• October 18, 2017

    Monsanto Discovery Row In $40M Suit Goes To Texas Justices

    Helena Chemical Co. has asked the Texas Supreme Court to weigh in on a discovery dispute in a $40 million lawsuit brought by farmers alleging Helena's herbicide damaged their cotton crops, arguing that Monsanto Co. should be forced to hand over information that could show a different source of the damage.

  • October 18, 2017

    Texas State Sen.'s Securities Fraud Trial Abruptly Shelved

    Next week's planned trial of a Texas state senator for fracking-related securities fraud was abruptly called off by a judge Wednesday — over the strident objections of the lawmaker — after a co-defendant's lawyer announced he could no longer ethically represent his client.

  • October 18, 2017

    Credit Suisse Attacks $288M Highland Land Deal Fraud Loss

    As a Credit Suisse AG unit sought to upset a nearly $288 million judgment that held the bank liable for alleged bad faith in the refinancing of a Las Vegas luxury real estate property, a Texas appellate panel on Wednesday questioned whether the bank had a duty to review a property appraisal.

  • October 18, 2017

    Chevron Worker Cops To Credit Card Plot To Embezzle $1.8M

    An ex-Chevron Phillips Chemical Co. employee pled guilty Tuesday in Texas federal court to one count of wire fraud in connection with a scheme in which she used company credit cards to cheat the company out of $1.8 million.

  • October 18, 2017

    Texas AG Can't Overturn Ex-Employee's Win In Firing Row

    A Texas appellate court affirmed a jury's verdict in favor of a former office manager of the Texas Attorney General Office's Child Support Division who alleged she was fired after reporting a colleague was potentially committing insurance fraud, rejecting the AG office's argument there wasn't enough evidence to support the jury's finding.

  • October 18, 2017

    Texas Panel Says Bad Expert Report Dooms Amputation Suit

    A Texas appellate panel on Tuesday tossed a medical negligence suit claiming a hospital was responsible for the partial amputation of a woman's leg following a foot surgery, reversing a trial court's decision and holding that the patient's expert reports failed to link her injury to the conduct of the hospital.

  • October 18, 2017

    5th Circ. Backs Miss. Medical Center’s Win In Bias Suit

    A Fifth Circuit panel on Tuesday backed a lower court’s dismissal of a former University of Mississippi Medical Center employee’s race and gender discrimination suit, saying a rational jury could not infer she was “objectively qualified” for the senior position she applied for.

  • October 17, 2017

    Restasis Ruling Could Be Bad Sign For Tribal Patent Pacts

    Allergan suffered a major setback when a federal judge invalidated parts of four patents for the dry-eye drug Restasis, but the judge’s concerns about striking a deal with a Native American tribe to shield the patents from review at the Patent Trial and Appeal Board could reverberate beyond the East Texas courtroom.

  • October 17, 2017

    Tampering Flap Puts J&J Trial Attys Under Ethics Microscope​

    A Texas federal judge's referral to the U.S. attorney's office of witness tampering allegations in a bellwether trial over Johnson & Johnson hip implants is rare and could carry serious consequences, both inside the case and beyond, for company lawyers accused of indirectly pressuring a doctor for the plaintiffs, legal ethics experts say.

  • October 17, 2017

    Apple Patent Loss Lurches Up To $439M In VirnetX Suit

    A Texas federal judge tacked $137 million in fees and enhanced damages onto a $302 million verdict against Apple Inc. over claims it infringed VirnetX Inc.’s patents through Apple's FaceTime technology.

  • October 17, 2017

    Driver Reverses Not-Guilty Plea In Fatal Immigrant Smuggling

    The driver of a tractor-trailer in which 10 unauthorized immigrants died after being locked inside in extreme heat changed course Monday after entering into an agreement with the federal government and rescinded a not-guilty plea he had entered to the human smuggling charges in August.

  • October 17, 2017

    NFL Players Union Wins Bid To Halt Elliott Suspension

    A New York federal judge late Tuesday halted Dallas Cowboys star running back Ezekiel Elliott’s six-game domestic violence suspension, handing the players union a temporary win that reopens the door for Elliott to stay on the field this season.

  • October 17, 2017

    EU Probes Acetate Fiber JV Between Blackstone, Celanese

    Europe’s antitrust watchdog opened an in-depth investigation on Tuesday into a planned joint venture between Texas-based specialty materials company Celanese Corp. and private equity giant the Blackstone Group over concerns it could hurt competition in the market for acetate tow.

  • October 17, 2017

    Stock Trader Who Made Illegal Sales Loses In 5th Circ.

    A divided appeals court voted Monday to uphold a lifetime ban on penny stock trading and a $9.3 million penalty against a trader who was found to have violated a U.S. Securities and Exchange Commission rule, saying the lower court had significant leeway to rule as it saw fit.

  • October 17, 2017

    Former Texas Supreme Court Justice Robertson Dies At 96

    Former Texas Supreme Court Justice Theodore Zanderson “Ted Z.” Robertson — who also served the judiciary as a probate, juvenile, district court and civil appeals judge during his lengthy legal career — recently died in his sleep at his Dallas home.

  • October 17, 2017

    GE To Pay Feds While Selling Water Biz In Baker Hughes Deal

    The U.S. Department of Justice on Tuesday said that General Electric Co. has agreed to make payments to the government while it continues to unload a water treatment business, a sale the company agreed to in exchange for clearance of its $32 billion deal with Texas-based Baker Hughes.

  • October 16, 2017

    Insurer Needn't Defend In $105.7M Well Coverage Suit

    A Texas federal judge ruled Monday that ACE American Insurance Co. has no duty to defend an oil driller hit with a $105.7 million judgment after creating a well that became unusable, saying an exclusion applied to the entire well, and the driller's work couldn't be separated out from the rest.

  • October 16, 2017

    Union Lobs Counterclaims In Ezekiel Elliott Suspension Row

    The NFL players union won’t wait for the Fifth Circuit to rectify the “procedural limbo” it said the appeals court left it in to try to free Dallas Cowboys running back Ezekiel Elliott from a six-game suspension, urging the New York federal judge overseeing the NFL’s adjoining suit to grant it an emergency order blocking his suspension Monday.

  • October 16, 2017

    Dean Foods Gets TRO Blocking Ex-Exec From Rival Dairy

    A Texas state judge on Friday granted Dean Foods Co. a temporary restraining order blocking its former vice president of operations from working for a rival dairy company, after Dean Foods alleged the former executive was likely to disclose trade secrets and contact former customers in violation of employment agreements.

  • October 16, 2017

    Mattress Firm Sues 'Bed-In-A-Box' Co. For Allegedly False Ads

    Mattress Firm Inc. sued online mattress company Tuft & Needle on Monday in Texas federal court, accusing the so-called bed-in-a-box startup of smearing Mattress Firm's trademark with false advertising as it sought to break into the business.

Expert Analysis

  • Law Firms Must Transition To An Industry Sector Approach

    Heidi Gardner

    Clients are beginning to expect and even demand that their external lawyers provide advice that is tailored to the client's industry. Aside from this, law firms should want to move toward a sector approach because industry-focused groups are a natural place for cross-practice collaboration to flourish, say Heidi Gardner and Anusia Gillespie of Harvard Law School.

  • Navigating The Pitfalls Of Civil Investigative Demands

    Chris Browning

    In U.S. v. Dish Network, currently on appeal to the Tenth Circuit, the district court awarded statutory damages of $280 million in favor of the U.S. and the four plaintiff states. Buried among the thousands of pages of interlocutory orders issued by the district court is a warning that should be heeded by all parties that are the subjects of governmental investigations, say attorneys with Troutman Sanders LLP.

  • Sham Affidavits In Medical Product Liability: Part 2

    James Beck

    When a witness says one thing in a deposition, but later offers an affidavit directly contradicting the prior testimony, with no credible explanation, the U.S. Supreme Court has held that the affidavit should be disregarded. James Beck of Reed Smith LLP offers a survey of significant medical product liability cases in which both plaintiffs' experts and plaintiffs themselves have contradicted their own prior statements.

  • Series

    Judging A Book: Kozinski Reviews 'The Judge'

    Judge Alex Kozinski

    In their new book, "The Judge: 26 Machiavellian Lessons," do Ronald Collins and David Skover prove their thesis that hypocrisy is the key to judicial greatness? Some of the examples they present are hard to dispute, says Judge Alex Kozinski of the Ninth Circuit.

  • Opinion

    Tribal Immunity May Not Be Wonder Drug For Allergan

    Joshua Landau

    Even though four of Allergan’s patents were invalidated in the Eastern District of Texas on Monday, the inter partes reviews will likely continue. While the Saint Regis Mohawk Tribe's sovereign-immunity motion may succeed at the Patent Trial and Appeal Board, Congress can — and should — render this whole debate moot, says Joshua Landau, patent counsel at the Computer and Communications Industry Association.

  • Anti-Inversion Rule Down, But Not Out, With Texas Ruling

    Mary Monahan

    A Texas federal court recently struck down the temporary anti-inversion regulation charged with preventing the planned merger between Pfizer and Allergan as well as other cross-border transactions. The decision may have significant procedural implications, but there may be little practical import for this specific regulation, say attorneys with Eversheds Sutherland.

  • Financial Crisis Anniversary

    New Post-Recession Metrics For BigLaw Partner Success

    Peter Zeughauser

    After nearly a decade of recession-accelerated change in the legal industry, “merit-based” compensation has largely come to mean measuring attorney success using some combination of origination and working attorney hours metrics. However, there are signs that the real impact of the recession is still around the corner, and that building a book isn’t enough, says Peter Zeughauser of Zeughauser Group.

  • Hurricane Readiness And Response: The Hospitality Industry

    Karl Heisler

    There are lessons to be learned in how this year's hurricane readiness and response plans stood up to Hurricanes Harvey, Irma and Maria. Many in the hospitality industry are working to incorporate these lessons and revise their readiness plans before the next storm hits, says Karl Heisler of Katten Muchin Rosenman LLP.

  • Opinion

    Time To Lift Student Loan Counseling Restrictions

    Christopher Chapman

    While it lends more than $100 million each year to our nation’s college students — including law students — the U.S. Department of Education surprisingly limits loan counseling to one-time entrance counseling for first-time student borrowers. Is this rational? asks Christopher Chapman, president of AccessLex Institute, a nonprofit focused on access to legal education.

  • Adapting To Equal Pay Laws In Flux

    Charles Thompson

    New legislation aimed at closing the pay gap between men and women may undo business practices that, even if benevolently motivated, result in disparate pay. Despite this laudable objective, these laws create a litany of challenges for employers and may necessitate a wholesale revision of policies and practices related to employee compensation, says Charles Thompson of Polsinelli.