• July 21, 2017

    Texas Groups Seek to Block Release of Voter Data

    The Texas NAACP and the League of Women Voters of Texas filed suit Thursday against state election officials to prevent the transfer of personal voter data to the Presidential Election Commission, arguing those officials have indicated they will hand over the information in a way that violates state laws.

  • July 21, 2017

    5th Circ. Won't Revive $10M Warehouse Fire Coverage Suit

    The Fifth Circuit on Thursday shot down a Florida warehouse owner’s claim that Alterra American Insurance Co. owed it $10 million for underinsuring its warehouse, saying the owner's legal claims did not pass muster in multiple states.

  • July 21, 2017

    20 Democratic AGs Ask Trump To Defend DACA Program

    A group of 20 Democratic attorneys general asked President Donald Trump on Friday to defend the Obama administration program allowing unauthorized immigrants who arrived as children to stay in the U.S., a request that came against a backdrop of opposition from some Republican state AGs and an uncommitted White House.

  • July 21, 2017

    Wash. Expands Biometric Privacy Quilt With More Limited Law

    A newly enacted Washington state law governing the collection and use of consumers’ biometric information is seen as a more business-friendly alternative to an Illinois law that has provoked a flurry of consumer suits, and may stand as a model for states to emulate in future legislation, experts say.

  • July 21, 2017

    Texas Judge Questions Arbitration For 'Indirect Customers'

    A Texas federal judge on Friday questioned whether he can decide if investors who bought shares in bankrupt biotech firm Palmaz Inc. should be considered “indirect customers” of investment firm Jefferies LLC before determining whether the matter should be arbitrated.

  • July 21, 2017

    Biz Groups Continue 5th Circ. Attack On DOL Fiduciary Rule

    Several financial and insurance industry groups, including the U.S. Chamber of Commerce, urged the Fifth Circuit on Thursday to rule against the U.S. Department of Labor’s fiduciary rule for retirement account advisers, saying the rule’s definition of a fiduciary “defies centuries of precedent.”

  • July 21, 2017

    Latino Lawmakers Ax Texas Event Over Sanctuary City Law

    The National Hispanic Caucus of State Legislators won't be hosting its annual conference in Texas later this year as planned, becoming the latest organization to move a convention out of the state in response to a controversial “sanctuary cities” law that opponents say undermines due process and scapegoats immigrants.

  • July 21, 2017

    FCA Relators Can’t Self-Represent, 5th Circ. Rules

    The Fifth Circuit on Thursday affirmed the dismissal of a False Claims Act suit alleging a theft scheme at a federal prison facility, ruling that because they act on behalf of the government, relators cannot represent themselves in FCA cases.

  • July 21, 2017

    EEOC Says Manufacturer Would Only Hire Hispanic Workers

    The U.S. Equal Employment Opportunity Commission accused a Texas-based fiberglass conduit and strut manufacturer on Thursday of discriminating against a class of applicants seeking laborer jobs by declining to hire them because they are not Hispanic.

  • July 21, 2017

    KeyBank Loans $142M To Nonprofit Harmony Housing

    Nonprofit Harmony Housing has scored a $142.4 million loan from KeyBank Real Estate Capital, most of which is for a portfolio of affordable rental properties in Florida, Texas and elsewhere, according to an announcement on Thursday from KeyBank.

  • July 21, 2017

    Ex-ArthroCare CEO Can't Escape Wire Fraud Claims

    A Texas federal judge on Thursday refused to toss wire fraud allegations against the former chief executive of ArthroCare, the medical device company that purportedly deceived investors by artificially inflating sales.

  • July 21, 2017

    Citing Deal, Texas Justices Toss Bus Monitor's Disability Suit

    The Texas Supreme Court on Friday granted a joint request from Dallas County Schools and a fired bus monitor who alleged disability discrimination, and vacated its May ruling that had reinstated a $160,000 jury award for the monitor citing a settlement between the parties.

  • July 21, 2017

    Texas High Court Won't Review Ex-US Rep's Suspension

    The Texas Supreme Court on Friday declined to review a former U.S. representative and defense attorney’s argument that his law license was wrongly suspended for 18 months after a scheduling conflict with two impending trials.

  • July 20, 2017

    Texas Partnership Ruling Lets Midstream Cos. Breathe Easier

    When it wiped out a $535 million judgment in a closely watched pipeline partnership dispute, a Texas appellate court this week reassured a shaken midstream energy sector its companies can rely on the steps they take to disclaim creating a partnership, experts say.

  • July 20, 2017

    Lawyer Group Blasts Issa's Attack On Gilstrap's Venue Rules

    The American Board of Trial Advocates on Wednesday castigated a House member who said it was "reprehensible" that Eastern District of Texas Judge Rodney Gilstrap recently issued a ruling that may keep patent cases in his district, saying politics "has no place in our courts."

  • July 20, 2017

    Dish, Others Hit With Suit Over Data Compression Patents

    Cloud backup company Realtime Data hit Dish Network, Echostar and Arris Group with a lawsuit in Texas’ Eastern District on Thursday accusing the companies of infringing eight patents that cover methods for faster and more efficient data compression systems.

  • July 20, 2017

    Texas Inmates Need Relief From Summer Heat, Judge Rules

    A federal judge on Wednesday ruled that Texas must provide relief from high summer temperatures for inmates at a geriatric and medical prison, granting a preliminary injunction to a certified class of prisoners suing the state over exposure to sweltering indoor temperatures, which they say violates their constitutional rights.

  • July 20, 2017

    Enviros Sue EPA Over Challenges To Texas Plant Permits

    Environmental groups hit the U.S. Environmental Protection Agency with a handful of lawsuits in D.C. federal court Thursday, alleging that the agency has ignored petitions asking that it object to state permits for petroleum refineries and a coal-fired power plant in Texas on the ground that they allow too much air pollution.

  • July 20, 2017

    Bar Code Co. Gets Patent Suit Moved Under TC Heartland

    A South Carolina federal judge sent a patent suit against The Code Corp. over bar code reader technology to Utah this week, while a judge in Delaware noted a “growing consensus” among courts that the U.S. Supreme Court’s recent TC Heartland decision on venue was not a change in the law.

  • July 20, 2017

    Charges Expanded For 6 In Chimera Stock Inflation Scheme

    Six of the seven individuals who were indicted earlier this year for their roles in a $6 million stock manipulation scam involving Chimera Energy Corp. had their charges expanded Wednesday when a grand jury returned a superseding indictment saying that the scam actually involved at least 12 companies and $25 million.

Expert Analysis

  • OFAC Continues To Pursue Oil And Gas Companies

    Michael Casey

    The ExxonMobil penalty is the latest in a string of recent, increasingly aggressive U.S. Treasury Department Office of Foreign Assets Control enforcement actions targeting nonfinancial institutions and particularly entities operating in the oil and gas industry, say attorneys with Ropes & Gray LLP.

  • The Elephant In The Room: Advancing Women To Partnership

    Anusia Gillespie

    Despite more focus and investment, the numbers continue to show little progress in advancing women to the top tiers of firm leadership. Considering the irreversible nature of the transformation of the market for top talent, it is time to start experimenting and innovating from the core, rather than from the periphery, say Anusia Gillespie and Scott Westfahl of Harvard Law School.

  • How Midsize Law Firms Can Minimize Cybersecurity Threats

    K. Stefan Chin

    It can be challenging for midsize law firms to develop an enterprise cybersecurity program that mitigates the eminent threat of data breach and meets the regulatory and compliance requirements of the firm and its clients. This challenge becomes daunting when considering the steady rise in client audits, say K. Stefan Chin of Peckar & Abramson PC and John Sweeney of Logicforce.

  • Heller Sequels And 2nd Amendment, Still Undecided: Part 1

    Robert Ludwig

    In the first installment of this three-part series, attorney Robert W. Ludwig takes a deep dive into the controversial history of Second Amendment jurisprudence.

  • Why Amazon Is Taking To The Skies

    Dana Hobart

    Logistics companies like FedEx and UPS are considering holiday surcharges to help deliver the dizzying number of packages consumers buy online. The launch of Amazon's dedicated air cargo fleet will allow the e-commerce giant to hold its own shipping prices steady, and may portend a day when it cuts out the middlemen entirely, says Dana Hobart of Buchalter.

  • Weekly Column

    Innovating For Wise Juries: Matching Experts

    Stephen Susman

    In the penultimate installment of this series, Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project answer a question on many legal analysts’ minds: What if both sides’ expert witnesses sat in a hot tub discussing the case while a jury watched?

  • Rebuttal

    The Rise Of Midsize Firms

    Ronald Shechtman

    Recently, this publication featured an op-ed in which one law firm partner contended that midsize firms will be the next casualty of the legal market, due to a supposed inability to compete with BigLaw or boutique firms for business. Though we can expect to see Am Law firms continue to lead the market in megadeals and life-or-death litigations, by all indications midsize is on the rise, says Ronald Shechtman of Pryor Cashman LLP.

  • War Of The Employment Class Waivers: 6th Circ. Weighs In

    Jeffrey Ranen

    With its recent decision in National Labor Relations Board v. Alternative Entertainment, the Sixth Circuit created an even three-to-three circuit split over the enforceability of class action waivers in employment arbitration agreements. Jeffrey Ranen and William Sung of Lewis Brisbois Bisgaard & Smith LLP examine the divide in the circuit courts up to this point, and predict how the U.S. Supreme Court will rule on this issue.

  • Texas High Court Ruling Sows Confusion On Mineral Deeds

    Thomas Ciarlone Jr.

    In June, the Texas Supreme Court disturbed long-standing rules for interpreting mineral deeds and conveyances in its decision in Wenske v. Ealy. This ruling has the potential to open the floodgates to a large volume of new litigation challenging the allocations of royalty burdens among mineral lessors, says Thomas Ciarlone Jr. of Kane Russell Coleman Logan PC.

  • 5 Questions To Ask Yourself Before Submitting Litigation AFA

    Gregory Lantier

    Outside counsel should be able to articulate why she is proposing an alternative fee arrangement for this matter. If the client has not requested an AFA or the case is unusually difficult to budget with accuracy, this might not be the case to propose an AFA, say attorneys with WilmerHale.