Texas

  • February 27, 2015

    Texas Bar Slams Lawyer's Handling Of Daughter's Suit

    The State Bar of Texas on Thursday accused a Houston attorney of filing a frivolous personal injury suit on behalf of her daughter, during which she allegedly violated rules of procedure, improperly contacted the defendant directly instead of her attorney and lied to the court about receiving requests for evidence.

  • February 27, 2015

    Texas High Court Says Workers’ Comp Bars False Arrest Suit

    The Texas Supreme Court held Friday that a worker injured at an Asarco LLC plant is barred from pursuing malicious prosecution and other claims against his insurer and claims service provider, saying state workers’ compensation law requires that the disputes over his false arrest be heard in the Texas Department of Insurance.

  • February 27, 2015

    State Farm To Refund $353M Charged To Texas Customers

    State Farm Lloyds will refund $352.5 million to more than 1 million policyholders who were allegedly overcharged on their homeowners’ insurance, ending a 12-year dispute with the Texas insurance commissioner and the Office of Public Insurance Council, the parties announced Friday.

  • February 27, 2015

    Mid-Continent Must Cover Advertising Damages In IP Row

    Insurer Mid-Continent Casualty Co. must pay “advertising injury” damages in an intellectual property suit brought by an architectural firm against a bankrupt homebuilder that allegedly used its designs without permission, the Fifth Circuit said on Thursday.

  • February 27, 2015

    Texas High Court Won't Rehear Exxon Bonus Plan Suit

    The Supreme Court of Texas on Friday denied an appeal to rehear a former Exxon Mobil Corp. top executive's case against the company for stripping him of $5 million in nonvested stock rights when he joined a rival energy firm, re-confirming the court's decision granting employers more leeway in bonus plans.

  • February 27, 2015

    Beef Over Royalties For Unpatented Features Hits High Court

    Six electronics makers have asked the U.S. Supreme Court to undo a Federal Circuit decision affirming a $1 million jury verdict that they say wrongly includes royalties for a motherboard switch's unpatented elements and opens the door for an “improper damages model” on patent infringement cases.

  • February 27, 2015

    Ex-Aide To Texas Lt. Gov. Gets 7 Years For Embezzlement

    A onetime adviser to former Texas Lt. Gov. David Dewhurst was handed a seven-year prison sentence on Friday after admitting to charges of wire fraud, making a false tax return and embezzling more than $2.5 million in campaign funds. 

  • February 27, 2015

    Texas Justices Extend Clock For Suits Against Partners

    In an oil and gas investment dispute, the Texas Supreme Court on Friday held that the clock to sue business partners to recover partnership debt doesn’t start when the underlying cause of action accrues, but after a final judgment against the partnership is entered.

  • February 27, 2015

    Texas Judge Dismisses Fen-Phen Conspiracy Suit As SLAPP

    A Houston judge this week dismissed a lawsuit filed by the law firm Fleming Nolen & Jez LLP under the state's anti-strategic lawsuit against public participation statute, after it alleged two other Houston firms and five attorneys conspired to intimidate and harass the managing partner into settling fen-phen diet drug related litigation.

  • February 27, 2015

    BP Asks 5th Circ. To Allow Clawbacks From $9.2B Settlement

    BP Exploration and Production Inc. on Thursday asked the Fifth Circuit for permission to claw back payouts it made under a since-overturned claims calculation that’s part of a $9.2 billion Deepwater Horizon settlement, saying individual releases don’t bar BP from obtaining restitution.

  • February 27, 2015

    Texas High Court Won't Touch $1B Dallas Back Pay Suits

    The Texas Supreme Court on Friday declined to weigh in on a state appellate court’s decision to allow Dallas first responders to move forward with their claims for $1 billion in back pay, returning their cases to a state trial court.

  • February 27, 2015

    High Court Told Land Seizure Trampled Due Process Rights

    A Texas man has asked the U.S. Supreme Court to review whether his due process rights were violated when the state government allegedly seized his land without notifying him and he was barred from recovering it by the Texas tax code’s statute of limitations.

  • February 27, 2015

    SIFMA Tells 5th Circ. Repose Law Kills FDIC's $2B RMBS Suit

    The Securities Industry and Financial Markets Association on Wednesday asked the Fifth Circuit to find that the extender statute for certain Federal Deposit Insurance Corp. claims doesn’t preempt state statutes of repose, in a $2.1 billion residential mortgage-backed securities case targeting Goldman Sachs & Co. and several other banks.

  • February 27, 2015

    Judge Urged To See If Obama Defying Immigration Injunction

    Arizona Sheriff Joe Arpaio asked a Texas federal court Friday to hold an emergency hearing to order the federal government to show cause whether it is complying with the injunction blocking the president’s deportation relief policies, saying media reports suggest that the executive branch is forging ahead anyway. 

  • February 27, 2015

    Signal Slams Court For Muzzling Expert In Trafficking Case

    Signal International LLC said Thursday a Texas magistrate judge was wrong to limit testimony from its human trafficking expert, arguing the professor’s opinions can bring some context to accusations the shipbuilder coerced Indian citizens into U.S. work camps.

  • February 27, 2015

    Kuwaiti Caterer’s $10M Row With KBR Will Go To Arbitration

    KBR Inc. and its former Kuwaiti catering subcontractor have agreed to bring a $10 million dispute over an allegedly forced settlement before a division of the American Arbitration Association, according to documents filed in Texas federal court Thursday.

  • February 27, 2015

    Valero Drops Texas, La. Terminals Down To MLP For $671M

    Valero Energy Partners LP said Friday it's agreed to pay $671 million for crude oil and petroleum terminals in Texas and Louisiana from subsidiaries of its general partner Valero Energy Corp.

  • February 27, 2015

    Concho Unveils $650M Upsized Stock Offering Amid Oil Slump

    Oil and gas driller Concho Resources Inc. said Thursday it is looking to raise $650 million in an upsized stock offering of 6 million shares following a stream of Texas drillers tapping the public markets amid low oil prices.

  • February 27, 2015

    Bad Buys Drive Houston Health System Into Bankruptcy

    University General Health System Inc., a diversified health provider beset by creditor collection efforts at its flagship Houston hospital, filed for bankruptcy protection on Friday after a series of failed acquisitions, burdensome managed care deals and allegedly inflated revenue estimates.

  • February 27, 2015

    Ericsson Says Apple Is Infringing 41 Essential Patents

    Ericsson Inc. on Thursday filed seven lawsuits in a Texas federal court against Apple Inc., saying the tech giant’s popular iPhone, iPad and other products infringe 41 of Ericsson’s standard-essential patents, following a breakdown in license negotiations between the parties.

Expert Analysis

  • This Week In Congress: Netanyahu's Controversial Visit

    Richard A. Hertling

    As predicted, Congress managed to avoid a Department of Homeland Security shutdown, but the continuing resolution was shorter than expected. Both chambers will need to spend time this week trying to resolve the funding issue. Meanwhile, other issues remain up in the air as attention turns to Iranian nuclear development, with the Israeli prime minister scheduled to address Congress on Tuesday, say members of Covington & Burling LLP.

  • What Amazon Giveaway Means For Sweepstakes Laws

    S. Gale Dick

    Having radically reshaped publishing, retail and digital content, Amazon in February showed its intent to do the same to sweepstakes. Yet Amazon Giveaway's rules are notable in that they eschew many of the precautions taken by promoters of nationwide sweepstakes concerned with running afoul of antiquated state lottery laws, say attorneys with Cohen & Gresser LLP.

  • St. Joseph Demonstrates Challenges For Breach Plaintiffs

    Doug Meal

    A Texas federal court's recent decision in Beverly T. Peters v. St. Joseph Services Corp. highlights the emerging majority view in data security breach cases that the mere heightened risk of future misuse of stolen data is too speculative to create standing for the purposes of Article III, say attorneys with Ropes & Gray LLP.

  • 2 Years Of Clapper: Takeaways From 12 Data Breach Cases

    Andrew Hoffman

    Feb. 26 marks the two-year anniversary of the U.S. Supreme Court’s decision in Clapper v. Amnesty International USA. Federal district courts in at least 12 data breach cases have applied Clapper, and while the majority have concluded that Clapper mandates dismissal for a lack of standing, some courts have found that standing exists, says Andrew Hoffman of InfoLawGroup LLP.

  • Additional-Insured Concerns Surface In Deepwater Horizon

    Micah E. Skidmore

    The Texas Supreme Court's recent ruling in the matter of Deepwater Horizon will inevitably prompt more questions regarding the importance of “certificates of insurance” as well as how explicit a reference within an insurance policy must be or what nexus that reference must have with a coverage limitation before additional-insured status is circumscribed, says Micah Skidmore of Haynes and Boone LLP.

  • Don't Forget About Publicity Rights In Estate Planning

    Barbara Wahl

    As "The Imitation Game" — the recent Oscar-winning movie about English code-breaker Alan Turing — demonstrates, there’s no telling whose life and image may get the Hollywood treatment after they are gone. Modern estate planning should account for this potential asset, says Barbara Wahl of Arent Fox LLP.

  • US Immigration Policy: Adventures In Fantasyland

    Robert S. Groban Jr

    As Tom Friedman observed, the world is increasingly flat. Right now, we have an immigration system, largely created in 1952, that has erected barriers that prevent us from being a more effective competitor in the economic wars of the 21st century. This needs to be the focus of the great immigration debate or we run the real risk of a pyrrhic victory at the border, say experts with Epstein Becker & Green PC.

  • This Week In Congress: Avoiding A DHS Funding Showdown

    Richard A. Hertling

    One major change in the debate over U.S. Department of Homeland Security funding — which expires this Friday — is that a Texas federal district judge has issued an injunction against the Obama administration’s immigration policy, essentially putting it on hold. This may be an opportunity for the Senate to avoid the policy riders and pass a clean funding bill, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • In-House Counsel's Dirty 'Little' Secret: Data Leakage

    Jennifer Topper

    Not every data breach is a massive headline-grabbing theft of consumer credit card information. As significant as these events may seem, the more dangerous and prevalent threats are the least visible — occurring through "data leakage." Put simply, this is raw meat awaiting a strike by the plaintiff’s bar, says legal industry adviser Jennifer Topper.

  • Who Flips The Switch?

    Nancy Saracino

    The energy sector faces significant change, driven by factors ranging from shifting sources of electricity generation, to commercialization of emerging technologies and the experimentation with new market models. In many cases, however, there’s no clear policy as to whether the federal government or the states have jurisdiction, say attorneys with Crowell & Moring LLP.