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Texas

  • January 16, 2019

    Westmoreland Says It Will Seek To End Union Contract

    Saying it was unable to get the benefits concessions it needs under its postpetition financing arrangement, Westmoreland Coal told a Texas bankruptcy judge Wednesday it plans to ask permission to reject its contracts with the United Mine Workers of America.

  • January 16, 2019

    Texas Anti-SLAPP Law Ruled Inapplicable In Federal Court

    A Texas federal judge ruled Wednesday that Texas’ anti-SLAPP law does not apply in federal court, denying Neology Inc.'s motion to dismiss a $1 million lawsuit alleging the RFID technology company published false claims that a rival company stole trade secrets.

  • January 16, 2019

    Justices Weigh 21st Amendment's Scope In Wine Sales Case

    On Wednesday, 100 years to the day after the United States ratified a constitutional amendment making alcohol sales illegal, the U.S. Supreme Court heard arguments in a referendum on the scope of the amendment that made it legal once more and gave individual states broad discretion to regulate the industry.

  • January 16, 2019

    Tribes, Allies Say Constitution Backs Child Welfare Law

    Four tribes, joined by members of Congress, Indian law professors and others, urged the Fifth Circuit on Wednesday to overturn a Texas district judge's decision ruling the Indian Child Welfare Act unconstitutional, saying the law doesn’t racially discriminate and that the Constitution supports Congress’ broad power to enact laws regulating tribal matters.

  • January 16, 2019

    FHFA Won't Defend Leadership Structure Before Full 5th Circ.

    The Federal Housing Finance Agency has told the full Fifth Circuit that it won't defend the constitutionality of the for-cause removal protection enjoyed by directors of the agency, a move that comes about a week before the court will sit for en banc rehearing in the case.

  • January 16, 2019

    Senate Dem Decries Shutdown Of Chemical Accident Probes

    A tiny federal agency that investigates chemical spills and related incidents in the energy sector can't do its job during the government shutdown, putting crucial probes into the causes of industrial accidents at risk, Democratic Sen. Tim Kaine of Virginia said Wednesday.

  • January 16, 2019

    ER Doc Tells Texas Justices Retrial Order A 'Clear Abuse'

    An emergency room doctor urged the Texas Supreme Court on Tuesday to reverse a trial judge’s “clear abuse of discretion” in granting a new trial in a malpractice lawsuit after a jury had determined he was not at fault for a child needing to have a portion of her fallopian tube removed.

  • January 16, 2019

    Texas Sued Over Ending Home Health Care Reimbursement

    A group of home health agencies has sued the Texas Health and Human Services Commission, alleging that without court intervention each will soon go out of business, and Texans will go without needed medical care, because of a recent decision by the state agency to discontinue reimbursement for telemonitoring services.

  • January 16, 2019

    Trump Nominates Jackson Walker, Greenberg Vets To Bench

    President Donald Trump named Greenberg Traurig LLP and Jackson Walker LLP attorneys among his latest batch of judicial nominees Wednesday, with this round aimed at filling seats in Arizona, Louisiana, North Dakota and Texas.

  • January 16, 2019

    Objector Admits To Unethical Conduct To Exit Edelson Suit

    A Texas attorney known for filing objections to class action settlements has offered to stop practicing in Illinois and only bring objections that meet certain criteria to resolve a lawsuit brought by plaintiffs firm Edelson PC over what it says is his extortionate use of the objection process.

  • January 16, 2019

    FCC Final Say On Ad Rules Cripples Businesses, Justices Told

    The U.S. Chamber of Commerce, six states and a handful of government associations warned the U.S. Supreme Court that letting the Federal Communications Commission have the final word on the interpretation of the Telephone Consumer Protection Act strips companies of a key defense amid the unrelenting stream of TCPA class actions.

  • January 15, 2019

    Firm Tries 3rd Time To Toss Malpractice Arbitration Award

    A Texas law firm has asked the state's high court to undo lower court rulings that affirmed a nearly $460,000 arbitration award against it stemming from an ex-client's malpractice lawsuit, arguing the arbitrator's ruling goes against Texas law and must be reviewed.

  • January 15, 2019

    Barnes & Thornburg Adds 3 Partners To Dallas Office

    Barnes & Thornburg LLP has announced the addition of three new partners to its Dallas office, allowing the firm to continue strengthening its corporate litigation, intellectual property, and labor and employment practices.

  • January 15, 2019

    States Urge 5th Circ. To Reverse ICWA Invalidation Order

    California, Massachusetts, Illinois and New Jersey have joined over a dozen states that are throwing support behind four tribes and the federal government as they seek to overturn a decision deeming the Indian Child Welfare Act unconstitutional, arguing that the statute provides critical protections for Native American children and their families.

  • January 15, 2019

    Ericsson Fights HTC's Bid To Delay Trial Over Patent Royalties

    Ericsson has urged a Texas federal court not to delay a trial scheduled for next month on HTC Corp.'s accusation that Ericsson overcharges for royalties on cellular and wireless standard-essential patents, arguing there's no need to wait until after an arbitrator decides if some issues should be arbitrated.

  • January 15, 2019

    Fed. Circ. Upholds Apple’s $440M Loss In VirnetX Patent Case

    The Federal Circuit on Tuesday upheld a $440 million Eastern District of Texas judgment that Apple Inc. infringed four VirnetX Inc. network security patents, although it put off ruling on whether to affirm Patent Trial and Appeal Board decisions invalidating the patents.

  • January 15, 2019

    Dems Seek Senate Intervention In 5th Circ. ACA Case

    Senate Democrats pushed the chamber and its general counsel Tuesday to intervene in a blockbuster legal feud over the Affordable Care Act, introducing a resolution that mirrors one passed by the House seeking to reverse a Texas federal judge’s striking of the law.

  • January 15, 2019

    Chimera Pump-And-Dump Conspirator Takes $3M Plea Deal

    One of the seven individuals charged in what prosecutors say is a $48 million stock manipulation scheme involving Chimera Energy Corp. and other companies has entered a plea agreement with the government that requires him to forfeit up to $3 million he earned from the alleged scam.

  • January 15, 2019

    McDermott Int'l Sued After Stock Drops 60% Post-Merger

    Houston-based engineering and construction company McDermott International Inc. has been hit with a proposed shareholder class action in Texas federal court alleging its failure to disclose the true cost of acquiring Chicago Bridge and Iron NV resulted in the company's stock price plummeting more than 60 percent.

  • January 15, 2019

    Pulling Up Stakes: Shearman, DLA Piper, Latham

    In our latest roundup of deal makers on the move, Shearman & Sterling LLP adds some capital markets firepower in Houston, DLA Piper hires an M&A and private equity pro in Washington, D.C., and Latham & Watkins LLP beefs up its private equity practice with a pair of partners in New York.

Expert Analysis

  • Arbitrators And Mediators Should Reflect Society's Diversity

    James Jenkins

    Alternative dispute resolution providers have made great strides toward diversity, but recent statistics show there is still work to be done. There are certain steps ADR providers can take to actively recruit more women and minority candidates to serve as arbitrators and mediators, says James Jenkins of the American Arbitration Association.

  • Why AFAs Are Key To The Future Of Legal Practice

    Kelly Eisenlohr-Moul

    Alternative fee agreements can help align law firm and client interests, increase efficiency and eliminate corporate extortion, among other benefits. They are the best thing to happen to the practice of law in decades, says Kelly Eisenlohr-Moul at Dinsmore & Shohl LLP.

  • 21st Amendment Vs. Commerce Clause At The High Court

    Alva Mather

    On Wednesday, the U.S. Supreme Court hears argument in Byrd v. Tennessee Wine and Spirits Retailers Association, highlighting the conflict between states’ rights to regulate alcohol under the 21st Amendment and the restrictions in the U.S. Constitution's commerce clause on states’ power to regulate interstate commerce, says Alva Mather of DLA Piper LLP.

  • Series

    Judging A Book: Barron Reviews 'The Clamor Of Lawyers'

    Judge David Barron

    Can lawyers lead a revolution? According to "The Clamor of Lawyers: The American Revolution and Crisis in the Legal Profession" — a slim but elegant volume by Peter Charles Hoffer and Williamjames Hull Hoffer — they can and they did, says First Circuit Judge David Barron.

  • State Net

    State Lawmakers Grapple With Proliferation Of E-Scooters

    David Royse

    As state legislators return to session this year, many face a new issue: the explosion of e-scooters on city streets. Municipal officials scrambling to evaluate the legality of the rental scooters are seeking policy guidance at the state level, says David Royse of State Net Capitol Journal.

  • Opinion

    The Case For Lawyer-Directed Litigation Funding In NY: Part 2

    Peter Jarvis

    Lawyer-directed nonrecourse litigation funding is more likely to protect a lawyer's exercise of independent professional judgment than traditional means of litigation finance, and furthermore enables worthwhile cases that otherwise could not be funded, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.

  • Opinion

    The Case For Lawyer-Directed Litigation Funding In NY: Part 1

    Peter Jarvis

    Contrary to what the New York City Bar Association concluded in an ethics opinion last year, lawyer-directed nonrecourse commercial litigation funding does not violate New York rules on sharing fees with nonlawyers, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.

  • 7 Questions To Add To Your Lateral Partner Questionnaire

    Howard Rosenberg

    Law firms should redesign the vetting process for lateral candidates so it directly addresses sexual harassment and assault issues, says Howard Rosenberg of Decipher.

  • Top 10 Employer Resolutions For 2019

    Allegra Lawrence-Hardy

    As 2019 begins, many companies await answers to several pending employment law questions. Allegra Lawrence-Hardy and Bonnie Burke of Lawrence & Bundy LLC review the most pertinent issues employers should watch this year.

  • Q&A

    A Chat With Reed Smith Chief Marketing Officer Sadie Baron

    Sadie Baron

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Sadie Baron, chief marketing officer at Reed Smith LLP.