• February 22, 2017

    NLRB Asks 5th Circ. To OK Chipotle Break Petition Ruling

    The National Labor Relations Board urged the Fifth Circuit last week to affirm its ruling that Chipotle Services LLC illegally fired an employee for refusing to stop circulating a petition demanding fair break time, calling this “textbook” protected activity under the National Labor Relations Act.

  • February 22, 2017

    Oil Heir Accuses Ex-Dallas DA, Dallas Attys Of Burglary

    In a wide-ranging lawsuit filed in Texas federal court Wednesday, Hunt Petroleum Corp. heir Al Hill III accused former Dallas District Attorney Craig Watkins and a handful of prominent Dallas attorneys who formerly represented him of plotting a burglary of his home.

  • February 22, 2017

    Post Oak Leads $200M Investment Into Midland Oil Biz

    Post Oak Energy Capital LP is leading a $200 million equity commitment to oil and gas company Moriah Henry Partners LLC to fund developments in the core of the Midland Basin, in West Texas, the companies said Tuesday.

  • February 22, 2017

    Lawyers Seek Up To $41M From Halliburton Asbestos Deal

    Boies Schiller Flexner LLP and Kahn Swick & Foti LLC lawyers who reached a $100 million investor settlement with Halliburton over its asbestos liability disclosures told a Texas federal court Tuesday they would seek up to $40.8 million after a decade's litigation and two trips to the U.S. Supreme Court.

  • February 22, 2017

    Baker Botts Snags 9 Partners From Norton Rose Fulbright

    Baker Botts LLP has hired nine partners experienced in tax, private equity, energy and mergers and acquisitions from Norton Rose Fulbright to join its Houston, Texas, office, including the leaders of several of its transactional and tax practices.

  • February 22, 2017

    AIG, Biotech Co. Fight Toss Of $36M Ad Injury Coverage Suit

    AIG and agricultural product company Stoller Enterprises Inc. on Tuesday both objected to a Texas magistrate judge's recommendation to throw out nearly all of Stoller’s suit seeking coverage from AIG for an unfair competition suit settlement of an undisclosed amount after triple damages totaled $36 million.

  • February 22, 2017

    4G FRAND Suit Against T-Mobile Should Proceed, Judge Says

    A Texas magistrate judge on Wednesday recommended a federal court deny T-Mobile's bid to toss Huawei Technologies Co. Ltd.’s suit for declaratory judgment on whether its license on patented 4G technology was fair, reasonable and nondiscriminatory, finding the court had subject-matter jurisdiction over the case.

  • February 22, 2017

    Texas Court Says UT Southwestern Doctors Can't Be Sued

    A Texas appeals court has thrown out claims that a group of doctors mistreated a 16-year-old with a brain tumor, holding the doctors established the claims should have been brought against their employer, The University of Texas Southwestern Medical Center at Dallas.

  • February 22, 2017

    Texas Lawmakers Unite Against Dallas-Houston Rail Project

    In a united effort to push back against plans by Texas Central Partners LLC to build a high-speed rail line between Dallas and Houston, a group of state lawmakers on Tuesday filed bills in opposition to the “controversial” proposal.

  • February 22, 2017

    Oil Storage Co. Accuses Magellan Of Stifling Competition

    Fairway Energy Partners LLC alleged in an antitrust lawsuit filed Tuesday in Texas state court that Magellan Midstream Partners is stifling competition by blocking Fairway from access to its Houston crude oil distribution system, or demanding “exorbitant fees” for access, essentially eliminating competition.

  • February 22, 2017

    Chamber Rebuts IRS, Says Inversion Rule Needs Ax, Not Fix

    The U.S. Chamber of Commerce on Tuesday rejected the IRS assertion that a Texas federal court should let the government revise last year’s controversial inversion rule even if loses, maintaining that the rule needs to die outright.

  • February 22, 2017

    Ex-Locke Lord Privacy Head, 3 Others Join Reed Smith

    A pair of seasoned environmental and privacy litigators, including the former leader of Locke Lord’s cybersecurity practice, and two experienced associates have landed at Reed Smith LLP, bolstering the firm’s already deep 60-attorney office in Houston, according to an announcement on Tuesday.

  • February 22, 2017

    Texas Court Sends Spinal Surgery Death Suit To Arbitration

    A Texas appellate court sent to arbitration a lawsuit stemming from Athas Health LLC's treatment of a patient who died of spinal meningitis, holding that the patient had accepted arbitration via a signed financial agreement and by clicking to accept a user agreement on the Athas website.

  • February 21, 2017

    Texas Barred From Cutting Planned Parenthood Funding

    A federal judge on Tuesday barred the state of Texas from pulling Medicaid funds from Planned Parenthood-affiliated clinics, saying the secretly recorded videos the Lone Star State held up as evidence that the clinics were profiting from selling aborted fetal tissue did not actually support the state's claims.

  • February 21, 2017

    Texas Defends Enviro Review Of Austin Highway Project

    The Texas Department of Transportation on Monday told a Texas federal judge a highway expansion project outside of Austin, Texas, had gone through proper environmental screening, firing back against claims from project opponents that the project should be halted.

  • February 21, 2017

    Texas Justices Let Challenge Of Chiropractic Rules Proceed

    A Texas appellate court on Friday gave the Texas Association of Acupuncture and Oriental Medicine another shot at challenging the validity of two provisions in the Texas Board of Chiropractic Examiners administrative rules that it believes are invalid because they allow chiropractors to practice acupuncture.

  • February 21, 2017

    King & Spalding Adds 6 Corporate Energy Partners In Houston

    King & Spalding LLP announced Monday it had pulled in six new partners from two firms, adding a breadth of experience and knowledge of domestic energy markets and transactional law to its Houston office, in a move aimed at broadening the firm’s local energy-sector expertise.

  • February 21, 2017

    DHS Releases Guidance On Immigration Executive Orders

    The U.S. Department of Homeland Security issued memos Tuesday implementing two executive orders from President Donald Trump related to immigration, with the agency laying out the administration’s expanded enforcement targets, calling for more officers and suggesting new policy is coming on expedited removals.

  • February 21, 2017

    Blank Check Co. Vantage Energy Files $400M IPO

    Vantage Energy Acquisition Corp., a private equity-backed blank check company founded by the former CEO of Vantage Energy Inc., filed a $400 million initial public offering on Friday, guided by Vinson & Elkins LLP, to pursue an acquisition in the North American oil and gas industry.

  • February 21, 2017

    Xerox Asks Texas High Court To Limit $1B Medicaid Fraud Suit

    Xerox Corp. accused Texas of using a “web of lawsuits” to divide and conquer in a $1 billion civil Medicaid fraud suit over allegedly unneeded orthodontics, telling the Texas Supreme Court in a brief that the state had brought "coercive fraud suits" that need to be checked by the high court.

Expert Analysis

  • Opinion

    Calif. Court Gets Automatic Funding Disclosure Right

    Matthew D. Harrison

    Detractors of litigation funding have strained to characterize a recent decision from a California federal court as significant headway in their crusade against the litigation funding industry. However, in truth, this is a victory for both the industry and those in need of capital to bring meritorious claims against wrongdoers in an often prohibitively expensive legal system, say Matthew Harrison and Priya G. Pai of Bentham IMF.

  • Who Would Face Liability For Oroville Dam Management?

    Brett Moore

    The Butte County, California, sheriff recently ordered the evacuation of more than 180,000 people in the communities surrounding the Oroville Dam after officials spotted severe erosion in its emergency spillway. Although other avenues may exist to pursue liability against the agencies involved in management of the facilities, those agencies might avoid state tort liability on preemption grounds, says Brett Moore of Haight Brown & Bonesteel LLP.

  • A Reprieve From The Deluge Of Hail Litigation In Texas

    James W. Holbrook

    The Texas Fourth Court of Appeals' ruling in Garcia v. State Farm is a definitive answer to one question commonly presented in hail disputes, holding that an insurer's payment of an appraisal award generally insulates the insurer from liability. This raises some ethical concerns, as hail lawyers continue to sign up insureds on a 40 percent contingency fee basis while knowing that their clients' disputes will likely be resolved by s... (continued)

  • Civil Litigation Outlook For 2017

    Reid Schar

    Several areas of civil litigation appear poised for growth this year, including securities class action activity, which could outpace even the significant 2016 levels, and trade secret litigation, which could see further growth in the coming year under the Defend Trade Secrets Act. Meanwhile, as companies increasingly face the specter of data breaches, several developments in 2017 could bring greater clarity to this area of the law... (continued)

  • Legal Pot Industry Bugged By Lack Of Pesticide Guidance

    Telisport W. Putsavage

    Marijuana cultivation suffers from the same pest and disease pressure as any large commercial greenhouse operation. However, the circumstance unique to this setting is that any use of a pesticide in the cultivation of marijuana is a violation of federal law, says Telisport Putsavage of Putsavage PLLC.

  • Texas' Secret Weapon To Keep Ex-Employees Honest

    Arthur V. Lambert

    Many employers believe expensive litigation is their only option when an employee defects to a competitor or takes off with proprietary company information. However, small- and mid-sized companies may be best suited to leverage Rule 202 of the Texas Rules of Civil Procedure because it allows them to investigate possible trade secret claims before filing a lawsuit, says Arthur Lambert of Fisher Phillips.

  • Trump’s Enviro Law Impact May Not Be What Many Anticipate

    Lester Sotsky

    Many posit a material decline in environmental enforcement and a retrenchment or reversal of environmental regulatory initiatives in the new Trump administration. We expect three concrete areas where activism and activity will be on the rise during this time, targeting a variety of environmental, public health and liability issues of considerable potential consequences, say Lester Sotsky and Andy Wang of Arnold & Porter Kaye Scholer LLP.

  • In Retrospect

    Relearning The Lessons Of Korematsu's Case

    Randy Maniloff

    Fred Korematsu’s U.S. Supreme Court case challenging President Franklin Roosevelt’s executive order that led to the incarceration of approximately 120,000 people of Japanese ancestry may sound like ancient history. However, Feb. 19 marks the 75th anniversary of the order's signing, and that it’s celebrating its diamond anniversary now is breathtaking timing, says Randy Maniloff of White and Williams LLP.

  • How A General Counsel Should Think About AI: Part 2

    Bruce J. Heiman

    General counsels face the challenging task of understanding how companies can navigate the rules surrounding uses of artificial intelligence. To get smart on AI, general counsels must ask the right questions about areas such as human resources, intellectual property, liability and insurance, say Bruce Heiman and Elana Reman of K&L Gates LLP.

  • How A General Counsel Should Think About AI: Part 1

    Bruce J. Heiman

    Though the Trump administration has yet to make an official statement regarding artificial intelligence, support for AI is consistent with its expressed desire to promote American business. As such, general counsel will inevitably have to navigate what big data and AI mean for compliance with current and future laws and regulations, say Bruce Heiman and Elana Reman of K&L Gates LLP.