• August 26, 2016

    Ex-Dallas Stars Pro Sues NHL For Denied Disability Benefits

    Former Dallas Stars hockey player Aaron Rome has sued the National Hockey League and his insurance provider alleging they intentionally mishandled his disability claim and wrongfully denied him benefits after he sustained a career-ending injury, according to a suit that was removed to Texas federal court Friday.

  • August 26, 2016

    Texas Housing Credit Policy Upheld After High Court Remand

    A Texas federal judge dismissed a nonprofit’s Fair Housing Act lawsuit against the state housing agency Friday, saying the complaint can’t identify a specific practice governing the allocation of tax credits for low-income housing that creates a racially disparate impact.

  • August 26, 2016

    SEC, IRS Say Wyly Ch. 11 Plan Flawed By Isle Of Man Trusts

    The IRS on Friday objected to a Chapter 11 plan proposed in Texas bankruptcy court by the widow of business tycoon Charles Wyly, echoing concerns raised by the U.S. Securities and Exchange Commission that there’s no way to ensure Wyly assets held in Isle of Man trusts would be transferred to fund the plan.

  • August 26, 2016

    Gilstrap Kills 2 Intellectual Ventures Patents Under Alice

    Judge Rodney Gilstrap of the Eastern District of Texas has invalidated two retail patents that Intellectual Ventures accused J. Crew of infringing, saying they claim only abstract ideas under the U.S. Supreme Court’s Alice decision, but he decided not to invalidate a third patent.

  • August 26, 2016

    Texas Group Wants Out-Of-State Booze Sellers Dried Up

    A Texas trade group representing alcohol retailers has asked the U.S. Supreme Court to resurrect a long-dormant state law requiring a year of state residency before landing an alcohol sales permit, saying a recent Fifth Circuit decision is at odds with rulings from other circuits.

  • August 26, 2016

    Ex-Employees Look To Revive Wal-Mart Sex Bias Claims

    Nine women seeking to intervene in a sex discrimination suit against Wal-Mart urged the Fifth Circuit on Thursday to reject the retail giant's arguments that their claims have been brought too late, saying there's precedent to do so because Wal-Mart settled with the former named plaintiffs.

  • August 26, 2016

    Oil Magnate Kicks Off Arbitration Over Pricey Rig

    An energy company run by oil magnate Jack Grynberg has asked arbitrators to sanction its British partner in a Cameroon drilling venture for allegedly hiring an unqualified contractor and spending too much to lease a brand-new drilling rig, according to a statement Friday.

  • August 26, 2016

    Texas Beer Makers Upend Ban On Selling Distribution Rights

    Texas can’t enforce a state law barring beer, ale and malt liquor producers from selling regional distribution rights for their products after a Texas state judge on Thursday found the regulation unconstitutional and invalid.

  • August 26, 2016

    Texas Taco Joint Fined $33K For Not Verifying Workers

    An administrative law judge with the Office of the Chief Administrative Hearing Officer has fined a Texas taco restaurant $33,380 for not filing employment eligibility forms for its workers, after an ex-employee alerted immigration authorities about the restaurant’s employment practices.

  • August 26, 2016

    Texas Oil Field Operator Beats Suit Over Cratered Value

    A Texas federal judge on Thursday tossed a class action by an investor in Harvest Natural Resources Inc. claiming the company misled investors about its financial health to keep its stock afloat, chalking up the oil field operator’s alleged deception to simple human error rather than a conspiracy to defraud shareholders.

  • August 26, 2016

    Bridgetex Pipeline Says Stampede Energy Owes It $279M

    BridgeTex Pipeline Company LLC filed a lawsuit in state district court in Houston Thursday against a former business partner, Stampede Energy LLC, telling the court that Stampede breached the terms of an agreement to provide crude oil to BridgeTex and now owes it $279 million.

  • August 26, 2016

    EFH Gets Green Light For First Phase Of Ch. 11 Exit

    The Delaware bankruptcy judge presiding over Energy Future Holdings Corp.’s bankruptcy gave his OK on Friday to the first phase of the power giant’s Chapter 11 exit, allowing the company to spin off its major operating unit in what is hoped will be a mostly tax-free transaction.

  • August 26, 2016

    Texas' C&J Energy Sues Ex-VP Who Left For Competitor

    C&J Energy Services Ltd. on Thursday filed a lawsuit in Houston against its former senior vice president and general manager, telling the court it needed immediate intervention to prevent the former employee from divulging its trade secrets to his new employer — a direct competitor where he now holds a similar leadership position.

  • August 25, 2016

    Effort To Shrink Immigration Block Faces Steep Battle

    A new suit in New York federal court hoping to narrow the scope of the block against President Barack Obama’s immigration actions is being called “novel” and “creative” by experts, but they say the case may face a tough road ahead since federal judges don’t often buck each other’s injunctions.

  • August 25, 2016

    Texas Attys To Keep Right To Vote On Disciplinary Changes

    Texas lawyers would retain their right to vote on proposed changes to state disciplinary rules under a plan approved this week by a state legislative committee, but the much-criticized rule-making process leading up to attorney voting would be modified.

  • August 25, 2016

    Apple Says VirnetX Can't Raise Willfulness In Patent Saga Now

    VirnetX Inc. cannot claim in a retrial that Apple Inc. willfully infringed patents for FaceTime and other technology, after the patent-holding company specifically disavowed that allegation in earlier court filings, Apple told a Texas federal judge on Wednesday.

  • August 25, 2016

    Coverage Denial Bid Off And Running In Texas Track Dispute

    A Texas federal court found Thursday that Cincinnati Specialty Underwriters Insurance Co. can move forward with its claim it has no duty to indemnify or defend a subcontractor facing suit for mismarking a high school running track.

  • August 25, 2016

    BALCA Denies Teacher Labor Cert. Over Job Posting Flub

    The Board of Alien Labor Certification Appeals has affirmed the denial of a labor certification for an elementary school teacher position with a Texas school district, finding that the employer did not properly post the job.

  • August 25, 2016

    Texas Drilling Pay Suit's Arbitrability Out Of Court's Hands

    A Texas federal judge on Thursday said an arbitrator — not the courts — should decide whether a drilling worker’s claims he and others were wrongly not paid overtime compensation can be heard as a collective action or if their claims must go forward individually.

  • August 25, 2016

    GM Cleared By Jury In Texas Ignition Switch Trial

    A jury in Houston on Thursday afternoon found it was not a defect in GM's ignition switch that was responsible for the 2011 wreck that injured Zachary Stevens and killed another person, clearing the automotive giant following a three-week trial in a suit brought by Stevens.

Expert Analysis

  • Defining Attorney-Client Relationships In The Electronic Age

    Elizabeth Fitch

    As technology has advanced, the ways in which attorneys communicate with clients, potential clients, former clients and the public has created new and ill-defined issues relating to whether an attorney-client relationship exists. Attorneys Elizabeth Fitch and Theodore Schaer discuss the often nebulous yet hazardous concepts that could lead to malpractice issues.

  • State Of Texas Legal Market: It Isn’t Just About Oil

    Geoff Schuler

    Some market watchers believe that law firms with significant energy-related practices have experienced precipitous declines in revenue and profits due to the dip in oil prices. Yet, firms continue to be bullish on Texas, and those still looking for a point of entry will jump at the right opportunity, say consultants with LawVision Group LLC.

  • 4 Reasons Law Firm Business Development Initiatives Fail

    Adam Donovan

    By understanding four common reasons why law firm business development initiatives fail, we can more accurately define success, avoid pitfalls, and improve return on investment, says Adam Donovan, senior manager of patent business strategy at Fish & Richardson PC.

  • What Happens When A State Runs Out Of Money?

    Joseph V. Kennedy

    A number of states, including Illinois, New Jersey and Ohio, could become insolvent in the next two decades. It is not too early for Congress and the next president to start planning. Both the Detroit and Puerto Rico bankruptcies were preceded by years of denial in the face of increasingly inevitable facts, says Joseph Kennedy, former chief economist for the U.S. Department of Commerce.

  • 5 Key Takeaways From Key Energy’s FCPA Settlement

    Michael Volkov

    Key Energy had adopted a code of conduct, a Foreign Corrupt Practices Act and anti-corruption policy, and a procurement policy, but made no effort to ensure that these policies were enforced in Mexico. Companies continue to fall short on the compliance front by relying on local country managers, says Michael Volkov, a former federal prosecutor.

  • Exploring The Limits Of The At-Will Employment Doctrine

    Laura Lawless Robertson

    In jurisdictions where the at-will employment doctrine is recognized, employers are advised to zealously protect this right, including disclaimers in employee handbooks and other employment documents. But two recent federal appellate decisions out of the Fifth Circuit and Ninth Circuit suggest that even this hallowed doctrine is not without its limits, says Laura Lawless Robertson at Squire Patton Boggs LLP.

  • Conflicting Courts On Neutral Canons

    Ashley Johnson

    Although the "last-antecedent canon" and the "series-qualifier canon" may sound like neutral grammatical principles, they carry different weights and are applied differently depending on the court. Ashley Johnson and Will Thompson of Gibson Dunn & Crutcher LLP explore two fundamentally different approaches by the Texas Supreme Court and U.S. Supreme Court.

  • New Uncertainty Surrounds Disputes Over Foreign Stays

    Brian M. Wells

    A recent decision by the U.S. Bankruptcy Court for the Western District of Texas in the case of Sanjel adds a wrinkle to the case law addressing the domestic application of foreign stays through Chapter 15, and in particular, whether it is appropriate for a bankruptcy court to modify or limit a foreign stay, says Brian Wells of Weil Gotshal & Manges LLP.

  • From BigLaw To Your Own Firm: 4 Tips For Legal Startups

    Russell Shinsky

    Highly successful attorneys who are thinking about leaving the safe haven of a large law firm to go out on their own face a number of issues specific to the legal profession. Russell Shinsky, chairman of Anchin Block & Anchin LLP's law firms industry group, shares four pillars of a successful startup law firm.

  • 4 Communications Fundamentals For High-Stakes Litigation

    Michael J. Gross

    The court of public opinion can mete out judgments as harsh as those rendered by a court of law, which is why communications professionals and attorneys should be working together to protect their clients’ reputation and advance their legal objectives as litigation proceeds, as well as when decisions or settlements are reached, say Michael Gross and Walter Montgomery at Finsbury.