Miles & Stockbridge PC.

  • Texas High Court Provides Certainty Over O&G Operations

    Stephanie E. Kinzel-Tapper

    The Texas Supreme Court's recent ruling in Marcia Fuller French v. Occidental Permian Ltd. upheld the settled expectations of parties to oil and gas leases and confirmed they apply even with respect to enhanced recovery operations — welcome news to lessors with such operations, say Stephanie Kinzel-Tapper and Carter Williams of Sutherland Asbill & Brennan LLP.

  • Texas District Court Finds Out 'What The Hail Is Going On'

    Brett A. Wallingford

    Judge Jane Boyle of the Northern District of Texas in Hamilton Properties v. American Insurance Co. addressed issues common in hundreds — if not thousands — of pending Texas hail damage lawsuits, and took strong action in response to such suits, says Brett Wallingford of Zelle Hofmann Voelbel & Mason LLP.

  • Minimum Wage Mania Among Cities And States

    James S. McNeill

    The trend of indexing minimum wage increases to the Consumer Price Index will have significant, long-term implications for states and municipalities, telling us two things: minimum wage rates will likely continue to rise annually and will bring with them an increase in potential wage liability exposure for employers, say James McNeill and Peter Stockburger of McKenna Long & Aldridge LLP.

  • OPINION: Let's Financially Reward Law Firm Diversity

    Patricia K. Gillette

    It only took the threat of a 10 cent cost increase to make people bring their own bags to Bay Area grocery stores. What if we gave partners an extra $10,000 for increasing diversity in their firms? asks Orrick Herrington & Sutcliffe LLP partner Patricia Gillette.