Texas

  • July 26, 2016

    4 Traits Of The Top Litigation Firms

    All litigation powerhouses boast talented trial lawyers, but the 20 firms at the top of their game don't just rely on their litigators. Here, we talk about the four traits that led the elite of the Litigation Powerhouses to become the go-to firms for bet-the-company cases.

  • July 26, 2016

    5 Small(er) But Mighty Litigation Shops

    Five relatively small but fearsome law firms landed a spot on Law360's 2016 list of 50 Litigation Powerhouses after they laced up their gloves and brought the pain in their fights for clients, winning some of the biggest cases over the past year.

  • July 26, 2016

    Law360 Names Top 50 Firms For Litigation

    Historic, precedent-setting wins in class action litigation. Jaw-dropping jury verdicts in courts across the country. Victories in the smartphone wars. Dramatic upsets on appeal. Law360's Litigation Powerhouses leveraged their deep legal talent to score remarkable wins for their clients over the past year, landing them a spot on our inaugural ranking of the top firms for litigation.

  • July 26, 2016

    J&J Can't Speed Up Appeal In Hip MDL, Patients Tell 5th Circ.

    A Johnson & Johnson unit facing thousands of lawsuits over its hip prosthetics shouldn’t get an expedited appeal after a trial loss, patients told the Fifth Circuit on Monday, arguing that the record from the second bellwether is too complex and voluminous.

  • July 26, 2016

    Berkshire Seeks 5th Circ. Rehearing Over Revived ERISA Suit

    Berkshire Hathaway Inc. on Monday asked a Fifth Circuit panel to reconsider its reinstatement of Employee Retirement Income Security Act claims concerning employee benefit reductions for a subsidiary, arguing that the subsidiary's employees bringing suit lack standing to proceed under the “independent actor” barrier.

  • July 26, 2016

    Anti-Abortion Duo Behind Planned Parenthood Videos Cleared

    The remaining charges against two anti-abortion activists, who were indicted by a Texas grand jury after secretly recording videos purportedly showing Planned Parenthood officials selling fetal tissue for profit, were dropped Tuesday at the request of prosecutors with the Harris County District Attorney's Office.

  • July 26, 2016

    Deion Sanders FCA Suit Draws Fight Against Default Bid

    Several defendants in a False Claims Act suit against NFL Hall of Famer Deion Sanders alleging funds for feeding needy children were misused told a Texas federal court that they should not be hit with default judgments, arguing that they properly responded to the whistleblower’s suit, despite his own notice mistakes.

  • July 26, 2016

    5th Circ. Nixes USPS Employee's Age Discrimination Suit

    The Fifth Circuit on Monday declined to revive an employee’s age discrimination, retaliation and hostile work environment claims against the U.S. Postal Service, saying that a district court was not wrong to toss them.

  • July 26, 2016

    Texas Cities Seek $43M In Attys’ Fees From Travel Sites

    Counsel for a class of Texas municipalities on Monday asked for an award of about $43 million in attorneys’ fees in a suit alleging online travel companies failed to pay the full amount of hotel occupancy taxes owed to the cities, calling the fees “reasonable” for the yearslong suit.

  • July 26, 2016

    Apple Says Cuozzo Ruling Should Halt $625M VirnetX Case

    Apple Inc. on Monday renewed its bid to stay a $625 million patent infringement verdict pending invalidation proceedings at the Patent Trial and Appeals Board, arguing the U.S. Supreme Court’s June Cuozzo decision bolsters its argument to put the Eastern District of Texas case on ice.

  • July 26, 2016

    Biz Groups Back Macy's In 5th Circ. Bargaining Unit Fight

    The U.S. Chamber of Commerce and a slew of other business groups sided with Macy’s on Monday in the retail giant’s bid to convince the Fifth Circuit to reconsider its approval of the National Labor Relations Board decision to certify a collective bargaining unit for workers at a Massachusetts department store.

  • July 26, 2016

    Texas Judge Says No Plea Deals In Assaults Against Police

    Following the multiple shootings of police officers nationwide recently, a district judge in Texas issued an order last week that in his courtroom in Galveston County, no plea bargains that include probation as a term for charges involving assaults on police officers will be approved.

  • July 26, 2016

    5th Circ. Says Bombardier Can't Ditch Aviation Taxes

    The Fifth Circuit affirmed a Texas district court ruling that Bombardier Aerospace Corp. was on the hook for $32 million in aviation excise taxes, saying Monday the district court applied the proper test in analyzing the aircraft management company’s tax liability.

  • July 26, 2016

    Energy Investor Atinum Hits Ch. 11 After $365M Debt Default

    Oil and gas well investor Atinum MidCon I LLC has filed for Chapter 11 bankruptcy protection after defaulting on $365 million in secured bank debt, joining a slew of U.S. oil and gas companies in bankruptcy. 

  • July 26, 2016

    Too Early To Decide Tax Fight Over $140M Of Art, IRS Says

    The IRS urged a Texas federal judge not to rule in favor of a banker’s estate in a fight over taxes paid on $140 million worth of art, saying it was too early to conclude whether the artwork was simply a corporate dividend in “disguise.” 

  • July 26, 2016

    Prof Wants Atty On Hook For Complaint About Amicus Brief

    A Houston College of Law professor on Monday asked a Texas appeals court to revive a defamation suit he brought against an attorney who he says smeared him after he filed an amicus brief that ran counter to her litigation position.

  • July 26, 2016

    Creditor Vote Set On Saratoga Resources Ch. 11 Plan

    A Louisiana bankruptcy judge on Tuesday approved the disclosure statement in Saratoga Resources Inc.'s Chapter 11 reorganization and has set a schedule for creditors and other interested parties to voice objections to the proposed plans, according to court documents.

  • July 26, 2016

    5th Circ. Again Will Not Resurrect Plane Parts FCA Suit

    The Fifth Circuit on Monday again declined to revive a would-be whistleblower’s suit accusing government contractors such as Northrop Grumman Corp. and Bombardier Inc. of reusing aircraft parts from a crashed plane, finding he still failed to sufficiently plead his allegations. 

  • July 26, 2016

    Comanche Trail Pipeline Gets Border Construction Nod

    The Federal Energy Regulatory Commission on Monday granted a request approving the construction of a portion of the Comanche Trail Pipeline, which is being constructed and operated by Energy Transfer Partners, at the U.S.-Mexico boundary in San Elizario, Texas, south of El Paso.

  • July 26, 2016

    Prior Rulings Doom LNG Project Challenge, DC Circ. Told

    The D.C. Circuit's rejections of environmental challenges to the Federal Energy Regulatory Commission's approval of a trio of liquefied natural gas export projects means it must also nix a similar challenge to FERC's approval of Cheniere Energy Inc.'s Corpus Christi LNG project, the company told the appeals court Tuesday.

Expert Analysis

  • And Now A Word From The Panel: 4 All-Star MDLs

    Alan E. Rothman

    In honor of the recent Major League Baseball All-Star Game, this month’s column will name its own all-star team — four multidistrict litigations, across various categories, that changed or are changing the game, says Alan Rothman of Kaye Scholer LLP.

  • Dollar General Upholds Tribal Jurisdiction Status Quo

    Rory E. Dilweg

    The U.S. Supreme Court's recent nondecision in Dollar General v. Mississippi Band of Choctaw Indians will not change the general fear of and antagonism toward tribal jurisdiction that many nontribal businesses and attorneys have, says Rory Dilweg at Tilden McCoy & Dilweg LLP.

  • Testing The UBE: Portable But Inaccurate Bar Exam Scores

    Suzanne Darrow-Kleinhaus

    While there is not much that is new about the uniform bar exam’s components, what is new is that where you take the bar exam may make the difference between passing and failing. Half of the score depends on the strength of the applicant pool in the jurisdiction where the candidate wrote the exam, which may lead to “UBE shopping,” says Suzanne Darrow-Kleinhaus, director of bar programs at Touro Law Center.

  • EPA Wants More Control Over State-Issued Discharge Permits

    Ronda L. Sandquist

    Proposed changes to the U.S. Environmental Protection Agency's National Pollutant Discharge Permit System would make minor revisions to program definitions and the contents of permit fact sheets, and major revisions that will expand the EPA’s ability to object to permits administratively continued by a state program, say attorneys at Brownstein Hyatt Farber Schreck LLP.

  • Testing The UBE: Missouri Benefits From Uniform Bar Exam

    Jim Nowogrocki

    We in Missouri do not take lightly to new trends or frothy ideas. Yet, the uniform bar exam has allowed us to meet the challenges of an increasingly mobile legal profession and the changing needs of clients, and to ensure that a newly admitted attorney has the knowledge, character and fitness to practice in the Show-Me State, says Jim Nowogrocki, president of the Board of Law Examiners in Missouri — the first state to adopt the UBE.

  • Feeding The Future World: The Israel Outlook

    Meital Stavinsky

    While improvements to the global availability of and access to food are expected in the coming years, many countries will continue to struggle. A further robust collaboration between the U.S. and Israel would both help expand the innovative food and agricultural industry growth in the U.S., and may offer an answer to the looming global food crisis, says Meital Stavinsky at Greenberg Traurig LLP.

  • Workplace Video Monitoring: What Employers Need To Know

    Barbara E. Hoey

    Given the availability and effectiveness of inexpensive video equipment, many companies use video to monitor their entire operations for safety, security and quality control. But video surveillance can have unintended consequences well beyond its intended purpose, say Mark Konkel and Barbara Hoey at Kelley Drye & Warren LLP.

  • OPINION: It's Time To Radically Rethink Immigration Reform

    John W. Lawit

    The antiquated Immigration and Nationality Act of 1952 has outlived its usefulness. It is time for a completely new law, based not on conditions from more than 60 years ago, but rather focused on the nation’s needs going forward into the 21st century, says John Lawit of John W. Lawit LLC.

  • When A Shareholder Oppression Remedy Is No More

    Michael Moehlman

    Since a 2014 Texas Supreme Court decision ending the minority shareholder oppression doctrine in the state, little has occurred to affect its outcome. Long-term strategic planning has therefore become increasingly important for Texas closely held corporations, says Michael Moehlman of Strasburger & Price LLP.

  • A State-By-State Guide To Driverless Car Regulations

    Michael W. Reynolds

    In the absence of federal regulation, only nine states and the District of Columbia have passed laws addressing autonomous vehicles, leaving the other states to wrestle with the complexity and uncertainty of interpreting existing state laws, which presume human drivers, to permit the operation of AVs, say Michael Reynolds and Jason Orr at O'Melveny & Myers LLP.