Perkins Coie LLP scooped a partner specializing in restaurant franchising and other food and retail business from Haynes & Boone LLP, its ninth lateral hire for its Dallas office since March, the firm announced Wednesday.
A Texas appeals court upheld the city of San Angelo’s municipal water permit, rejecting on Tuesday a conservation group's argument that the Texas Commission on Environmental Quality had ignored evidence the permit would negatively impact downstream water users.
The Texas Department of Insurance on Wednesday proposed rules subjecting individuals who provide public outreach and advice about the Affordable Care Act to criminal and financial screenings and prohibiting them from dispensing advice on specific insurance plans, the latest state to brand federal standards covering the so-called navigators inadequate.
A mortgage servicing company on Wednesday told the Texas Supreme Court that it could “wreak havoc” on the banking and residential lending industry if the justices deem unconstitutional home equity refinancing agreements that capitalize past-due interest in a putative class action.
A Texas appeals court on Tuesday tossed the bulk of real estate investment firm Miller Global Properties LLC's suit alleging Marriott International Inc. misled it into acquiring and covering $90 million in construction cost overruns on the JW Marriott San Antonio Hill Country Resort & Spa.
The Center for Public Integrity painted a bleak picture Wednesday of the way state judges disclose potential financial conflicts, giving big states like Florida, New York, New Jersey, Pennsylvania and Texas failing or near-failing grades while mustering only middling praise for California and other, more transparent states.
A Texas federal judge sentenced an Austin-based attorney to 20 years in prison on Tuesday for bribing a former state judge in exchange for favorable rulings.
General Motors Co. will shed the last of its stake in former lending unit Ally Financial Inc. in a placement worth $900 million, while Men's Wearhouse — itself on a buyout hunt — is closing in on a deal that would send its discount clothing unit to Sycamore Partners.
Ford Motor Co. on Tuesday asked the Texas Supreme Court to move a wrongful death suit stemming from a car crash out of state court and into Mexico, where the accident occurred, arguing the trial court had opened a loophole in a statute designed to limit foreign cases.
The Fifth Circuit handed employers a major victory Tuesday by rebuffing the National Labor Relations Board's ban on employment class waivers, but attorneys say the issue remains far from resolved and eventually will end up at the U.S. Supreme Court.
Plaintiffs in a putative class action accusing the U.S. Securities and Exchange Commission of facilitating Robert Allen Stanford’s $7 billion Ponzi scheme asked the Fifth Circuit on Monday to revive the case, arguing a law barring suits over federal officials' discretionary choices did not apply.
A Texas federal judge on Tuesday denied the U.S. Securities and Exchange Commission bid to find that Life Partners Holdings Inc.’s revenue policies related to the sale of its life settlement investments violate securities laws, saying a jury should decide.
A former client accused Brown Sims PC and Hrbacek & Associates of fraud in Texas state court on Monday, saying a former attorney suffered a crying breakdown and wrongly coerced him to settle for not enough money a multimillion-dollar litigation over financing for a commercial real estate development.
The U.K. government interceded on BP PLC's behalf in Texas federal court Monday in its fight against a U.S. government contracting ban, suggesting that the U.S. Environmental Protection Agency imposed an overly punitive sanction in response to the Deepwater Horizon disaster.
A Texas federal judge on Tuesday said discovery in a securities fraud class action against Halliburton Co. would continue while the U.S. Supreme Court debates whether to overturn controlling precedent governing investors’ reliance on material misstatements.
Calpine Corp. has purchased a 1,050-megawatt natural-gas-fired power plant from MinnTex Power Holdings LLC for about $625 million, the companies said Monday, a move that drives Calpine deep into a Texas market the company said is still growing.
Texas-based clothing manufacturer Haggar Clothing Co. will take over Tribal Sportswear, a women's apparel company, from Montreal-based private equity firm Kilmer Capital Partners in a push to continue the expansion of its women's clothing line, according to a Monday statement.
The Fifth Circuit on Monday granted BP PLC's request to stop additional Deepwater Horizon settlement payments to businesses and individuals claiming property and economic loss from the spill, ruling that the federal judge overseeing the multidistrict litigation must examine how the claims administrator determines causation.
The Fifth Circuit on Tuesday rejected the National Labor Relations Board's ruling that arbitration agreements barring employees from pursuing class or collective claims violate federal labor law, siding with homebuilder D.R. Horton Inc.
The Fifth Circuit on Monday sent back to district court a suit accusing a half-dozen credit card companies of charging consumers fees for services they didn’t want or need, finding that the suit itself, originally brought by the state of Mississippi, is not subject to federal jurisdiction.
Texas, Nevada and other low- and no-tax states are trying to woo California’s high-earners and business owners, for whom Proposition 30’s passage in November 2012 was a “cross the Rubicon” moment. But moving one’s tax residence from California is not a simple matter of finding a crash pad in Las Vegas and sending a goodbye note to Sacramento, says Douglas Schwartz of Nossaman LLP.
In re Flugence in the Fifth Circuit is important because of its implications for other instances in which litigation is commenced for the purpose of making creditors whole, but which may nonetheless produce recoveries in excess of the amount necessary to do so. Courts outside the Fifth Circuit are not in clear agreement, says Steven Wilamowsky of Bingham McCutchen LLP.
What is the thinking as to whether leaky air conditioner cases warrant multidistrict litigation treatment? On Dec. 5, the Judicial Panel on Multidistrict Litigation heads to Vegas to find out. This will bring a temperature shift in more ways than one from the September hearing, where the panel considered a potential MDL proceeding arising from allegedly defective clothes dryers, says Alan Rothman of Kaye Scholer LLP.
Two recent decisions in the Fifth Circuit and the Federal Circuit involving Kellogg Brown & Root Services Inc. dealt with vicarious liability under the Anti-Kickback Act for subcontractor kickbacks accepted by KBR’s employees. Both decisions are flawed, but they should alert contractors to a serious need to revisit ethics and compliance programs to address kickback situations, says John Pachter of Smith Pachter McWhorter PLC.
Proposition 6 and its related enabling legislation provide a unique opportunity for Texas to begin addressing its significant water infrastructure needs. But, as with any ambitious plan, the program faces a variety of challenges, including achieving a proper (and politically acceptable) balance between urban and rural needs and navigating through ongoing water rights disputes, say C. Brian Cassidy and Brian O’Reilly of Locke Lord LLP.
Five years ago, the Federal Trade Commission waded into the debate regarding the competition issues posed by “follow-on biologics.” Some three years after Congress provided a pathway for approval of such products, no follow-on biologic has been approved by the U.S. Food and Drug Administration. Now the FTC is revisiting the issue — particularly state restrictions, say attorneys with Wilson Sonsini Goodrich & Rosati.
Two line items — overhead and profit — in roof replacement insurance claims are causing considerable debate in Texas, as neither Texas law nor the Texas Department of Insurance has provided determinative guidance. Use competitive roof replacement bids submitted by reputable roofing contractors, rather than estimates generated by computer software, to determine the appropriate claim measure, says Todd Tippett of Zelle Hofmann Voelbel & Mason LLP.
The connection between Houston, Texas, and Philadelphia for value-added energy- and refining-related activity is palpable. Companies like Shell, Chevron, ExxonMobil and many others with a strong Houston presence are connecting to Pennsylvania, and we are just seeing the tip of the iceberg, says Michael Krancer of Blank Rome LLP.
A fierce debate has now emerged over whether the phrase "exceeds authorized access" in the Computer Fraud and Abuse Act applies to violations of internal computer use policies. With circuits lining up on both sides of the argument, it appears that this issue may be ripe for a decision by the U.S. Supreme Court, say Brandon Krajewski and Steven Berryman of Quarles & Brady LLP.
With the onslaught of wage-and-hour litigation in recent years, employers are sometimes bullied into settlements. But Moore v. Citgo Refining & Chemicals Co. shows that defendants can succeed by holding the plaintiffs' feet to the fire and forcing them to participate in discovery, say John Collins and Rachel Hoffer of Seyfarth Shaw LLP.