• December 9, 2016

    Backpage Execs Escape Sex Trafficking Charges In Calif.

    The owners and CEO of Backpage.com escaped pimping charges for escort ads on their site that prosecutors said included minors and sex trafficking victims when a California judge ruled Friday the site operators were protected by free speech laws, reports said.

  • December 9, 2016

    Tort Claims Act Leaves Employee Intent Out: Texas High Court

    Courts evaluating whether to dismiss government employees from tort claims shouldn’t consider the subjective intent behind the employees' actions but should only weigh whether their actions were within the scope of their employment, the Texas Supreme Court held Friday.

  • December 9, 2016

    Texas Doctor Fights $4.3M IRS Fine Over Withholding Issues

    The founder of a medical services provider asked a Texas federal judge on Friday to reconsider a $4.3 million tax judgment against him, arguing that he should only have to pay $100,000, the available funds he withheld from the Internal Revenue Service upon learning of his company's tax liabilities.

  • December 9, 2016

    Mass. AG Turns To 5th Circ. To Stave Off Exxon Deposition

    Massachusetts Attorney General Maura Healey is pushing the Fifth Circuit to scrap a Texas federal judge’s plans to let Exxon Mobil Corp. examine the motives behind her investigation into the company’s past statements about climate change, urging the appeals court to act quickly to scuttle a deposition she has been ordered to give on Tuesday.

  • December 9, 2016

    Former Baylor Coach Launches Libel Suit Against Regents

    Former Baylor University football coach Art Briles on Thursday sued the school’s chief operating officer and three regents claiming they are actively working to stop him from finding a new job by smearing him with false allegations that he failed to report alleged sexual assaults by football players.

  • December 9, 2016

    Contract Awarded For New Federal Courthouse In San Antonio

    White Construction Co. has won the contract to build a new federal courthouse in San Antonio, Texas, the U.S. General Services Administration announced Thursday, stating that the project, which has been allocated $132 million, will provide the judiciary with a new 305,000-gross-square-foot facility.

  • December 9, 2016

    Taxation With Representation: Davis, Wilson, Freshfields

    In this week’s Taxation With Representation, Verizon sold off $3.6 billion worth of properties around the country, web services provider GoDaddy agreed to buy its European counterpart for $1.81 billion, and Consolidated Communications Holdings made a successful $1.5 billion play for a fellow business and broadband communications provider.

  • December 9, 2016

    Texas Employees On FMLA Leave Can't Get Unemployment

    An employee taking an absence from work under the Family and Medical Leave Act can't get unemployment benefits under the Texas Labor Code, a Texas appeals court held Thursday in a dispute between the Texas Workforce Commission and Wichita County over a former county employee.

  • December 9, 2016

    EEOC Slams Bid For Rehearing In Fight Over Visa Info

    The U.S. Equal Employment Opportunity Commission urged the Fifth Circuit on Thursday to deny Koch Foods’ request to rehear an order finding the company cannot compel the release of identifying visa application information on employees who have brought a sexual harassment suit against it, saying the ruling doesn’t conflict with precedent.

  • December 9, 2016

    Inmate's Revenge Plot Against Judge Nets Him 5 More Years

    An inmate’s retaliation attempt against a Texas federal judge who sentenced him to prison for a drug offense by filing a false document in bankruptcy court claiming the jurist owed him nearly $6 million has landed him another five years in federal prison, the U.S. Attorney’s Office announced Thursday.

  • December 9, 2016

    AT&T Hit With Patent Suit Over Data-Throttling Servers

    An intellectual property firm has accused AT&T in Texas federal court of willfully violating a 2000 patent for network servers that clamp down on inappropriate file sharing.

  • December 9, 2016

    Co. Says Lockheed's Promise Of F-35 Work Was $7.6M Fraud

    A former Lockheed Martin Corp. subcontractor accused the defense giant of fraud in a $7.6 million Texas federal court lawsuit Wednesday alleging Lockheed promised millions of dollars in work on the F-35 to meet small business participation requirements only to abandon the contract.

  • December 8, 2016

    5th Circ. Reverses NLRB's Order On Citigroup Arbitration

    The Fifth Circuit on Thursday reversed a National Labor Relations Board decision ordering Citigroup Inc. to remove class-action waivers from employment arbitration agreements, finding the order was precluded by two Fifth Circuit decisions the board has appealed to the U.S. Supreme Court.

  • December 8, 2016

    Pastor Can't Sue El Paso For Blocking Political Speech

    A Texas appeals court Wednesday wiped out a long-pending suit against the city of El Paso and its former mayor who was accused of stifling political speech after seeking to enjoin a recall petition brought by a pastor opposed to a policy allowing domestic partners of city employees to receive benefits.

  • December 8, 2016

    Mentally Ill Woman's Bedsores Unavoidable, Caregiver Says

    A nursing home physician's assistant accused of failing to care properly for a mentally ill patient who later died of pneumonia told Texas jurors Thursday that even with the best of care, she couldn't have prevented the bedsores the woman suffered.

  • December 8, 2016

    Schlumberger Blasts Hess' Suit Over Oil Well Valve Failures

    Schlumberger Technology Corp. moved to toss Hess Corp.’s suit over failed underwater safety valves that the oil and gas giant says cost more than $115 million to fix, telling a Texas federal court on Thursday that the litigation has no legs because the valves allegedly failed after the warranty ran its course.

  • December 8, 2016

    Atty DQ Sought In Medical Supplier Trademark Row

    Medical supplier Eclipse Aesthetics LLC told a Texas federal judge on Wednesday that counsel for RegenLab USA LLC in the rival companies' trademark dispute must be disqualified for his attempts to pressure Eclipse's key witness to “change sides.”

  • December 8, 2016

    Calif., Texas, NY Received Most Refugees In 2016: Report

    California, Texas and New York resettled the highest number of refugees in fiscal year 2016, taking in more than 20,000 refugees combined, or nearly one-quarter of the nation’s total, according to a report released by the Pew Research Center on Tuesday.

  • December 8, 2016

    O'Quinn Client's Malpractice Claim Sent To Arbitration

    A legal malpractice dispute between John M. O'Quinn & Associates PLLC and a client who sued a hospital over her husband's death should be resolved by arbitration under their contract, a Houston judge ruled Wednesday.

  • December 8, 2016

    Bristol-Myers Squibb To Pay $19.5M Over Abilify Marketing

    Bristol-Myers Squibb will pay $19.5 million to 42 states and Washington, D.C., to settle claims that the company allegedly improperly marketed the antipsychotic drug Abilify, multiple states’ attorneys general announced Wednesday.

Expert Analysis

  • The Horrible Conflict Between Biology And Women Attorneys

    Anusia Gillespie

    Women leave law firms for many of the same reasons men do, but also face challenges including headwinds with respect to assignment delegation and social outings, as well as potential disruptions if they choose to have children. Firms can increase investment in talent management and improve retention and engagement of women attorneys, says Anusia Gillespie of Banava Consulting.

  • The Future Of FLSA's Revised White Collar Exemption

    James C. Cunningham Jr.

    Last month, a Texas federal district court enjoined the U.S. Department of Labor's 2016 revisions to the Fair Labor Standards Act's white collar exemptions. The issue is unlikely to be resolved before President-elect Donald Trump takes over, so his administration will be the one to deal with this case, says James Cunningham Jr. of Berger Singerman LLP.

  • Managing Intergenerational Differences Within Your Law Firm

    Najmeh Mahmoudjafari

    We are privileged to be part of an employment market that hosts employees from various generations. While “differences” may imply inherent conflict, intergenerational differences can actually be used to an advantage for organizations — especially law firms, say Najmeh Mahmoudjafari, founder of ImmigraTrust Law, and William Martucci of Shook Hardy & Bacon LLP.

  • Philip Hirschkop: Quietly Making Noise For 50 Years

    Randy Maniloff

    The first paragraph of Philip Hirschkop’s obituary is going to contain the word "Loving." That’s undeniable. But many of Hirschkop’s other cases are just as groundbreaking in their own right. They aren’t household names like Loving, but they have affected millions in the nation’s households, says Randy Maniloff of White and Williams LLP.

  • Using Payroll Cards To Pay Employees’ Wages

    Excerpt from Lexis Practice Advisor
    Kevin E. Vance

    When advising employers on the use of payroll card programs as an alternative method of paying employees there are several considerations lawyers should adopt. Kevin Vance of Duane Morris LLP discusses key issues concerning payroll cards and best practices for establishing and maintaining a payroll card program.

  • Judicial Treatment Of Interrelated Acts: Part 1

    Rory Eric Jurman

    Courts have reached varying conclusions regarding the extent to which claims must be related in order to constitute a single claim under an insurancy policy. Rory Jurman and Steven Cula of Fowler White Burnett PA explain the question of interrelatedness and discuss how various states have approached the issue.

  • Utility Mergers And Acquisitions Lift Capital Markets

    Steven Friend

    In the past several years, there has been a pronounced increase in mergers and acquisitions activity in the electric utility industry. Three themes have been particularly notable of late: consolidation among utilities, the acquisition of gas assets by electric utilities, and the acquisition by Canadian utilities of U.S. companies, say Steven Friend, Michael Fitzpatrickan and Peter O’Brien of Hunton & Williams LLP.

  • How Employers Can Prep For New OSHA Reporting Rule

    Sutton.Chris (c).jpg

    A Texas federal court's denial of the injunction that sought to block the nationwide implementation of the Occupational Safety and Health Administration’s new injury and illness reporting rule means that major parts of the rule went into effect last week. The rule includes several new obligations and prohibitions that employers should be aware of, say attorneys with Perkins Coie LLP.

  • Hitting Pause On FLSA White Collar Changes

    Kathleen Anderson

    The eleventh-hour preliminary injunction from the Eastern District of Texas against expanded coverage under the Fair Labor Standards Act is a blow to the U.S. Department of Labor, which had estimated expanded overtime coverage to more than four million additional employees, says Kathleen Anderson of Barnes & Thornburg LLP.

  • The Ethical Risks Of A Multijurisdictional Practice

    Melinda Gentile

    As law firms and clients conduct more business on a regional or national scale, multijurisdictional practice is becoming more prevalent for practicing attorneys. Attorneys engaged in both private practice and as in-house counsel need to be aware of the ethical risks of practicing across jurisdictions — including the implications of engaging in the unauthorized practice of law, say Melinda Gentile and Monique Cardenas of Peckar & Abramson PC.