Texas

  • January 19, 2017

    Medical Supply Co. Owner Accused Of $4.5M Medicaid Fraud

    The owner of a south Texas medical equipment supply company was arrested Thursday, two days after she was indicted by a federal grand jury on charges she defrauded Medicaid by falsifying $4.5 million in billings for incontinence supplies, the Department of Justice announced.

  • January 19, 2017

    Report On Trump's Planned DOE Cuts Takes Perry By Surprise

    U.S. Secretary of Energy nominee Rick Perry pledged to back the agency's energy technology research and development efforts at his confirmation hearing Thursday but appeared in the dark about a news report that President-elect Donald J. Trump plans to make massive cuts at the department.

  • January 19, 2017

    Longtime Texas Lawmaker Indicted On 15 Corruption Charges

    Texas state Rep. Dawnna Dukes, D-Austin, was indicted this week by a Travis County grand jury on charges she misused legislative resources, abused her official capacity and tampered with government records, District Attorney Margaret Moore announced Wednesday.

  • January 18, 2017

    Oculus Founder, CEO Say Company Built Without Stealing

    The founder and the CEO of Facebook Inc. subsidiary Oculus VR LLC on Wednesday testified about the work they’d each put into building the virtual reality company from scratch, denying claims in a $2 billion Texas federal court suit that the Oculus Rift headset was built on stolen source code.

  • January 18, 2017

    Biz Groups That Defeated DOL Rule Win Fees

    A federal judge in Texas on Wednesday awarded about $330,000 in attorneys' fees and expenses to a handful of business groups that led a successful challenge of the U.S. Department of Labor's so-called persuader rule, which expanded employers' disclosure requirements related to union-organizing campaigns.

  • January 18, 2017

    Jury Blocks Stanford Receiver's $88M Clawback Claim

    A Texas federal jury on Wednesday found billionaire Gary Magness acted in good faith when taking out $88.2 million in loans from a bank affiliated with R. Allen Stanford’s $7 billion Ponzi scheme, blocking a clawback claim by the receiver for the Stanford fraud.

  • January 18, 2017

    Med Device Co. Pays $14M Over Accounting, FCPA Violations

    Texas-based medical device company Orthofix International will pay $14 million in disgorgement and penalties and admit wrongdoing for improperly booking revenue and paying off Brazilian doctors to boost sales, the U.S. Securities and Exchange Commission said Wednesday.

  • January 18, 2017

    Aussie Turf Co. Says Ex-NFLer Didn't Provide Proper Service

    An Australian sports surface company named in a lawsuit by a former NFL linebacker who suffered a career-ending Achilles tendon injury on a removable natural grass playing surface again urged a Texas federal court to dismiss claims against it Tuesday, arguing the player had not satisfied international service requirements.

  • January 18, 2017

    Twitter, Facebook Blamed In Dallas Police Shooting Lawsuit

    A sergeant with the Dallas Police Department filed a federal lawsuit in California on Tuesday against Twitter, Facebook and Google, alleging the tech companies gave a platform to the terrorist organizations that radicalized the gunman who ambushed and killed five officers in July.

  • January 18, 2017

    PTAB Finds Claims In IV E-Commerce Patent Invalid

    The Patent Trial and Appeal Board on Tuesday invalidated several claims in an Intellectual Ventures II LLC e-commerce patent, dealing a blow to the patent holding company in its East Texas lawsuit against a pair of insurance companies.

  • January 18, 2017

    Mallinckrodt Inks $100M Antitrust Deal With FTC, States

    Mallinckrodt PLC has agreed to pay $100 million to end accusations by the Federal Trade Commission and several states’ attorneys general that it acquired the U.S. rights to an infant seizure drug that competed with its own Acthar, allowing it to dramatically raise prices, the FTC said Wednesday.

  • January 18, 2017

    Munsch Hardt Tells Court Oil Field Service Co. Owes Fees

    Munsch Hardt Kopf & Harr PC filed a lawsuit in district court in Houston on Tuesday against a client it said breached a contract for services and owes it about $130,000 in legal fees for work the firm performed during a five-month period last year.

  • January 18, 2017

    More Join Super Bowl Ticket Suit After Stay Lifted

    A Texas federal judge on Tuesday allowed a handful of new plaintiffs to join a lawsuit against the NFL alleging they were displaced from their seats or had obstructed views at Super Bowl XLV at AT&T Stadium, after the Fifth Circuit denied class claims over the issue in a similar case last year.

  • January 18, 2017

    Texas Atty Loses 2nd Bid To Ditch SEC's Ponzi Scheme Suit

    A New York federal judge on Tuesday refused to toss the U.S. Securities and Exchange Commission’s suit alleging a Texas attorney and another lawyer facilitated a Ponzi scheme by acting as escrow agents to collect $13.8 million from clients, finding the case should proceed in New York.

  • January 18, 2017

    13 States Sue To Stop Coal Mining Stream Protection Rules

    Thirteen states sued the U.S. Department of the Interior in D.C. federal court on Tuesday, alleging that federal rules finalized in December aimed at minimizing harm to surface and groundwater from coal mining operations violated the states’ ability to regulate mining within their borders.

  • January 17, 2017

    Texas City Agrees To Overhaul Sewer System To End EPA Suit

    The city of Tyler, Texas, agreed on Tuesday to pay a $563,000 civil penalty and implement major upgrades to its sewer system to settle allegations brought in federal court by the state and the Environmental Protection Agency that it violated the Clean Water Act by allowing raw sewage to flow into two nearby creeks.

  • January 17, 2017

    Dish Network Must Undo Wage Cut During NLRB Case

    Dish Network Co. must restore a 50 percent pay cut to unionized employees at two Texas facilities while the National Labor Relations Board determines if the company’s action was illegal, a Texas federal judge ruled Saturday.

  • January 17, 2017

    Texas Bank Can’t Leapfrog To Full DC Circ. In CFPB Case

    A D.C. federal judge on Tuesday shot down a Texas bank's bid to join an appeal before the full D.C. Circuit concerning the constitutionality of the Consumer Financial Protection Bureau’s single-director leadership, rejecting the bank’s arguments the move would serve the interest of “judicial economy.”

  • January 17, 2017

    Cadwalader Closing Houston Office

    Cadwalader Wickersham & Taft LLP said on Tuesday that it will close its Houston office as part of the firm’s decision to consolidate around its core client base of large corporations and the financial sector, including banks and hedge funds.

  • January 17, 2017

    EPA Wants To Revise Haze Rules Over Texas' Objection

    The U.S. Environmental Protection Agency and environmental groups have asked the Fifth Circuit to deny Texas’ bid to throw out part of the federal government’s regional haze plan, arguing that instead the EPA should be allowed to revise the plan on remand.

Expert Analysis

  • Attracting And Retaining The Millennial Lawyer

    Christopher Imperiale

    Instead of trying to change the new workforce to follow a law firm's existing processes and procedures, perhaps it's time for firms to start changing their processes and procedures to better accommodate the mentality of this next generation of lawyers, says Christopher Imperiale, a law firm adviser with Berdon LLP.

  • Trump's EPA: Be Careful What You Wish For

    Mitchell J. Klein

    Trying to prognosticate what President-elect Donald Trump will do is very difficult. But assuming he does seek to implement change at the U.S. Environmental Protection Agency, if it's perceived as backing off of environmental enforcement, private parties will step in and cases will likely be even more expensive, more problematic and more unreasonable than those brought by the EPA and the states, says Mitchell Klein of Snell & Wilmer LLP.

  • Update On Statutes Of Limitations In Texas Bad Faith Claims

    Summer L. Frederick

    Under Texas insurance law, provisions regarding accrual have been surprisingly ambiguous despite the Texas Supreme Court's instruction. For this reason, the Fifth Circuit's decision in De Jongh v. State Farm is important because it has provided critical clarity in determining how much time insureds have to file bad faith lawsuits, says Summer Frederick of Zelle LLP.

  • It’s Time To Change The Law Firm Business Model

    Lucia Chiocchio

    Every year, statistics reveal very little change in the number of women and minorities in the ranks of partnership. So how do law firms change this painfully slow rate of progress? It takes more than adding a diversity policy or a women’s leadership program to the current law firm business model, says Lucia Chiocchio, co-chair of Cuddy & Feder LLP's telecommunications and land use, zoning & development groups.

  • 2 Ways Courts Approach Willful Infringement After Halo

    Natalie Hanlon Leh

    Following the U.S. Supreme Court's decision in Halo last year, district courts have taken diverging approaches to the pleading requirements for willful infringement. Some courts set a relatively low bar, and others set a relatively high bar, say Natalie Hanlon Leh and Michael Silhasek of WilmerHale.

  • Key Trade Secret Developments Of 2016: Part 2

    Randy E. Kahnke

    Our first article in this two-part series focused on the most significant event in trade secret law in many years — the passage of the federal Defend Trade Secrets Act. Now we leave the DTSA and highlight five other trade-secret trends that promise to shape future developments, say attorneys with Faegre Baker Daniels LLP.

  • Amended Rule 37(e): 1 Year Later

    Samantha Southall

    After a full year in effect, the amended Federal Rule of Civil Procedure 37(e) has been tested in a variety of district courts. A sampling of these decisions reveals that courts seem to be adhering closely to the amended rule and ordering adverse inference instructions only where there was intent to deprive another party of access to relevant information, say Carrie Amezcua and Samantha Southall of Buchanan Ingersoll & Rooney PC.

  • Evidence Substantiation Burden May Soon Shift To FTC

    Margaret E. Krawiec

    To date, questions about how the Trump administration will impact the Federal Trade Commission have focused primarily on antitrust issues, but clues to how the new administration will affect consumer protection issues might be found by examining the record of former Commissioner Joshua Wright, whom Trump has named to lead the FTC transition efforts, say attorneys at Skadden Arps Slate Meagher & Flom LLP.

  • EPA's New Risk Management Rule Is Here ... For Now

    Michael Reer

    After the 2013 explosion at a fertilizer facility in Texas, President Obama signed an executive order requiring federal agencies to identify improvements to risk management practices. In response, the U.S. Environmental Protection Agency has just published a final rule amending its Risk Management Program regulations. But changes to the Congressional Review Act could affect the rule's future, says Michael Reer of Harris Finley & Bogle PC.

  • Avoiding The Hidden Costs Of Bargain-Priced E-Discovery

    Michael Cousino

    Many organizations are interested in finding electronic discovery partners who offer tantalizingly low prices for electronic discovery services. However, unforeseen gaps, lax security practices, ignorance of global practices and delayed deliverables can all add up to a surprisingly large final cost, says Michael Cousino of Epiq Systems.