• May 25, 2017

    TC Heartland Adds To Fed. Circ. Losing Streak At High Court

    In its blockbuster ruling this week restricting where patent infringement suits can be filed, the U.S. Supreme Court issued yet another blow to the Federal Circuit in an ongoing battle over whether the court is reading too much into statutes and creating too many elaborate rules for patent law.

  • May 25, 2017

    Texas Doctor Can’t Dodge Suit Over Stillborn Baby

    A Texas appeals court on Thursday declined to dismiss a suit accusing a doctor of negligent treatment of a pregnant woman that purportedly led to the death of her baby, saying the patient submitted plausible expert witness testimony.

  • May 25, 2017

    5th Circ. Remands Texas Credit Card Surcharge Case

    The Fifth Circuit on Thursday sent a case challenging a Texas law that bars retailers from imposing credit card surcharges back to a lower court following a U.S. Supreme Court ruling that a similar statute in New York may have unconstitutionally restricted merchants’ free speech rights.

  • May 25, 2017

    Hospitals Ask Texas Justices To Block Insurance Discovery

    Two Texas hospital chains on Wednesday told the Texas Supreme Court hospitals across the state can be held hostage by uninsured patients if the court doesn’t reverse a trial court order requiring a Houston area hospital to disclose its insurance reimbursement rates.

  • May 25, 2017

    Haynes And Boone Bolsters Tax Practice With Dallas Partner

    Haynes and Boone LLP has hired away the former director of Deloitte LLP's Washington national tax practice group, who will be joining the firm's Dallas office as a tax partner.

  • May 25, 2017

    Houston Law Prof Can't Revive Amicus Filing Defamation Suit

    A Texas appellate court held Thursday that a Houston law school professor can’t revive a defamation suit against a family law attorney who complained after the professor penned an amicus letter opposing her litigation position.

  • May 25, 2017

    5th Circ. Upholds Tax Preparer’s IRS Obstruction Conviction

    A Fifth Circuit panel upheld a Texas tax preparer’s conviction for obstructing the work of the Internal Revenue Service on Wednesday, rejecting her “narrow interpretation” of the law at issue but slightly loosening an order that she begin paying restitution while behind bars.

  • May 25, 2017

    Promoter Slams Yahoo March Madness Fee Win At 5th Circ.

    A promoter and prize insurer Wednesday asked the Fifth Circuit to reverse a more than $913,000 attorneys' fees award to Yahoo after it successfully defended against a suit over a scrapped $1 billion NCAA March Madness contest, saying the lower court misapplied state-court precedent.

  • May 25, 2017

    Ex-District Judge In Texas Cleared In Campaign Bribery Case

    A former state district judge in Texas, who had to leave the bench and had her law license suspended following her conviction on nine felony charges for bribery and money laundering, was declared innocent Wednesday, acquitted of all charges after the state agreed the evidence couldn't support her conviction.

  • May 25, 2017

    Ex-Chevron Contractor Can't Use, Share Permian Basin Docs

    Chevron USA Inc. won a temporary restraining order in Texas federal court on Wednesday barring an ex-contractor from using or sharing information in more than 8,000 confidential and proprietary documents related to its Permian Basin investments that the oil and gas giant says he stole.

  • May 25, 2017

    ExxonMobil Wants Nearly $20M Refinery Penalty Eliminated

    Exxon Mobil Corp. on Wednesday told a Texas federal court that a nearly $20 million civil penalty imposed over allegations that it emitted millions of pounds of air pollution from a complex in a Houston suburb “has no economic validity,” arguing that the judgment should be recalculated or eliminated.

  • May 24, 2017

    Timing Key For Cos. Hoping To Flee EDTX Post-TC Heartland

    Now that the U.S. Supreme Court has limited where patent suits can be filed, accused infringers in cases underway in the Eastern District of Texas may be able to use the decision to escape to more favorable venues, but it will depend on how long the case has been pending.

  • May 24, 2017

    State AGs Set Data Security Bar With Record $18.5M Pact

    State attorneys general flexed their privacy muscles Tuesday with a record $18.5 million settlement with Target over the retailer's 2013 data breach, highlighting not only a growing willingness to band together to tackle such issues, but also a desire to lay out specific standards that other businesses would be wise to follow.

  • May 24, 2017

    Thompson & Knight Adds Trial Partner From Jones Day

    Thompson & Knight LLP added a trial partner with a focus on high-stakes litigation, particularly in the health care and oil and gas industries, to its Austin, Texas, office from Jones Day, the firm announced Wednesday.

  • May 24, 2017

    Charity Group’s NFL Fraud Suit Will Stay In Federal Court

    A Texas federal judge refused a nonprofit's request to send back to state court a lawsuit it brought against the National Football League alleging its Las Vegas charity event was wrongly moved by the league after concerns regarding its gambling rules were raised, holding the NFL hadn't missed the 30-day removal window.

  • May 24, 2017

    Baylor U., Ex-Staffer Settle Title IX Retaliation Lawsuit

    A federal judge in Texas agreed Tuesday to dismiss a Title IX retaliation lawsuit by a former Baylor University student financial aid administrator alleging she was fired after reinstating the scholarship of a football player she said was wrongly accused of sexual assault.

  • May 24, 2017

    5th Circ. Says Employment Suit’s Removal Was Out Of Line

    The Fifth Circuit has held a Texas investment firm had no objectively reasonable basis to move to federal court an employment dispute with a former personal assistant and ordered a federal district judge to consider whether the employee should be awarded attorneys’ fees.

  • May 24, 2017

    PE-Backed Kosmos Energy Unveils $290M Secondary Offering

    International oil and gas explorer Kosmos Energy Ltd. priced a $290 million secondary offering on Tuesday that will allow funds affiliated with Warburg Pincus LLC and The Blackstone Group LP to shed portions of their stakes in the company.

  • May 24, 2017

    Blue Spike Trims What Was Largest Ever US Patent Suit

    Blue Spike nearly halved the number of patents cited in its claims in Texas federal court against more than 100 Juniper Networks wireless products allegedly using its electronic watermark technology in what was previously the largest ever patent suit in the U.S.

  • May 24, 2017

    State AGs Announce $33M Deal With J&J Over OTC Drugs

    More than 40 state attorneys general on Wednesday announced they have reached a $33 million settlement with Johnson & Johnson and its subsidiary McNeil-PPC Inc. over misrepresentations made regarding the manufacturing practices of common, over-the-counter drugs that had to be recalled, including some children’s medicines.

Expert Analysis

  • Series

    Revisiting Affiliated Ute: A Rare Presumption In 11th Circ.

    Brian Miller

    The Eleventh Circuit has made clear that it will strictly construe the U.S. Supreme Court's Affiliated Ute decision as well as the omission language of Rule 10b-5(b). This will continue to present challenges to the plaintiffs bar in this circuit, say Brian Miller and Samantha Kavanaugh of Akerman LLP.

  • My Milkshake Is Better Than Yours: Part 2

    Jill Dessalines

    In the second installment of this two-part series on disruptive innovation among mid-size law firms, Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former senior vice president at McKesson Corp., explores a number of ideas for keeping clients and maintaining market position.

  • Noncompete Agreements Under Siege At The State Level

    James Hammerschmidt

    Compared with many other areas of labor and employment law, the law of noncompetition agreements has been relatively static with most changes coming in the form of court decisions. More recently, however, many states have turned their attention to noncompetes and considered significant procedural and substantive changes in how they are used and enforced, say James Hammerschmidt and Jack Blum of Paley Rothman.

  • The Next Steps For Biometrics Legislation Across The US

    Justin Kay

    This month, Washington became the third state after Illinois and Texas to enact its own legislation generally governing the collection, use and retention of biometric data. As biometric information becomes more commonplace, there appears to be a renewed focus on the Illinois law, as well as a new impetus in other states to pass similar laws, say Justin Kay and Brendan McHugh of Drinker Biddle & Reath LLP.

  • My Milkshake Is Better Than Yours: Part 1

    Jill Dessalines

    As I sat there listening, incredulous to learn that "Milkshake" was not only a real song but also a chart-topper, it reminded me of Harvard Business School Professor Clayton Christensen’s work on disruptive innovation — and how it pertains to mid-size law firms, says Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant general counsel of McKesson Corp.

  • And Now A Word From The Panel: MDL Forum Selection

    Alan Rothman

    In the latest installment of his column on the Judicial Panel on Multidistrict Litigation, Alan Rothman of Arnold & Porter Kaye Scholer LLP takes a closer look at how the panel decides to exclude a potentially related action from a new MDL proceeding, and at how the panel deals with forum selection clauses in contracts between parties in multidistrict claims.

  • The 1st Amendment Right To Pass Through Fees — And Taxes

    Eric Tresh

    The U.S. Supreme Court recently ruled that a New York statute that prohibits identifying a surcharge for credit card users regulates speech and is therefore subject to heightened scrutiny. The impact on how businesses collect or seek reimbursement for the costs of state and local taxes from their customers could be significant, say Eric Tresh and Alla Raykin of Eversheds Sutherland.

  • Series

    Revisiting Affiliated Ute: And Its Limits In The 5th Circ.

    Susanna Buergel

    Given the perceived higher hurdles to class certification, it is likely that counsel for plaintiffs in securities cases will seek to recharacterize their claims as omission claims to take advantage of the 45-year-old Affiliated Ute presumption. In the Fifth Circuit, that will be a challenging task, say attorneys with Paul Weiss Rifkind Wharton & Garrison LLP.

  • Back To The Fourco: High Court's New, Old Patent Venue Test

    Brian Ferguson

    For nearly 30 years, courts have liberally construed the patent venue statute. But no more — on Monday the U.S. Supreme Court reinstated its 1957 Fourco interpretation of the statute. This decision in TC Heartland will have a profound and immediate impact on patent litigation, say Brian Ferguson and Rahul Arora of Weil Gotshal & Manges LLP.

  • Series

    Revisiting Affiliated Ute: Back In Vogue In The 9th Circ.

    Michele Johnson

    While there are still very few district court decisions within the Ninth Circuit to have analyzed the relationship between the Affiliated Ute and the fraud-on-the-market presumptions of reliance since the U.S. Supreme Court’s 2014 Halliburton decision, plaintiffs are increasingly attempting to plead both theories, as demonstrated by several recent decisions, say Michele Johnson and Colleen Smith of Latham & Watkins LLP.