Texas

  • September 27, 2016

    Total Takes FERC Gas Manipulation Fight To 5th Circ.

    A Total SA unit on Monday said it would appeal to the Fifth Circuit a Texas federal judge's ruling that the Federal Energy Regulatory Commission wasn't required to pursue natural gas market manipulation allegations and penalties in federal court.

  • September 26, 2016

    Penalty Sought For Bad Deposition In $63M Real Estate Suit

    A real estate mogul alleging American Realty Investors Inc. diverted money through bankruptcy to avoid paying a $63 million judgment over a soured apartment complex deal asked a Texas federal judge on Friday for sanctions against the attorneys for two executives, saying they deliberately attempted to sabotage two depositions.

  • September 26, 2016

    Texas Agency Raises Doubts About $18.7B EFH-NextEra Deal

    Cracks are starting to form on the smooth path Energy Future Holdings Corp. was hoping to travel to exit Chapter 11, including some doubts Texas regulators would bless the central $18.7 billion NextEra Energy deal and whether intercreditor fighting would sidetrack the case, a Delaware bankruptcy judge heard Monday.

  • September 26, 2016

    NY Judge Seems Open To New Path In Immigration Block Case

    A New York federal judge has indicated a willingness to break from a Texas court on Thursday in a case seeking to exempt certain New York residents from the block against the president’s executive actions on immigration, saying he had “no intention” of “marching behind in the parade,” according to a transcript.

  • September 26, 2016

    Ambulance Co. 'Upcoding' Suit Dismissed For Lack Of Proof

    Two whistleblowers haven’t sufficiently argued that CareFlite, a Dallas-area nonprofit that provides ambulance services, systemically billed Medicare or Medicaid for more advanced services than it provided, a Texas federal judge said on Monday in dismissing the False Claims Act suit.

  • September 26, 2016

    Cowboys' Bryant Settles Rental Home Suit With Texas Sen.

    Dallas Cowboys wide receiver Dez Bryant and state Sen. Royce West, D-Dallas, have agreed to end a Texas state court suit that accused Bryant of trashing a rental home that West owns, they said in a joint motion for nonsuit on Friday.

  • September 26, 2016

    Bass Pro Invokes Tyson In EEOC Discrimination Fight

    Seeking a favorable judgment, Bass Pro told a Houston federal court Friday that the U.S. Supreme Court's recent Tyson decision has “profound” implications for the U.S. Equal Employment Opportunity Commission's hiring discrimination allegations against the outdoor goods retailer.

  • September 26, 2016

    Texas Lawmaker In Criminal Probe To Resign, Citing Health

    Texas state Rep. Dawnna Dukes, D-Austin, announced Monday she would be stepping down from the seat she's held for 22 years effective Jan. 10, 2017, citing injuries she suffered in an Aug. 2013 car crash and her resulting health complications.

  • September 26, 2016

    Clean Power Plan 'Epic' Power Grab, AGs Say

    The attorneys general for Texas and West Virginia blasted the U.S. Environmental Protection Agency's Clean Power Plan in advance of their arguments to nix the rule this week, maintaining Monday that the plan usurps state authority.

  • September 26, 2016

    FERC Defends Proposed $225M Penalty For Gas Manipulation

    The Federal Energy Regulatory Commission on Friday defended its bid to impose $225 million in penalties and disgorgement against a Total S.A. unit and two of its employees for alleged natural gas market manipulation, saying the company’s defense that the agency couldn’t prove the trading was intentionally manipulative doesn’t hold up.

  • September 26, 2016

    Houston-Area Officials To Vote On $105M Astrodome Proposal

    The Harris County Commissioners Court is set to vote on the $105 million Astrodome revitalization project on Tuesday that could, if approved, bring an end to a yearslong debate over what to do with the 50-plus-year-old Houston area stadium. 

  • September 26, 2016

    Justices Told JPMorgan Shouldn't Get $69M IP License Refund

    In a case that seeks to overturn a $69 million refund to JPMorgan Chase & Co., the holder of a check-processing patent has asked the U.S. Supreme Court to consider whether "most favored licensee" agreements allow for refunds if another licensee later gets a better deal.

  • September 26, 2016

    5th Circ. Says Dresser-Rand Lockout Wasn't Illegal

    Energy equipment maker Dresser-Rand Co. did not violate the National Labor Relations Act when it locked out workers during contract negotiations, the Fifth Circuit ruled Friday, reversing part of an order from the National Labor Relations Board.

  • September 26, 2016

    Kelcy Warren Claims Cancer Center CEO Committed Fraud

    Billionaire energy tycoon Kelcy Warren alleged in a Texas state court suit that the company behind a now-bankrupt planned cancer treatment center in Dallas violated the Texas Securities Act and committed fraud when it solicited a $20 million investment from him.

  • September 26, 2016

    EFH Agrees To Pay $11.8M To Settle Texas Tax Liabilities

    Bankrupt Energy Future Holdings Corp. agreed to pay $11.8 million to settle most of its Texas tax liabilities while allowing a mining company to make a nearly $2 million claim against one of its units, according to documents filed in court on Friday.

  • September 26, 2016

    Feds Again Seek Clarity On Gender Guidelines Injunction

    The U.S. government on Friday again defended its request that a federal judge offer clarification on his block of federal guidance that public schoolchildren be allowed to use the bathroom matching their gender identity, arguing that states challenging the directive, led by Texas, are trying to apply the ruling too broadly.

  • September 26, 2016

    Energy XXI Gets Nod To Poll Creditors On Ch. 11 Plan

    Energy XXI has received a Texas judge's permission to begin polling stakeholders on a modified reorganization plan that the oil and gas company says will eliminate $3 billion in debt from its books, though disputes with its unsecured creditors and noteholders remain unresolved.

  • September 26, 2016

    Fox, Glenn Beck Sued For Linking Boy Clock-Maker To Terror

    A Texas teen who shot to fame in 2015 after his arrest for bringing a homemade clock to school has sued Fox Television Stations LLC, Glenn Beck and a handful of conservative television pundits for libel in state court, after they claimed on air that his family had ties to terrorists.

  • September 26, 2016

    Fox Rothschild Nabs McGuireWoods Restructuring Atty

    Fox Rothschild LLP has added a McGuireWoods LLP partner who also spent a decade with Norton Rose Fulbright to its financial restructuring and bankruptcy department, the firm announced Monday.

  • September 26, 2016

    Cops Say Texas Atty Who Shot 9 May Have Had Firm Problems

    A Houston attorney who may have been disgruntled over his professional life donned a military-like uniform adorned with Nazi emblems, police said, as he indiscriminately fired dozens of rounds — from a handgun and Tommy gun — at passersby, sending nine to the hospital before police shot and killed him.

Expert Analysis

  • How Appraisal Protects Against Texas Insurance Code Abuse

    Shannon M. O'Malley

    In recent months, multiple Texas courts have ruled that prompt appraisal award payments essentially end an insurer's exposure for breach of contract and extracontractual claims. By properly invoking appraisal provisions, insurers can avoid concerns about boilerplate statutory bad faith allegations, says Shannon O'Malley of Zelle LLP.

  • Overhauling Law Firm Records Departments For A New Reality

    Raymond Fashola

    As automation increases, so do business challenges that impact overall law firm operations. Records departments are facing roadblocks associated with antiquated processes, ever-changing regulatory requirements, and emerging technologies. As a result, firms are reassessing the needs of their records department staffing models, says Raymond Fashola of HBR Consulting.

  • Unclaimed Property Law: What Oil And Gas Cos. Should Know

    Carol Lynn Thompson

    States have recently stepped up enforcement of unclaimed property laws to generate additional revenue and the oil and gas industry has become an attractive target. Because unclaimed property compliance obligations can be particularly complex it is critical that companies understand the current landscape and the best ways to navigate the audit process, say attorneys at Sidley Austin LLP.

  • Texas Courts' Consistent Inconsistency On Improper Joinders

    Todd M. Tippett

    In August, two different Texas federal courts heard two very similar insurance claims cases, but reached opposite decisions regarding whether or not the cases should be remanded to state court. This stems from the ambiguity of determining whether some multiparty insurance lawsuits are proper or not, according to Todd Tippert of Zelle LLP.

  • Staying Out Of Treble Trouble: Clues From Samsung Case

    Austin Champion

    A judge in the Eastern District of Texas recently became the first federal judge to award enhanced damages for willful patent infringement under the U.S. Supreme Court's Halo standard. Imperium v. Samsung is a strong reminder that treble enhanced damages under Section 284 remain unquestionably on the table for egregious infringement, say Austin Champion and Michael Barbee of Griffith Bates Champion & Harper LLP.

  • Rep. Smith On The AIA's 5th Anniversary

    Rep. Lamar Smith

    While the primary purpose of the America Invents Act was to improve the validity of the patent-granting process, the legislation included a narrow provision to improve patent litigation. Unfortunately, some activist judges have ignored this new tool, says Rep. Lamar Smith, R-Texas.

  • 3 Steps To Successful Judgment Enforcement

    Craig Weiner

    Judgment enforcement is typically governed by the law of the state where collection is sought, which frequently means collection efforts are controlled by an arcane body of law replete with debtor-friendly roadblocks. Fortunately, there are a number of actions a judgment creditor can take to secure satisfaction of a claim, say Craig Weiner and Michael Kolcun of Robins Kaplan LLP.

  • The Latest Milestone In US-Cuba Relations

    Purdie_Chad_DiazReus.jpg

    Flying from Fort Lauderdale, Florida, to Abel Santamaria Airport in Santa Clara, Cuba, JetBlue Flight 387 was the first direct commercial flight between the United States and Cuba in more than a half-century. These commercial flights are a potential economic boon for businesses in both countries, says Chad Purdie, head partner of Diaz Reus LLP's Los Angeles office.

  • Venue Selection Is Key To Determining Coverage

    R. Steven DeGeorge

    State courts across the country continue to diverge on key coverage issues, meaning that researching and selecting the right court is a critical first step in insurance litigation. R. Steven DeGeorge of Robinson Bradshaw & Hinson PA explains the jurisdiction rules behind choosing a venue, and how they apply to both insurers and policyholders.

  • A Look Inside The Future Of Telemedicine In Texas

    Michelle D. Apodaca

    In the last several years, Texas has generated significant news related to the disagreements between the Texas Medical Board and Teladoc, a telehealth medical provider. While the dispute and subsequent corollary issues linger in litigation, some telemedicine providers have been in a holding pattern with their business operations. However, there may be legislative and regulatory changes on the horizon, says Michelle Apodaca with Hay... (continued)