• January 20, 2017

    Texas Justices Won't Review Contempt Order In Contract Feud

    The Supreme Court of Texas on Friday denied a mandamus petition filed by a baking soda manufacturer that had sought to nix a $500 fine it received for allegedly violating a restraining order temporarily put in place by a judge overseeing contract litigation between the manufacturer and its former wholesaler.

  • January 20, 2017

    Wyly Urges 2nd Circ. To Hear Arguments In $299M SEC Appeal

    Former Michaels Stores Inc. chair Sam Wyly and his late brother's estate urged a Second Circuit judge Friday to allow oral arguments in their appeal of the U.S. Securities and Exchange Commission's $299.3 million securities fraud victory over the pair, citing “significant legal questions.”

  • January 20, 2017

    Texas Justices To Hear Town's Suit Against Gas Cos.

    The Texas Supreme Court on Friday took up three separate petitions stemming from a fight between five energy companies accused of polluting private property by emitting foul-smelling gases and loud noises, and the town and homeowners who launched the accusations.

  • January 20, 2017

    Apple Latest To Settle E-Watch's Camera Phone Patent Row

    Apple Inc. has become the latest technology giant to reach a settlement ending e-Watch Inc.’s claims that the company is infringing two patents related to cellphone camera technology, according to a document filed in Texas federal court on Friday.

  • January 20, 2017

    State Farm Intrusive Discovery Case Heads To Texas Justices

    The Texas Supreme Court on Friday agreed to review two State Farm Lloyds discovery disputes in which the insurer argues intrusive and unjustified electronic discovery in multidistrict litigation alleging State Farm defrauded policyholders by underpaying wind and hailstorm claims.

  • January 20, 2017

    Hospital Can’t Turn Nurse’s Slip-And-Fall Suit Into Med Mal

    A Texas appellate court on Thursday rejected a hospital’s argument that a nurse’s claims over injuries sustained in a fall were healthcare liability claims that should’ve been dismissed for lack of an expert medical opinion, saying the hospital’s maintenance of a hallway had nothing to do with medical care.

  • January 20, 2017

    Texas Justices Won't Hear Developer's Appeal Over Deed Spat

    The Texas Supreme Court Friday denied a petition from a developer seeking $9 million from a Dallas suburb for building a library on land the company sold the city, claiming the construction violated terms of the deed.

  • January 20, 2017

    Texas Justices To Hear Health Care Noncompete Row

    The Supreme Court of Texas on Friday agreed to hear oral arguments on whether a state appeals court improperly cut $4.2 million in awarded damages from Horizon Health Corp.’s successful employee poaching suit against a competitor and former executives who switched teams.

  • January 20, 2017

    Texas High Court Won't Hear Legal Recruiter's Fee Fight

    The Texas Supreme Court on Friday declined to hear a dispute between legal recruiter Debra Hren and Recruiting Partners GP over a fee-splitting agreement involving the placement of a former Baker Botts LLP partner, leaving in place a lower court's ruling that Hren had no individual right to sue.

  • January 20, 2017

    Jury Awards $370K To Texas DOT Employee In Bias Row

    A Texas federal jury on Wednesday awarded a former African-American employee of the state’s Department of Transportation about $370,000 for claims he was fired because of his race.

  • January 20, 2017

    Texas Jury Clears Harley-Davidson In Accident Suit

    A Texas federal jury on Thursday found in Harley-Davidson Inc.’s favor in an injured couple’s $3.4 million suit alleging their motorcycle was defectively designed because it didn’t have anti-lock brakes, which would have prevented their crash.

  • January 20, 2017

    DOL Wants Judge To Toss Case Against Retaliation Rule

    The U.S. Department of Labor asked a Texas federal judge on Thursday to toss a case filed by numerous business groups challenging an anti-retaliation provision in the recently implemented injury and reporting rule by the Occupational Safety and Health Administration, saying the rule doesn’t hurt them.

  • January 20, 2017

    Texas High Court To Hear Fight Between Galveston Judges

    The Texas Supreme Court decided Friday to hear a dispute between a Galveston County judge and a Galveston County district court judge that has been framed as a separation-of-powers fight over the firing of a court administrator.

  • January 20, 2017

    Drilling Trespass Case Will Get Texas High Court Review

    The Texas Supreme Court on Friday agreed to hear a dispute between Lightning Oil Co. and an Anadarko Petroleum Corp. subsidiary accused of trespassing through a mineral estate to reach a neighboring block of oil and gas.

  • January 20, 2017

    PE-Backed Keane Group Raises $508M In Upsized IPO

    Advised by Schulte Roth & Zabel LLP, private-equity-backed energy company Keane Group Inc. on Friday completed the first initial public offering of 2017, with an upsized $508.4 million offering that saw the sale of 26.8 million shares at $19 apiece.

  • January 20, 2017

    Texas High Court To Hear Med Mal Suit Over Mother's Death

    The Texas Supreme Court on Friday agreed to hear a medical center’s dismissal bid in a medical malpractice suit related to the death of a pregnant patient during a physician-ordered move to a different hospital, after a lower court refused to toss the case.

  • January 20, 2017

    Taxation With Representation: Cravath, Weil, Jones Day, Davis

    In this week's Taxation With Representation, British American Tobacco is taking over Reynolds American for $49 billion, Exxon Mobil says it will pay up to $6.6 billion for companies with drilling properties in the Permian Basin, and Eli Lilly is set to purchase a migraine treatment developer for roughly $960 million.

  • January 20, 2017

    Texas Judge Rips Into DOJ For Behavior In Immigration Case

    A Texas federal judge withdrew portions of sanctions against the U.S. Department of Justice on Thursday in a case over then-President Barack Obama’s 2014 immigration executive actions, but ripped into the government for its unethical behavior in the case, saying that it has been “nothing short of stunning.”

  • January 20, 2017

    US Tells 5th Circ. Citgo's $81M Spill Fine Should Stick

    The federal government on Wednesday urged the Fifth Circuit to uphold an $81 million fine imposed against Citgo Petroleum Corp. over a 2006 oil spill, saying the oil company hasn't presented any evidence that a lower court miscalculated the economic benefit the company received from its violations that led to the spill.

  • January 20, 2017

    Texas High Court Won't Undo Jenner & Block $3M Fee Award

    The Texas Supreme Court on Friday declined for a second time to hear a dispute between patent-holding company Parallel Networks LLC and Jenner & Block LLP over a lower court's decision that an agreement allowed the firm to drop its representation of Parallel and still receive $3 million in fees.

Expert Analysis

  • Vessel Owners' Duties To Longshoremen Only Go So Far

    Hansford Wogan

    In Abston v. Jungerhaus Maritime Services, the Fifth Circuit recently held for a vessel owner against a longshoreman injured on the job during heavy rainfall. As the court noted, a vessel owner must exercise reasonable care to prevent injuries in areas under "active control of the vessel," but the owner often relinquishes control to contractors for loading or unloading, says Hansford Wogan of Jones Walker LLP.

  • When 1 Progressive Loss Ends And Another Begins

    William C. Kolb

    In Temperature Service v. Acuity, the Northern District of Illinois recently addressed property insurance claims for damage progressing over the course of multiple policy periods. This decision reiterates that in certain jurisdictions it is possible for progressive loss from a common cause to "commence" more than once for coverage purposes, say William Kolb and Michael Silvestro of Skarzynski Black LLC.

  • How Litigation Funding Is Bringing Champerty Back To Life

    John H. Beisner

    While some courts have declined to apply the common-law doctrine of champerty to invalidate third-party litigation funding agreements, two recent rulings by appellate courts in New York and Pennsylvania have brought renewed attention to champerty principles, casting doubts on the legality of certain forms of third-party litigation funding, say John Beisner and Jordan Schwartz of Skadden Arps Slate Meagher & Flom LLP.

  • Clarifying EEOC’s Obligation For Presuit Conciliation

    Gerald Maatman Jr.

    In U.S. Equal Employment Opportunity Commission v. Bass Pro Outdoor World, a Texas federal court denied the EEOC’s motion for a ruling that would allow it to include discrimination claims in its lawsuit for individuals who had not yet applied to work for Bass Pro. The decision is a positive signal that at least some courts may be unwilling to allow the EEOC to add claimants with whom it never conciliated, say attorneys at Seyfarth Shaw LLP.

  • 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.