Texas

  • July 2, 2015

    Immigration Cases To Watch In The Second Half Of 2015

    High-profile immigration cases are percolating across the board, with a new fight over the EB-5 immigrant investor program, challenges to H-2B and H-4 visa regulations, and the executive action brawl at the Fifth Circuit set for 2015 action. To help keep track of it all, Law360 rounds up the cases to watch in the next few months.

  • July 2, 2015

    Cardinals Fire Scouting Director Amid Hacking Probe

    The St. Louis Cardinals have fired scouting director Chris Correa in connection with the hacking scandal that has resulted in a federal investigation into whether the team illegally accessed the internal database of the Houston Astros, an attorney hired by the team confirmed Thursday.

  • July 2, 2015

    BP Out Of Deepwater: The 5-Year Path To A Record Settlement

    BP Exploration & Production Inc.'s $18.7 billion global settlement Thursday caps a five-year court battle over the deadly 2010 Deepwater Horizon explosion. Here's a timeline of the case that fell just short of the U.S. Supreme Court and ended in the largest environmental settlement in U.S. history.

  • July 2, 2015

    Without A Deal, BP Would Have Faced Harsher Penalties

    Despite the magnitude of Thursday’s $18.7 billion settlement that ends most of the litigation over BP Exploration & Production Inc.’s liability in the Deepwater Horizon disaster, experts say the company could have been hit even harder had the overseeing judge been able to hand down a penalty of his own.

  • July 2, 2015

    Texas Judge Gives Nod To $84M Farmers Policy Refund Deal

    A Texas state judge on Thursday said he’ll give preliminary approval to an $84.4 million settlement between Farmers Group Inc. and the Texas Department of Insurance, which sought refunds for policyholders who paid too-high premiums for reduced coverage.

  • July 2, 2015

    Apple Dodges Potential $1.6B Award In Smartflash IP Suit

    A Texas federal judge on Thursday said Apple Inc. did not willfully infringe media storage patents held by Smartflash LLC, nullifying a jury’s determination of willful infringement which Smartflash asserted entitled it to have a $533 million damages award tripled to $1.6 billion.

  • July 2, 2015

    Wolf Hollow Denied El Paso Marketing Contract Damages

    Wolf Hollow I LP cannot recover damages from a contract dispute with El Paso Marketing LP over the supply of natural gas to an electric generation facility in Texas, a Houston appeals court ruled Thursday.

  • July 2, 2015

    Perry Says High Court Ruling Kills Abuse-Of-Office Charges

    Former Texas Gov. Rick Perry this week told a state appeals court that a criminal case decided at the end of the U.S. Supreme Court term “unambiguously repudiates” an essential theory of the prosecutor’s abuse-of-office charges against him.

  • July 2, 2015

    Frontier, Verizon Tell FCC Their Deal Will Expand Broadband

    Frontier Communications Corp.’s planned $10.54 billion purchase of Verizon Communications Inc.’s wireline operations in three states will lead to broadband expansion, the companies told the U.S. Federal Communications Commission in a filing posted Thursday, but they can’t yet say exactly what that expansion will entail.

  • July 2, 2015

    Wilson Hits Back In Football Helmet Strap Patent Suit

    Sports equipment maker Wilson Sporting Goods Co. asked a Texas federal court Thursday to toss a patent infringement suit lodged against it by SportStar Athletics Inc., saying the football helmet chin-strap in question does not violate the asserted patents.

  • July 2, 2015

    Oil Pollution Act Case Over Texas Barge Spill OK'd For Trial

    The U.S. government's Oil Pollution Act claims against two industrial corporations will head to trial, after a Texas federal judge denied dueling summary judgment bids Tuesday in the suit over a barge's oil spill.

  • July 2, 2015

    5th Circ. Hands Victories To Texas, Miss. Same-Sex Couples

    Four same-sex couples from Texas and Mississippi won the right Wednesday to have their marriages recognized in their respective states, after last week's landmark U.S. Supreme Court decision that made same-sex marriage a constitutional right under the 14th Amendment.

  • July 2, 2015

    Securities Probe Of Texas AG May Lead To Fraud Charges

    Special prosecutors tasked with investigating Texas Attorney General Ken Paxton for alleged securities violations said Thursday they have found evidence of possible securities fraud that would constitute a first-degree felony and will present evidence to a grand jury within the month.

  • July 2, 2015

    BP Reaches $18.7B Deal To Settle Deepwater Claims

    BP Exploration & Production Inc. on Thursday reached an $18.7 billion global settlement — the largest in U.S. history — over its role in the 2010 Deepwater Horizon disaster, a deal that follows the company’s failure to convince the U.S. Supreme Court to reconsider its liability under the Clean Water Act.

  • July 1, 2015

    Dreier Trustee Settles With Diamond McCarthy In Fee Row

    Former Diamond McCarthy LLP attorney Sheila M. Gowan settled a dispute in Texas state court with her former firm over $1.4 million in fees she generated as Dreier LLP's Chapter 11 trustee, Gowan confirmed on Wednesday.

  • July 1, 2015

    Utility Can't Avoid Suit Over Pollution Control Project

    A Texas appellate court on Wednesday gave Casey Industrial Inc. another shot at suing San Antonio power utility CPS Energy for cost overruns on a pollution control project at a CPS coal-fired power plant, saying the case was wrongly dismissed on governmental immunity grounds.

  • July 1, 2015

    EA Says Conflicting Testimony Undermines $4.9M IP Verdict

    Electronic Arts Inc. made another bid in Texas federal court Tuesday to escape a jury’s $4.9 million verdict in a patent infringement case, arguing a key expert offered conflicting testimony and that Uniloc Luxembourg SA secured the verdict through “fraud, misrepresentation or misconduct.”

  • July 1, 2015

    Benefits Extended To Texas State Workers' Same-Sex Spouses

    The state of Texas on Wednesday officially began extending benefits to the spouses of gay and lesbian state workers in the wake of last week's landmark U.S. Supreme Court decision in favor of same-sex marriage, even as Republican politicians including Texas Gov. Greg Abbott decried the decision.

  • July 1, 2015

    Consultant Linked To Dallas Bribery Scheme Pleads Guilty

    A consultant accused of helping funnel money to a powerful Dallas County commissioner as part of a long-running bribery scheme to obtain government contracts on Wednesday pled guilty to a conspiracy charge.

  • July 1, 2015

    Eli Lilly Hit With IP Suit Over Cialis Use

    A German pharmaceutical company on Wednesday accused Eli Lilly and Co. and a Texas pharmacy chain of violating intellectual property laws through sales of erectile dysfunction drug Cialis, claiming in a federal suit that the use of the drug to treat an enlarged prostate is already patented.

Expert Analysis

  • Could Chief Justice Roberts Have Concurred In Obergefell?

    Janice Mock

    Chief Justice John Roberts' dissenting argument in Obergefell v. Hodges misses the point entirely. If the U.S. Supreme Court has any rights at all, such rights surely include the ability to ensure that states don’t create laws — in Obergefell, bans on same-sex marriage — that abridge a citizen’s right to life, liberty and the pursuit of happiness, says Janice Mock of Nossaman LLP.

  • Don't Discount Disparate Impact After High Court Case

    Michael B. Mierzewski

    The implications of the U.S. Supreme Court's ruling in Texas Department of Housing and Community Affairs v. Inclusive Communities Project Inc. extends beyond the primary mortgage lending and insurance industries. The ruling almost certainly will embolden private plaintiffs and government agencies to assert claims of disparate impact discrimination, say attorneys at Arnold & Porter LLP.

  • How Drug Cos. Can Minimize Risks Of 'Right To Try' Laws

    Vicki G. Norton

    With "right to try" measures that provide seriously ill patients access to experimental treatments being drafted in 40 states, drug and biologic developers have faced increasing pressure from patients and their advocates to make investigational drugs available for compassionate use. Vicki Norton of Duane Morris LLP has some advice for navigating the risks associated with allowing patients compassionate use of experimental drugs.

  • Midpoint 2015: What To Expect From State AGs

    Joseph W. Jacquot

    Whether on competition in the solar energy market, oversight of professional occupations or the safety of electronic payment systems, businesses should proactively engage with state attorneys general as they fulfill their consumer protection role, says Foley & Lardner LLP's Joseph Jacquot, a former Florida deputy attorney general and chief of staff of the attorney general’s office.

  • New Texas Bills Protect Personal Injury Defendants

    Steve Scheve

    Attorneys and companies facing personal injury or wrongful death litigation in Texas state court should take note of two bills recently passed by the Texas Legislature that provide additional tools for defendants, say Steve Scheve and Rebecca Hammerbeck of Reed Smith LLP.

  • The Top 3 New Do’s And Don’ts For Law Firm Websites

    Stephan Roussan

    In legal marketing circles, there are few topics peddled about more than “hot tips” for improving your law firm’s website. Google it. You’ll find more advice than you could ever digest. However, there are larger trends in technology, culture and user behavior that are impacting firms in very significant ways and are not being talked about nearly as much as they should be, says Stephan Roussan, founder of consulting and web developm... (continued)

  • High Hurdles Remain For Texas Derivative Plaintiffs

    Jeffrey R. Elkin

    The Supreme Court of Texas plainly seems to believe that its decision in Sneed v. Webre endorses an “easier” path for a shareholder in a closely held corporation to enforce its rights and protect the value of its ownership interests. However, while the business judgment rule will not be a bar to standing, it remains a high hurdle to any ultimate recovery for derivative plaintiffs, says Jeffrey Elkin of Porter Hedges LLP.

  • REBUTTAL: Flood Insurance Is Different For Businesses

    Michael Levine

    Prolonged and torrential rains have caused widespread flooding in Texas, Oklahoma and surrounding areas. Contrary to arguments made in a recent Law360 guest article, business owners may not be subject to the same stringent limitations on coverage faced by homeowners, say Michael Levine and Jennifer White of Hunton & Williams LLP.

  • Texas Post-Production Costs Still Constrained By 4 Corners

    William D. Wood

    The law on deductibility of post-production costs in calculating royalties under Texas oil and gas leases remains unchanged by the Texas Supreme Court’s decision in Chesapeake Exploration LLC v. Hyder. Deductibility of post-production costs has been and still is governed by a fair reading of the particular royalty lease language, say William Wood and Lauren Varnado of Norton Rose Fulbright US LLP.

  • The Trials And Tribulations Of Disparate Impact Theory

    Michael A. Mancusi

    Although the precise theory of discrimination was not revealed in the government's action against Provident Funding Associates LP's lending practices, it is likely that regulators, despite recent court challenges — including Texas Department of Housing and Community Affairs v. The Inclusive Communities Project Inc., which is pending before the U.S. Supreme Court — relied on disparate impact theory, say attorneys at Arnold & Porter LLP.