The IRS on Friday told a Texas bankruptcy court judge that an argument by business tycoon Sam Wyly and his sister-in-law that it’s too late for the agency to raise new legal theories in a $2.2 billion dispute over alleged tax evasion schemes is misleading.
The states of Texas, Louisiana and Mississippi asked a Texas federal judge on Friday for a preliminary injunction to block enforcement of the U.S. Environmental Protection Agency’s controversial Clean Water Rule, citing a likelihood to succeed on the merits and concern that a nationwide stay could soon be dissolved.
A handful of government attorney and municipal groups voiced support for the city of Houston this week and filed briefs urging the U.S. Supreme Court to review a police officer's retaliation case they claim could have broad and unintended consequences on longstanding internal review processes, leaving them vulnerable to litigation.
The ethics investigation into advice that Texas Attorney General Ken Paxton issued after the U.S. Supreme Court's landmark gay marriage ruling raises never-before-seen applications of Texas disciplinary rules that could make it difficult for a sanction to stick, experts said.
A Texas-based private investment company has accused med-tech giant Smith & Nephew Inc. of wrongly withholding $26.7 million from a $782 million asset-purchase escrow account in a contract breach dispute now before Delaware’s Chancery Court.
Apotex Inc. and rival Lupin Ltd. have settled their patent infringement suit over the antidepressant drug Paxil pursuant to undisclosed terms, according to a Texas federal judge who dismissed the suit Friday.
The Texas Department of Transportation is shielded from a suit brought against it by a motorist who was injured when he crashed into a guardrail on a state highway because of its sovereign immunity, the state's Eleventh Court of Appeals found Thursday in dismissing the claims against it.
With cratering oil prices wreaking havoc on energy companies' financial health, increased scrutiny from both the U.S. Securities and Exchange Commission and potentially litigious investors is turning up the heat on firms to ensure they're adequately disclosing how much danger they're actually in, attorneys say.
A hospice care provider asked a Texas federal court Thursday to order a whistleblower to release an alleged agreement to share any money awarded in the case with two witnesses, saying the deal would be relevant to the dispute and should be shared amid the discovery phase of the False Claims Act dispute.
"All in a day's work" took on a new meaning for Susman Godfrey LLP co-managing partner Neal Manne when he served up not one, but two pro bono victories in one day, the first on behalf of a humanitarian organization working to place Syrian refugees in the U.S. and another for a client who was exonerated after spending more than 18 years on death row.
A real estate company claiming it was “ambushed” at trial by its bookkeeper’s allegations that the firm's president told her to take company money in exchange for sexual favors lost an appeal Thursday when a Texas court held she had properly disclosed her defense to embezzlement claims and wasn't liable for taking the funds.
Texas Attorney General Ken Paxton is under investigation by the state bar association for telling county clerks they could decline to issue marriage licenses to same-sex couples on religious grounds following the U.S. Supreme Court's decision last year legalizing gay marriage, attorneys who filed the grievance told Law360.
A split Texas appeals court on Thursday affirmed a lower court’s decision favoring Tesoro Petroleum Corp. in a name infringement suit brought by a commercial sign vendor called Tesoro Corp., holding that the petitioner failed to show irreparable injury.
The IRS told a Texas bankruptcy court on Wednesday that business tycoon Sam Wyly and his late brother’s widow can’t escape fraud allegations in a $2.2 billion dispute over alleged tax evasion schemes because the pair had direct knowledge of the conduct at issue.
Dallas-based MoneyGram Payment Systems Inc. has agreed to pay $13 million to settle claims from 49 states and Washington, D.C., that it transferred money to third parties that were defrauding customers, several attorneys general offices announced on Thursday.
After two years of litigation, the family of a construction worker who was killed on the job during the expansion and renovation of Texas A&M University's Kyle Field was awarded nearly $54 million by a Harris County jury on Wednesday.
First Reserve Corp., an energy-focused private equity and infrastructure investment firm, announced on Thursday that it has purchased the $350 million Mariah North Wind project in northern Texas from Mariah Acquisition LLC for undisclosed terms.
Consumer advocates, utilities and customers of TransCanada Corp.'s U.S. natural gas pipeline arm urged the Federal Energy Regulatory Commission on Wednesday to halt a proposed increase in gas transportation rates, claiming the company is seeking an unreasonable, multimillion-dollar windfall after not raising rates for 20 years.
A Texas appellate court on Wednesday said a Dallas attorney didn’t have to also be a licensed real estate broker to collect a $100,000 consulting fee for helping select a site for the movie theater chain Studio Movie Grill, saying his Texas law license was enough.
Seneca Insurance Co. urged the Fifth Circuit on Wednesday to affirm that a policy it issued to a drilling contractor doesn’t cover $12 million that Solstice Oil & Gas I LLC wants for the contractor’s failure to drill accurately, claiming that an unusable, zig-zagged well doesn’t qualify as “property damage.”
While the removal of the familiar “reasonably calculated to lead to the discovery of admissible evidence” standard suggests a departure from prior practice, the first opinions from the federal courts implementing amended Federal Rule of Civil Procedure 26(b)(1) suggest otherwise, says Gregory Brown of Kaufman Dolowich & Voluck LLP.
While some office romances end unremarkably, others could form the basis for sexual harassment lawsuits with the potential to cost employers millions of dollars. With Valentine's Day approaching, there's no better time of year for employers to be proactive about mitigating the potential liability, disruption or embarrassment that can arise from sexual harassment claims, say attorneys at Nixon Peabody LLP.
Analyzing the reasons why clients choose certain firms reveals a great deal about what is important and valued in the marketplace. Based on interviews with a random sample of over 600 heads of legal in the largest U.S. organizations, Elizabeth Duffy, vice president of Acritas US Inc., identifies the core brand drivers of Skadden Arps Slate Meagher & Flom LLP.
In a recent Law360 article it was suggested that promotion to partner was a competition between associates and that taking maternity, paternity or family medical leave could impact an associate's chances at promotion. But this sort of ethos — which may have contributed to law firms’ success in the past — is not the best way to secure the industry's future, says Daniel Butcher, managing partner of Strasburger & Price LLP.
Last week, a Texas federal court denied the Elite Rodeo Association’s preliminary injunction motion to block the enforcement of the Professional Rodeo Cowboys Association's bylaws, and also denied the PRCA’s motion to dismiss on the ERA’s Section 2 claim. In reaching that conclusion, the court had to address and distinguish a host of arguably applicable sports antitrust cases, say Bruce Sokler and Farrah Short of Mintz Levin Cohn F... (continued)
Evanston Insurance v. Gene By Gene Ltd. in Texas district court addresses a new twist on an insurer's Telephone Consumer Protection Act exclusion, in effect limiting it to underlying marketing claims involving junk faxes or spam email. Some might herald this decision as a judicial scaling back of the exclusion, but such proclamations would be premature, says Joshua Mooney at White and Williams LLP.
Although self-driven cars are a very new development, many different companies, like Google, Tesla and Nissan are scrambling to develop a foothold in this arena. Self-driving cars have already raised a host of legal issues, and states are already introducing new legislation to try and keep up with the fast pace of progress, says Kimberly Wald at Kelley Uustal PLC.
The rules for testing the legality of restrictive covenants vary greatly among states, and recent decisions from several courts illustrate the point, both with respect to the framework for considering such covenants, and specifically regarding the reformation of overbroad covenants. As a result, employers should be wary of boilerplate contract language that has been successful in the past, say attorneys at Williams & Connolly LLP.
Despite the relatively low success rate for venue transfer motions in the Fifth Circuit, where plausible, it generally appears worth the effort to pursue transfer, say attorneys with Orrick Herrington & Sutcliffe LLP.
Although Congress has not changed the patent laws recently, things are definitely changing in the Eastern District of Texas, with movement in Section 101 challenges and attorneys' fees, and on stays pending validity challenges at the Patent Trial and Appeal Board, say attorneys with Finnegan Henderson Farabow Garrett & Dunner LLP.