A metal processing plant on Thursday argued that if the Texas Supreme Court affirms a jury’s damages award stemming from environmental contamination since cleaned up to meet regulatory standards, it will introduce industry confusion and create open-ended potential liability.
A Texas federal judge dismissed on Wednesday a suit involving wireless network patents developed by an ex-partner of Fish & Richardson PC that were asserted against Starwood Hotels & Resorts Worldwide Inc., after a deal was reached in the case.
Cheniere Energy Inc. said Wednesday that a subsidiary has inked a two-decade deal to sell 800,000 tons of liquefied natural gas per year to Indonesia’s state-owned PT Pertamina, its first customer for an LNG export terminal being developed in Texas.
Winston & Strawn LLP has expanded its global energy practice with the addition of a pair of oil and gas transactional partners to its Houston office who hail from Baker Botts LLP and Norton Rose Fulbright, the firm said Thursday.
America Movil could face forced asset sales based on findings from Mexico's telecom watchdog, while Kyle Bass' Hayman Capital unloaded the hedge fund's remaining stake in J.C. Penney.
Snack food giant Frito-Lay Inc. on Wednesday took shots at the U.S. Department of Labor’s administrative trial system for government contractors, telling a Texas federal judge the agency never had authority to request its employment data as part of a gender discrimination investigation.
A Texas appeals court said Thursday that an industrial engineering firm must face a general contractor's suit over allegedly flawed designs for a hazardous waste facility expansion, saying trial courts have broad discretion to extend the deadline for filing a required expert affidavit in such cases.
A group of investors including private equity firms Delos Capital LLC and Texas-based Satori Capital LLC have acquired paint, athletic surface and chemical coating manufacturer California Products Corp. for an undisclosed amount, the companies announced Thursday.
A Texas city urged the state’s highest court Wednesday to reject a lawsuit brought by a man who claims he suffered nerve damage to his wrists by an officer when he was handcuffed during an arrest, saying the case could open the state to an avalanche of litigation.
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 jury recently dealt the U.S. Securities and Exchange Commission a stunning defeat in federal court by finding Mark Cuban, the entrepreneur and owner of the Dallas Mavericks, not liable for insider trading. While the verdict may have resulted from adverse evidentiary rulings, reliance on a reluctant, foreign witness and jury nullification for a hometown celebrity, this loss may cause the agency to reevaluate its approach to trials and to seek friendlier venues for insider trading cases, say attorneys with Cadwalader Wickersham & Taft LLP.
If the Texas Commission on Environmental Quality receives permitting authority for greenhouse gas emissions as planned, affected Texas businesses will likely spend less time and money securing their GHG permits, and the ancillary issues that must be reviewed as part of the federal permitting process will not loom as large at the state level, say Anthony Cavender and Amanda Halter of Pillsbury Winthrop Shaw Pittman LLP.
While the Fifth Circuit's recent decision in TMM Investments Ltd. v. Ohio Casualty Insurance Co. is certainly pro-appraisal, the development of a significant body of appraisal case law in Texas may also be viewed as a positive development for appraisal more generally, says Kristin Suga Heres of Zelle Hofmann Voelbel & Mason LLP.
It is extremely unwise for in-house or outside counsel to sign a proof of claim form. Other courts may very well choose to follow the ruling by the U.S. Bankruptcy Court for the Southern District of Texas in In re Rodriguez, and the consequences of a waiver of the attorney-client and work product privileges can be devastating, says Howard Steinberg of Greenberg Traurig LLP.
Plaintiffs’ lawyers are adapting to courts’ historic skepticism toward data privacy suits by developing creative new legal theories. Their biggest challenge is overcoming the constitutional requirement that, to obtain standing in federal court, plaintiffs must show “an injury-in-fact” that is “concrete and particularized,” say Lisa Rickard of the U.S. Chamber of Commerce and Robert McKenna, co-head of Orrick Herrington & Sutcliffe LLP's public policy group and the former attorney general of Washington state.
Since the Texas Supreme Court rendered its opinion in State Farm Lloyds v. Johnson in 2009, hundreds of trial and appellate court pleadings have been filed seeking guidance and clarification as to the proper scope of appraisal post-Johnson — with no apparent definitive answer in sight, as illustrated by In re Texas Windstorm Insurance Association, says Jennifer Gibbs of Zelle Hofmann Voelbel & Mason LLP.
Since Fisher v. University of Texas did not result in the clarifying decision many had hoped for, the U.S. Department of Education and Department of Justice recently sought to explain that the Supreme Court did not change what colleges and universities must do to narrowly tailor their admissions programs to meet the compelling interest in diversity. But it must be noted that institutions may still need to alter their internal procedures, says Natasha Baker of Hirschfeld Kraemer LLP.
Just when many thought the relevancy and importance of the Public Regulatory Policies Act of 1978 were in jeopardy, changing conditions have again given the electric industry some pause. There is a growing sense that over-reliance upon a single approach to energy procurement by utilities or other entities may not be reasonable, says Alan Seltzer of Buchanan Ingersoll & Rooney PC.
The Federal Circuit recently explained that royalties should generally be based not on the entire product but instead on the smallest salable patent-practicing unit. But what if the smallest salable unit itself contains both patented and unpatented features? The Federal Circuit will likely be asked to clarify the point in the near term, given recent disparate district court opinions on the issue, say Bart Rankin and Jay Utley of Baker & McKenzie LLP.
Sometimes — as in the Arizona immigration case — the preemption question before the U.S. Supreme Court is about state legislation, and whether the state has power to legislate in an area that is already governed by federal law. But lately the question has been more often about litigation, and whether federal law prevents plaintiffs from bringing state law claims, says Jason Steed of Bell Nunnally & Martin LLP.