Texas

  • April 28, 2017

    Texas Justices Say RRC Lacks Sole Claim To Sabine Fight

    The Texas Supreme Court held Friday that the state's oil and gas regulator doesn't have exclusive jurisdiction over a landowner's radioactive contamination claims against Sabine Oil & Gas Corp., refusing to wipe out a $22.7 million arbitration award that was confirmed by a lower court.

  • April 28, 2017

    Texas High Court Revives Suit Over Gas Well Damage

    The Texas Supreme Court on Friday reversed a lower court’s decision to permanently toss a suit alleging a gas well was damaged during fracking operations, saying it was within a trial judge’s discretion whether to allow the plaintiff to refile the claim.

  • April 28, 2017

    Texas High Court Upholds Taxes On $162M In Stored Gas

    A split Texas Supreme Court on Friday affirmed the right of Harris County to tax $162 million worth of stored natural gas belonging to Energy Transfer Partners subsidiary ETC Marketing Ltd., upholding lower court rulings and rejecting ETC's argument that the gas is part of interstate commerce and not under local government purview.

  • April 28, 2017

    BP Keeps Gas Well Lease, Texas Supreme Court Rules

    The Supreme Court of Texas on Friday overturned a lower court and ruled that BP America Production Co. did have the right to a natural gas well lease in the state, deciding that the plain language of the contract allowed it to secure its continuation with a payment.

  • April 28, 2017

    No Immunity For Doc In Med Mal Row, Texas High Court Finds

    The Texas Supreme Court ruled Friday that a doctor did not qualify as an employee of the government under state law during her residency and would therefore have to face a suit over the death of a pregnant patient.

  • April 28, 2017

    Texas Justices Won't Revive Andrews Kurth Malpractice Suit

    Citing a lack of evidence, the Texas Supreme Court on Friday affirmed dismissal of a legal malpractice case where former clients of Andrews Kurth Kenyon LLP alleged that their lawyers' drafting of an unenforceable health care investment agreement and failure to designate damages experts resulted in a $6 million judgment against them.

  • April 28, 2017

    Dallas Leader Cleared Of Bribery, Gets Mistrial On Tax Fraud

    A Texas federal jury cleared Dallas County Commissioner John Wiley Price of bribery and mail fraud charges Friday, but deadlocked on four tax fraud-related charges, leading to a mistrial on those four counts and the potential he’ll have to face trial again.

  • April 28, 2017

    Health Hires: 8 Firms Add Health, Life Sciences Experts

    The last few weeks have seen Cooley LLP, DLA Piper, Faegre Baker Daniels Consulting, Fox Rothschild LLP, King & Spalding LLP, Nossaman LLP, Polsinelli PC and Porzio Bromberg & Newman PC expand their expertise in the health and life sciences worlds.

  • April 28, 2017

    OSHA Pulls Rule Letting Union Reps Join Walk-Throughs

    The Occupational Safety and Health Administration has rescinded a memo allowing union representatives to take part in workplace walk-throughs, the National Federation of Independent Business said on Thursday, dropping its legal challenge of the so-called Fairfax memo.

  • April 28, 2017

    Nurse Can't Show Transfer Was Demotion, Texas Court Says

    A nurse who sued her hospital employer alleging racial discrimination and retaliation after she was transferred within a neonatal intensive care unit hadn’t proved that her transfer was a demotion, a Texas state appellate panel ruled, upholding the hospital’s win.

  • April 27, 2017

    German Billionaire's Bid For $5M US Tax Break Is Nixed

    A Texas federal judge has rejected a German billionaire’s bid for a $5.2 million tax refund based on a German liability he claims should result in an additional credit for his 2002 return, saying the request is time-barred.

  • April 27, 2017

    Gibson Dunn Adds 6 Energy Partners In Houston

    Gibson Dunn added six partners from Baker Botts LLP who specialize in capital markets, mergers and acquisitions, finance and tax in the energy sector to its energy-focused Houston office, the firm announced Thursday.

  • April 27, 2017

    Nurses Seek Class Cert. In Dallas Hospital Chain FLSA Suit

    A Dallas nurse who brought a Fair Labor Standards Act collective action against Methodists Hospitals of Dallas in July — alleging the hospital system routinely docks nurses' pay for meal breaks the nurses do not take — on Thursday asked a federal judge in Texas for conditional certification.

  • April 27, 2017

    Holland & Knight Expands IP Practice With Ex-Quinn Atty

    Holland & Knight LLP is building an intellectual property presence in Dallas with the new addition of partner Robert S. Hill, an intellectual property litigation specialist who was formerly of counsel with Quinn Emanuel Urquhart & Sullivan LLP in Los Angeles.

  • April 27, 2017

    Fracking Tech Co.'s 'Reactive' TM Is Generic, Judge Rules

    A fracking technology company may not use the word “reactive” as a trademark in its product marketing, a federal judge in the Eastern District of Texas ordered Thursday, saying the word is generic.

  • April 27, 2017

    Imprisoned Real Estate Schemer Agrees To SEC Industry Bar

    A man jailed on state and federal charges for running a real estate Ponzi scheme has agreed to a request by the U.S. Securities and Exchange Commission to bar him from the securities business and increase the penalties for future violations, the agency said Thursday in Texas federal court.

  • April 27, 2017

    Enhanced Damages Stay In $19.2M Samsung Patent Ruling

    A Texas federal judge Thursday found a new Patent Trial and Appeal Board ruling was not grounds to cancel an enhanced damages award against Samsung Electronics Co. Ltd. in a patent suit brought by an intellectual property firm.

  • April 27, 2017

    Lexington Wins Right To Arbitrate Exxon Coverage Fight

    A Texas appellate court Thursday sided with Lexington Insurance Co. in its coverage dispute with Exxon Mobil Corp. over whether an umbrella policy provided Exxon coverage stemming from a deadly April 2013 fire at its Beaumont refinery, holding that an agreement between the parties calls for the claims to be arbitrated.

  • April 27, 2017

    Law Firm Can't Escape Dallas Jeweler's Extortion Suit

    A Texas federal judge ruled Wednesday that a law firm cannot escape a Dallas jeweler’s suit alleging it participated in a plot to extort money from his business, finding that the company presented sufficient facts so far to move forward with ​claims ​that the firm was part of the scheme.

  • April 27, 2017

    Exxon Must Pay Nearly $20M For Texas Refinery Pollution

    A Texas federal judge ruled Wednesday that Exxon Mobil Corp. must pay nearly $20 million in civil penalties for millions of pounds of air pollution from a refining and chemical complex in a Houston suburb, a win for environmental groups that saw their suit revived by the Fifth Circuit last year.

Expert Analysis

  • The Mediator’s Proposal As A Tool For Litigants

    Dennis Klein

    Mediators’ proposals, which call for an unconditional and confidential acceptance or rejection, are resolving high-value disputes on a regular basis. Dennis Klein of Critical Matter Mediation examines why this is happening and the tactical implications for litigants in anticipating that a mediator’s proposal could resolve litigation.

  • A Hollow Win For Ride-Sharing Cos. On Unionizing Drivers

    Daniel Handman

    When a federal judge in Seattle recently enjoined the city from enforcing parts of an ordinance allowing ride-sharing drivers to unionize, it was hailed as a major victory for a badly beaten industry. But that victory may prove to be fleeting, says Daniel Handman of Hirschfeld Kraemer LLP.

  • Expectations After The Trump Administration's First 100 Days

    Jim Flood

    In its first 100 days, the Trump administration has had mixed results and may be behind where it wants to be. The biggest threat to President Donald Trump’s domestic policy agenda beyond the first 100 days is the difficulty of reconciling the Freedom Caucus Republicans, moderate Republicans and Democrats, say Jim Flood and Cari Stinebower of Crowell & Moring LLP.

  • The 9-Year Winning Streak Of Virginia ‘Rocket Docket’

    Bob Tata

    Out of 94 district courts, the Eastern District of Virginia has been the fastest civil trial docket in the country for nine straight years. Without micromanaging the process, the EDVA's judges, magistrate judges, and clerks and staff continue to perform at a stunningly efficient level, says Bob Tata of Hunton & Williams LLP.

  • Employment Class Waivers: Which Came First, FAA Or NLRA?

    Bonnie Burke

    Until the U.S. Supreme Court determines whether mandatory arbitration agreements containing class action waivers are enforceable under the Federal Arbitration Act — despite any protections afforded by the National Labor Relations Act — a close reading of recent appellate decisions provides employers with guidance to overcome the current attacks on such agreements, say Bonnie Burke of Lawrence & Bundy LLC and Christina Tellado of Reed Smith LLP.

  • Opinion

    Let's Talk About Half-Hearted Innovation

    Michael Moradzadeh

    Allowing attorneys to telecommute may seem like a great fix for law firms. But without significant changes to the firm's culture, telecommuting is just a patch applied to the problem of attrition, says Michael Moradzadeh, founding partner of Rimon PC.

  • 10 Tips For Creating Winning Trial Visuals

    Kerri Ruttenberg

    Effective visuals require effective design. In her new book, "Images with Impact: Design and Use of Winning Trial Visuals," published by the American Bar Association, trial lawyer and Jones Day partner Kerri Ruttenberg discusses how to design and use visuals to help viewers understand, believe and remember the messages being conveyed.

  • Roundup

    Counsel To Counsel: Insights From Law Firm GCs

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    General counsel at four law firms share the biggest issues they face in an increasingly complex legal environment.

  • The 'State' Of The Gig Economy Under Trump

    Amy Strauss

    There is no question that America’s sharing economy is growing and showing no signs of slowing down. However, if the Trump administration continues its hands-off approach to worker misclassification issues, and court decisions create as much confusion as clarity, we may be forced to look to state legislatures to take control, says Amy Strauss of Fisher Phillips.

  • Monthly Column

    Gray Matters: The Attorney-Client Team

    Robert Creo

    A 1979 study of attorney-client interactions revealed startling information: Despite years of education and training to hone their legal expertise, attorneys were not acting as independent counselors but rather allowing their clients to control them. Our experience is that this trend has accelerated, say dispute resolution experts Robert Creo and Selina Shultz.