Texas

  • October 29, 2014

    Akin Gump Bankruptcy Atty Decamps To Rejoin Gardere

    An Akin Gump Strauss Hauer & Feld LLP bankruptcy attorney left the firm to become a partner at Gardere Wynne Sewell LLP, where he had started his legal career as an associate, the firm announced Wednesday.

  • October 29, 2014

    Attys Flubbed Trial Against Doctors' Group, Ex-Client Claims

    A former client of Houston's Pendergraft & Simon LLP has sued two of the firm's lawyers for $3 million in a case that accuses the lawyers of a laundry list of alleged flubs in a dispute between a doctors' group and its former president and improperly advised the group to pursue Chapter 11 bankruptcy.

  • October 29, 2014

    Wyly Bankruptcy Atty Says Case Proceeding 'By The Book'

    Counsel representing Sam Wyly in his bankruptcy told a New York federal judge in a letter made public Wednesday that the Texas tycoon hasn’t been liquidating assets unbeknownst to them, firing back against the U.S. Securities and Exchange Commission’s bid for an extended asset freeze that would apply to Wyly’s family members and third parties.

  • October 29, 2014

    Judge Orders Trinity To Mediate After $175M Guardrail Verdict

    A Texas federal judge on Tuesday ordered Trinity Highway Products LLC to mediate its dispute over its ET-Plus guardrail system after a jury found that it had defrauded the U.S. government out of $175 million by selling dangerous guardrails to the U.S. Federal Highway Administration.

  • October 29, 2014

    5th Circ. Favors Homeowners In Defect Exclusion Fight

    The Fifth Circuit handed a win to two homeowners on Wednesday by revisiting an earlier ruling that Mid-Continent Casualty Co. correctly applied a contractual liability exclusion, after the homeowners argued that the earlier ruling conflicts with a Texas Supreme Court decision that narrowed the exclusion's scope.

  • October 29, 2014

    Superior Crude To Pay $1.6M To Settle Oil Spill Claims

    Superior Crude Gathering Inc. has agreed to pay a $1.61 million civil penalty to end allegations that a crude oil spill at its Texas storage facility violated the Clean Water Act, the U.S. Department of Justice and the U.S. Environmental Protection Agency announced Wednesday.

  • October 29, 2014

    Texas Court Rejects Bid To Bar Anadarko Wells In Eagle Ford

    A Texas appeals court on Wednesday rejected Lightning Oil Co.’s argument it would suffer irreparable harm if an Anadarko Petroleum Corp. unit were allowed to drill horizontally through its Eagle Ford Shale mineral estate to reach Anadarko-owned oil and gas underlying adjacent property.

  • October 29, 2014

    Insurer Owed Shamoun Defense In Fee Dispute: Texas Judge

    A Texas federal judge ruled Tuesday that Ironshore Indemnity Inc. breached its professional liability policy with Shamoun & Norman LLP when it refused to provide the firm with a defense in a dispute with a former client.

  • October 29, 2014

    American Energy Drops $726M On Texas Acreage

    Private equity-backed American Energy Partners LP has increased its presence in Permian Basin of west Texas, saying Tuesday that it’s spent $726 million in a series of deals over the past three months to acquire thousands of acres of leased land and oil production in the oil-rich region.

  • October 29, 2014

    KKR, Anadarko Team Up To Drill In Southeast Texas

    KKR & Co. LP will team up with Anadarko Petroleum Corp. to jointly develop land in southeastern Texas’ Eaglebine Shale, with Anadarko’s stake valued at more than $1.1 billion and KKR putting up $442 million for development in exchange for acreage and a stake in several wells, Anadarko said Tuesday.

  • October 29, 2014

    McGuireWoods Adds Ex-Norton Rose Restructuring Atty

    McGuireWoods LLP said Tuesday that it has strengthened its restructuring and insolvency practice group in its Dallas office with the addition of a former Norton Rose Fulbright attorney who has experience in commercial litigation, real estate, private equity, telecommunications and energy.

  • October 29, 2014

    Anadarko's Western Gas Pays $1.5B For Nuevo Midstream

    Anadarko Petroleum Corp. subsidiary Western Gas Partners LP will buy private-equity backed Nuevo Midstream LLC for $1.5 billion, bolstering development potential in the fertile Delaware Basin where its parent is producing energy.

  • October 28, 2014

    Texas Appellate Judge Accused Of Retaliation By Staff Atty

    The chief judge for a Texas appellate court has been sued for alleged retaliation by a staff attorney who claims the chief intervened to block him from working for another judge on the court after the attorney sent a letter raising concerns about the judge’s potential financial impropriety.

  • October 28, 2014

    Texas Court Keeps Filipino Human Trafficking Suit Alive

    A Texas appeals court on Tuesday denied rehearing of a ruling that allows a group of 57 Filipino workers to pursue human trafficking claims against International Paper Services LLC in a suit saying the company brought them to the U.S. on false pretenses and blocked them from getting other jobs.

  • October 28, 2014

    5th Circ. Won't Rehear Texas Online Horse Betting Ban

    The Fifth Circuit on Monday refused to rehear en banc its decision upholding Texas’ ban on online horse race betting, one month after rejecting a challenge from the Kentucky Derby’s parent company seeking business for its online betting website.

  • October 28, 2014

    Allied Asks 5th Circ. To Overturn HUD Suspension

    Allied Home Mortgage Corp. and its president and CEO Jim Hodge urged the Fifth Circuit on Monday to overturn a Texas court's approval of the U.S. Department of Housing and Urban Development's suspension of its operations, arguing it was contrary to law as well as arbitrary and capricious.

  • October 28, 2014

    EPA’s ‘Collusive’ SO2 Deal With Enviros Illegal, States Argue

    Texas, North Carolina and several other states urged a California federal judge Tuesday to reject a proposed accord requiring the U.S. Environmental Protection Agency to meet new extended deadlines on identifying sulfur dioxide violations, saying the deal with environmental groups is collusive and violates the Clean Air Act.

  • October 28, 2014

    Dow Urges 5th Circ. To Rehear $1B Tax Shelter Case

    Dow Chemical Co. urged the Fifth Circuit on Monday to reconsider its decision that it had engaged in sham investment partnerships generating about $1 billion in bogus tax breaks, arguing that the decision disrupted settled federal tax law.

  • October 28, 2014

    Jury Hits Health Care Co. With $500K Verdict In Bias Suit

    A Texas federal jury has awarded about $500,000 to three former employees of medical services provider EmCare Inc. who were subjected to sexual harassment and fired in retaliation for reporting the behavior, the U.S. Equal Employment Opportunity Commission announced Monday.

  • October 28, 2014

    Texas Adopts Rules Aimed At Curbing Earthquakes

    The Texas Railroad Commission on Tuesday unanimously adopted rules for drilling injection wells aimed at curbing possible earthquakes, giving the agency the power to shut down wells determined to be contributing to seismic activity and to require drillers to submit detailed logs.

Expert Analysis

  • DOL Crackdown On Texas Employers May Come In 2015

    J. David Giddens

    Texas employers, particularly those in energy and hospitality, may be under increased scrutiny in 2015 from the U.S. Department of Labor’s Wage and Hour Division after it received an 18 percent budget increase and 2,000 additional staffers to crack down on worker retaliation in the Southwest, says David Giddens of Fisher & Phillips LLP.

  • The Legal Professions’ Curious Under-Use Of 2nd Opinions

    Judge Wayne D. Brazil

    As conscientious professionals who are required to address problems with notoriously elusive dimensions, lawyers should consider securing second opinions in a much wider array of circumstances than has been the norm, says Judge Wayne Brazil, a neutrual with JAMS and former magistrate judge in the U.S. District Court for the Northern District of California.

  • A Possible Game-Changer For 'Silent' Arbitration Clauses

    Brian Berkley

    Notwithstanding its arguably questionable precedential support, the Third Circuit’s decision in Opalinski v. Robert Half Inc. is not surprising. It continues arbitration law’s march toward a likely end, by any path, for class action liability for companies and other business entities, say Brian Berkley and Matthew Adler of Pepper Hamilton LLP.

  • Testing Texas CGL Coverage For 3rd-Party Products

    Kristin C. Cummings

    In U.S. Metals Incorporated v. Liberty Mutual Group Inc., perhaps the most significant issue to be decided by the Texas Supreme Court is whether the incorporation of a defective product into other property constitutes “physical injury” to other component parts of the property, says Kristin Cummings of Zelle Hofmann Voelbel & Mason LLP.

  • New Jurisdictional Issues When Moving To Quash A Subpoena

    Steven Luxton

    The Nevada federal court's recent ruling in Agincourt Gaming LLC v. Zynga Inc. is an important reminder that a nonparty wanting to challenge a civil subpoena should consider carefully the appropriate jurisdiction in which to file a motion to quash under recently enacted Rule 45, say Steven Luxton and Brad Nes of Morgan Lewis & Bockius LLP.

  • Texas Clears Path For Property Damage Calculations

    Bryan D. Rohm

    In Wheeler v. Enbridge Pipelines, the Texas Supreme Court provided guidance to midstream companies on the proper calculation of damages to real property stemming from the breach of a pipeline right-of-way agreement — a decision that has implications well beyond the oil and gas industry, say attorneys with K&L Gates LLP.

  • We Need A Specialized Patent Trial Court

    William Watkins

    The U.S. is the only country in the world where standard juries are used in patent cases. With patent trolls imposing huge costs on the economy and crippling our power to innovate, Americans should be willing to consider major changes in how we decide patent cases, says William Watkins, a research fellow at The Independent Institute.

  • The Truth About Patent Damage Awards

    Brian Howard

    Although many may associate patent litigation with a proliferation of stratospheric jury verdicts, these preconceptions are most often wrong. Few patent cases go to trial, and fewer result in any damages, let alone the kind that make headlines. Let's look at the numbers, says Brian Howard, co-author of the Lex Machina Patent Litigation Damages Report.

  • OPINION: Don't Mess With... Arizona?

    Michael Li

    Fifty years ago, Justice Felix Frankfurter cautioned courts about getting mired in the “political thicket” of redistricting. In agreeing to hear Arizona State Legislature v. Arizona Independent Redistricting Commission, the U.S. Supreme Court could be about to take a big step further into that thicket, says Michael Li, counsel at the Brennan Center for Justice, NYU School of Law.

  • Tug-Of-War: Attorney-Client Privilege Vs. Deposition

    There is an inherent tension between the process of preparing a corporate representative to testify and the protections usually afforded by attorney-client privilege. Judicial decisions addressing these tensions are limited and, as of yet, the Federal Circuit Courts of Appeals do not appear to have weighed in on these issues in any meaningful way, say Vanessa Miller and Nicholas Ellis of Foley & Lardner LLP.