• June 23, 2017

    Texas High Court To Hear Row Against Payday Lender

    The Texas Supreme Court agreed Friday to hear a would-be class action from borrowers alleging payday lender Cash Biz LP broke the law when it filed criminal charges against them for unpaid debts.

  • June 23, 2017

    Texas Attorney Faces 3 Suits Totaling $1.7M For Barratry

    A Houston personal injury attorney has been hit with three barratry lawsuits with total claims equaling more than $1.7 million over the past three weeks, accusing him and his associates of, among other things, soliciting grieving families of car accident victims.

  • June 23, 2017

    Stalking Horse Fight Heats Up In Joe's Crab Shack Ch. 11

    The bankrupt parent company of Joe's Crab Shack traded barbs Friday with hospitality giant Landry's Inc. over the debtors’ choice to stick with a $50 million stalking horse bid from another competitor instead of accepting a $55 million offer from Landry’s ahead of a proposed Chapter 11 auction.

  • June 23, 2017

    DOJ Backs Texas In Litigation Over Sanctuary City Law

    The federal government showed its support for Texas on Friday in a lawsuit brought by municipalities and nonprofits challenging the constitutionality of a new state law set to go into effect in September banning so-called sanctuary cities, saying in a filing in Texas federal court that the law is legit.

  • June 23, 2017

    Texas Justices Split On Deed Interpretation In Royalty Row

    The Texas Supreme Court on Friday was closely divided in a suit involving competing royalty claims, with a majority holding deeds must be interpreted according to the parties’ intent, not under “rigid, arcane” rules of deed construction.

  • June 23, 2017

    Football Helmet Maker Blasts Riddell's Venue Arg In IP Row

    The maker of Schutt Sports football helmets blasted a bid by Riddell Inc. to dodge a suit alleging it infringed three helmet design patents, arguing Thursday that the Texas federal case is right where it belongs, as the rival companies clash with dueling infringement suits.

  • June 23, 2017

    Texas Justices To Hear Hospital's Insurance Discovery Row

    The Texas Supreme Court on Friday decided to hear oral arguments in a dispute between North Cypress Medical Center Operating Co. Ltd. and an uninsured patient in which the hospital is seeking reversal of a trial court's order requiring it to disclose insurance reimbursement rates.

  • June 23, 2017

    Exxon Not Liable For Workplace Fight Death: Texas Justices

    The Texas Supreme Court on Friday reversed a nearly $2 million jury verdict holding Exxon Mobil Corp. partly liable for a workplace fistfight that led to the death of an employee’s father, saying though the Texas judiciary does not have a formal framework for weighing an employer’s duty to control its workers, Exxon had no duty here.

  • June 23, 2017

    Texas High Court Says Contract Law Rules In Royalty Row

    The Texas Supreme Court ruled unanimously against Samson Exploration LLC on Friday and said the company must pay royalties for a gas well’s production to two pooled units of royalty owners, deciding a lower court was right to assert that contract law governed the overlapping obligation.

  • June 23, 2017

    Texas Justices Pass On Hospital's Bid To Overturn Verdict

    An East Texas hospital lost its bid to overturn a jury verdict and lower appellate ruling that it was negligent in the death of a woman who managed to jump out of an ambulance going 70 mph when the Texas Supreme Court declined Friday to take the case.

  • June 23, 2017

    5th Circ. Affirms Quantlab's $12.2M Trade Secrets Win

    The Fifth Circuit rejected the last efforts of a mathematician and an attorney found to have stolen high-frequency trading firm Quantlab Technologies Ltd.’s code to launch a competing firm, saying Thursday that Quantlab proved its code was a trade secret and fairly presented its damages proposal.

  • June 23, 2017

    5th Circ. Clears Teacher To Chase Bias, Retaliation Claims

    The Fifth Circuit said Thursday that a Texas public school teacher should not be blocked from pursuing discrimination and retaliation claims against her school district that were excluded from an earlier, since-dismissed lawsuit, ruling they were unready for adjudication during the prior case. 

  • June 23, 2017

    Rookie Judge Faces 'Trial By Fire' In Texas AG's Fraud Case

    The newly elected Harris County district judge who is now overseeing the felony securities fraud case against Texas Attorney General Ken Paxton is in store for a “trial by fire” that will force the rookie jurist to navigate choppy political waters and unclear law on the charges at hand, experts say.

  • June 23, 2017

    Texas Court Nixes $31M Suit Against Nursing Home Execs

    A Texas state appellate court has ruled that a lower court doesn’t have jurisdiction to handle a suit brought by a nursing home patient's daughter in which she tried to force the nursing home’s executives to pay a $31 million judgment she obtained against the now-bankrupt company that operated the facility.

  • June 23, 2017

    Texas Justices Won't Hear Bid To End Coach's Bias Suit

    The Texas Supreme Court on Friday denied a request from the University of Texas at Austin to review a lower appellate court's May 2016 ruling allowing a former track coach, who alleges she was forced out over a years-past relationship with a student, to bring her discrimination lawsuit.

  • June 23, 2017

    Forestar Calls Upped DR Horton Offer 'Superior' To Rival Bid

    Forestar Group Inc. said Friday that an increased offer from D.R. Horton to purchase 75 percent of the real estate development company for around $568 million was superior to a bid made by Starwood Capital Group that would mean a higher total price but take the company private.

  • June 23, 2017

    Texas Justices Say Noble Can't Ditch $63M Cleanup Indemnity

    The Texas Supreme Court on Friday held Noble Energy Inc. must indemnify ConocoPhillips Co. for $63 million in environmental cleanup costs under an indemnity agreement that wasn’t disclosed when Noble’s predecessor bought oil and gas assets during a Chapter 11 bankruptcy.

  • June 23, 2017

    Exxon Not Liable For Lost Profits On Canceled Propane Deal

    A Fifth Circuit panel on Thursday agreed with Exxon Mobil that it did not owe damages to an insurance company stemming from losses the insurer had to cover when Exxon halted a propane contract because of a fire at a plant, deciding that the contract’s provisions specifically forbid recovery.

  • June 22, 2017

    Ex-Energy Co. CEO Gets 2 Years For Embezzlement Scheme

    The former CEO of a Texas energy company was sentenced Thursday to two years in prison, after he admitted to embezzling at least $450,000 from the company through faked invoices and reimbursements for personal expenses.

  • June 22, 2017

    ND, Texas File Brief Supporting EPA Methane Rules Delay

    The states of North Dakota and Texas on Wednesday filed a brief in support of the U.S. Environmental Protection Agency’s decision to put on hold and revise parts of a rule aimed at curbing methane emissions, saying that the agency properly exercised its discretion in issuing the stay.

Expert Analysis

  • Opinion

    Justice Kennedy's Moderating Influence On The High Court

    Nan Aron

    The guessing game around Justice Anthony Kennedy’s possible retirement is reaching a crescendo. Yet the speculation does more than fuel bookmakers’ odds. It draws attention to his pivotal role as the court’s swing vote, says Nan Aron, president of Alliance for Justice.

  • Weekly Column

    Innovating For Wise Juries: Juror-Posed Questions

    Roy Futterman

    One way to combat juror confusion and boredom is to allow jurors to ask witnesses questions. No federal evidentiary or court rule prohibits it, and every federal circuit court to address the practice has held it permissible, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Texas Steel Bill Raises Questions For Construction

    Brian Gaudet

    Texas Senate Bill 1289 requires the use of domestic iron and steel for public infrastructure projects in the state. But given the higher price of U.S.-sourced steel, the bill would increase project costs significantly, likely resulting in fewer capital improvements, and possibly impacting construction-related jobs, say Brian Gaudet and Traci Donatto of Coats Rose PC.

  • Tips For Complying With ABA’s New Encryption Guidance

    Nick Holda

    Last month, the American Bar Association published revised guidance regarding an attorney’s duty to protect sensitive client material in light of recent high-profile hacks. The first step in compliance is understanding how your data is being stored and accessed. There are three key questions you should ask your firm’s information technology staff and/or external solution vendors, says Nick Holda of PreVeil.

  • Looking At The Limitations Of The Delay Exclusion

    Hilary Henkind

    Read literally, the delay exclusion contained by many commercial property policies would preclude coverage for any loss of revenue incurred, even if the delay is a direct result of a covered cause of loss. However, case precedent shows that it is necessary to reconcile the delay exclusion with the business income or extra expense coverage grant, says Hilary Henkind of Mound Cotton Wollan & Greengrass.

  • OSHA's Multiemployer Citation Policy: A Changing Landscape

    Michael Abcarian

    The Occupational Safety and Health Review Commission's recent decision in Secretary of Labor v. Hensel Phelps Construction has immediate implications for construction employers in Texas, Louisiana and Mississippi, and could preview a split among federal circuit courts regarding the secretary of labor’s enforcement powers under the Occupational Safety and Health Act, says Michael Abcarian of Fisher Phillips.

  • Series

    FERC At 40: A Look Back And Ahead

    Daniel Hagan

    Forty years ago, the Federal Energy Regulatory Commission was created as the successor to the Federal Power Commission. Daniel Hagan and Jane Rueger of White & Case LLP review how FERC has dealt with historic changes in the natural gas and electric power markets over the last four decades, and consider the evolving energy landscape the commission will face in coming years.

  • Weekly Column

    Innovating For Wise Juries: Preliminary Instructions

    Richard Lorren Jolly

    One of the easiest ways to improve civil jury trials is to give juries substantive instructions on the law at the beginning of the trial rather than at its conclusion. It is also one of the most popular proposals we are recommending, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Due Diligence From The Lateral Partner’s Perspective

    Howard Flack

    Lateral candidates looking to make the last — or perhaps only — move of their career cannot afford to just stand by and let a law firm’s vetting process unfold on its own, says Howard Flack, a partner at Volta Talent Strategies who previously led lateral partner recruiting and integration at Hogan Lovells.

  • Texas Affirms The Promise Of Off-Site Drilling


    It has become more and more common to see oil and gas operators drill their leases from off-site locations. Last month's decision by the Texas Supreme Court in Lightning Oil Company v. Anadarko E&P Onshore should be seen as a welcome development for operators seeking access to the surface overlying a neighboring lessee’s leasehold estate, say attorneys with Bracewell LLP.