Texas

  • 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.

  • May 24, 2017

    Exxon Auditor Must Share Climate Docs: NY Appellate Court

    A New York appellate court on Tuesday upheld a decision to force ExxonMobil's outside auditor PricewaterhouseCoopers LLP to comply with New York Attorney General Eric Schneiderman's demand for documents in his probe of whether the oil giant lied to investors about the climate change risks to its business.

  • May 24, 2017

    Winstead Adds Transactional Partner In Dallas

    Winstead PC announced on Wednesday that it has added a transactional partner to its Dallas office's corporate, securities and mergers and acquisitions practice group.

  • May 23, 2017

    Texas County Sues State Over Sanctuary Cities Ban

    El Paso County urged a Texas federal court in a lawsuit filed Monday to block a new law passed by the Lone Star State banning so-called sanctuary cities, saying the law is “unprecedented, cruel and vague” and violates the U.S. Constitution.

  • May 23, 2017

    Apple, Nokia Deal Resolves Slew Of Video Patent Suits

    Apple and Nokia set aside their differences and reached a business deal to end sprawling patent litigation that accused the California-based iPhone maker of infringing 40 Nokia patents for video coding, compression and other technologies, the companies said Tuesday.

  • May 23, 2017

    Screen Manufacturers Settle In Long-Running LCD Patent Suit

    Eidos Display resolved its long-standing patent infringement dispute with another screen manufacturer, HannStar Display, over its use of technology meant to improve liquid crystal displays in Texas federal court Monday.

  • May 23, 2017

    5th Circ. Rejects Deepwater Settlement Calculations

    The Fifth Circuit on Monday rejected most of the formula BP used to determine the settlement it will pay a class of Gulf Coast businesses harmed by 2010’s Deepwater Horizon disaster, saying the calculation methods don’t match the settlement deal.

  • May 23, 2017

    Houston Atty Cleared In Libel Suit Over Trial Book He Wrote

    A Houston attorney who wrote a book characterizing his former client — who was slapped with a $20 million judgment — as a “monster” was vindicated Tuesday when a Texas appellate court tossed a libel suit brought against him by the famous family who had sued his client in the underlying lawsuit.

  • May 23, 2017

    Lilly's $20M Cialis Patent Verdict Stayed During Appeal

    A Texas federal judge on Tuesday stayed a $20 million judgment against Eli Lilly & Co. while the drugmaker appeals to the Federal Circuit the jury’s finding that Lilly infringed a German pharmaceutical company’s patent when marketing a new use of the erectile dysfunction drug Cialis.

  • May 23, 2017

    Prosecutors Fight Texas AG's Bid For New Judge

    Prosecutors in the felony securities fraud case against Texas Attorney General Ken Paxton on Tuesday told a state appeals court it should dismiss the AG’s attempt to oust the presiding trial judge.

  • May 23, 2017

    Insurer Says College Football Concussion MDL Not Covered

    Great American Assurance Co. asked a Texas court Monday to rule that the company doesn’t have to defend a National Collegiate Athletic Association conference against football concussion multidistrict litigation, saying the policy doesn’t cover football and that concussions are an “expected” injury on the gridiron.

  • May 23, 2017

    Houston Chef Says Restaurant's Noncompete Unenforceable

    A former executive chef at an upscale Houston seafood restaurant has filed a suit accusing his ex-employer of not letting him out of an unenforceable noncompete agreement after turning the venue into a Tex-Mex eatery.

Expert Analysis

  • A Look At 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.

  • Attorneys, Your Input Is Needed On Deposition Rule

    Frank Silvestri, Jr.

    Every lawyer who’s handled a civil case in federal court knows about Rule 30(b)(6), governing deposition procedures. But for many real-world deposition dilemmas, the rule offers little guidance. Last year, an Advisory Committee on Civil Rules subcommittee began considering whether the rule should be amended. Now attorneys must advise the subcommittee how to proceed, says Frank Silvestri Jr. of Verrill Dana LLP.

  • Series

    Revisiting Affiliated Ute: Impact In The 7th Circ.

    Julie Goldsmith Reiser

    In the 45 years since the U.S. Supreme Court's ruling in Affiliated Ute, the Seventh Circuit has cited it 145 times. The most significant of these decisions was the court's rejection of the “fraud created the market” theory as an extension of Affiliated Ute, says Julie Goldsmith Reiser of Cohen Milstein Sellers & Toll PLLC.

  • Series

    Revisiting Affiliated Ute: 4 Lines Of Cases In 3rd Circ.

    John Harnes

    Over the last 45 years, Affiliated Ute has, in the Third Circuit, spawned primarily four lines of cases, each addressing a distinct issue raised by that ruling. The most vexing issue, particularly in cases that involve misrepresentations and omissions, is when the presumption applies and when it does not, says John Harnes of Chitwood Harley Harnes LLP.