• November 20, 2017

    Ex-Fund Manager Must Pay SEC Disgorgement: Judge

    A Texas federal judge on Monday said the criminal restitution ordered for a former hedge fund manager who copped to ripping off investors in his Lobo Volatility Fund LLC doesn't preclude him from having to pay the disgorgement he previously agreed to in settling the U.S. Securities and Exchange Commission's related civil case.

  • November 20, 2017

    Kirkland Snags Vinson & Elkins Capital Markets Partner

    Kirkland & Ellis LLP has bolstered its capital markets practice and hired away a former partner at Vinson & Elkins LLP to join its Houston office, the firm announced Monday.

  • November 20, 2017

    Blank Check Co. Highland Acquisition Pulls $250M IPO

    Highland Acquisition Corp., a blank check company formed by executives of hedge fund Highland Capital Management LP, withdrew plans Monday for a $250 million initial public offering intended to pursue an acquisition in the health care, media, telecommunications, entertainment or energy industries that was filed last year.

  • November 20, 2017

    Texas County Asks High Court To Reject Stored Gas Tax Suit

    A Texas appraisal district has asked the U.S. Supreme Court to deny an energy company’s petition for a writ of certiorari asking for review of the way stored natural gas is appraised and taxed, arguing Texas' nondiscriminatory taxation of natural gas inventory stored in the state passes all four parts of the Complete Auto test.

  • November 20, 2017

    DOJ Challenges AT&T's $85.4B Bid For Time Warner

    The U.S. Department of Justice sued Monday to block AT&T Inc.'s $85.4 billion deal for Time Warner Inc., arguing that the combination of the telecom company's DirecTV television provider with the owner of key content like CNN and HBO would lead to higher prices for consumers and hinder innovation for video distribution.

  • November 20, 2017

    Houston Firm Files Libel Suit Over 1-Star Google Review

    Ivey Law Firm PC has filed a libel suit in state district court in Houston against an individual it says was never a client of the firm but still wrote a one-star Google review that was disparaging about the legal services it provides.

  • November 20, 2017

    Cumulus Says Former DJ's Race Bias Suit Premature

    Cumulus Media told a Texas federal judge on Friday that most of the claims brought by a former employee alleging he was wrongfully terminated because of his race must be dismissed because he failed to raise those claims with the EEOC before filing this lawsuit.

  • November 17, 2017

    David Boies Could Be Cowboys Owner Jerry Jones' Hail Mary

    Dallas Cowboys owner Jerry Jones appears to have few legal options in his boiling feud with NFL Commissioner Roger Goodell, but with star litigator David Boies on his team, he has a shot at scoring points for his cause — and defending himself against possible sanctions for his outbursts, lawyers tell Law360.

  • November 17, 2017

    Gilstrap Denies Another Post-TC Heartland Transfer Bid

    Eastern District of Texas Judge Rodney Gilstrap has refused to transfer multiple patent infringement suits filed by Nichia Corp. against television and lightbulb makers, finding that the companies consented to litigate the disputes in Texas and they can’t “take back” that admission in the wake of the Supreme Court’s May TC Heartland decision.

  • November 17, 2017

    Feds Fight Ex-Rep.'s Bid To Toss Donation Theft Indictment

    Federal prosecutors on Friday told a Texas federal judge that former U.S. Rep. Steve Stockman had made a meritless attempt to dismiss several of the more than two dozen criminal charges against him for alleged funneling of charitable donations to his campaigns.

  • November 17, 2017

    Texas Justices Shelve J&J Mesh Case After Appeal Dropped

    The Texas Supreme Court on Friday decided to end a case asking when the clock begins to run on a personal injury claim stemming from an allegedly defective product, after the plaintiff in a Johnson & Johnson unit pelvic mesh suit dropped her connected Eleventh Circuit appeal.

  • November 17, 2017

    Tenured Prof Who Lost Job In Merger Appeals To High Court

    A former tenured professor of the University of Texas has asked the Supreme Court to revive his case against the university, saying the decision to void his tenure and not hire him on after the university merged with another violated his constitutional rights.

  • November 17, 2017

    Texas County Sues Arkema Over Plant Fire In Wake Of Harvey

    Harris County, Texas, asked a state judge on Thursday to order Arkema Inc., whose liquid organic peroxide manufacturing plant caught fire in the wake of historic flooding from Hurricane Harvey, to take steps to improve its disaster safety plans and reimburse the county for responding to the incident.

  • November 17, 2017

    VC-Backed Stitch Fix Ekes Gain After $120M IPO Prices Low

    Shares of venture-backed e-commerce startup Stitch Fix Inc. barely gained on Friday after pricing a downsized $120 million initial public offering, making it one of five issuers spanning the technology, real estate, banking and life science sectors to debut on public markets.

  • November 17, 2017

    Royal Caribbean Says Waiver Sinks Harvey Class Claims

    Royal Caribbean asked a federal court Friday to dismiss a proposed class action claiming the company put passengers in harm's way by not canceling a cruise as Hurricane Harvey bore down on Texas, arguing its ticket contract's class action waiver has been upheld previously and the pleadings are insufficient.

  • November 17, 2017

    Disbarred Atty, 2 Others Get Prison For Auto Loan Scheme

    A disbarred attorney and two others were sentenced to between six and 18 months in prison for their role in orchestrating a seven-month money laundering and automobile loan scheme that bilked banks out of loans worth about $696,000, the U.S. Department of Justice said Thursday.

  • November 17, 2017

    Health Hires: Hogan Lovells, Jones Day, Morgan Lewis

    The last several weeks have seen the health and life sciences teams at Hogan Lovells, Jones Day, Morgan Lewis & Bockius LLP and Berkeley Research Group LLC grow, with newcomers from the ranks of Medtronic Inc., BakerHostetler, the U.S. Department of Health and Human Services Office of Inspector General and elsewhere.

  • November 17, 2017

    Hospital Must Face Hernia Surgery Suit, Texas Court Says

    A Texas appeals court has held that Texas Tech University Health Sciences Center can’t duck a malpractice lawsuit brought by a woman following a hernia surgery, rejecting the hospital’s claim that the suit should be dismissed because it wasn’t given “actual notice” within six months of the incident.

  • November 16, 2017

    Oil States Case Likely Won’t Save Axed Patents, Judge Says

    A Texas federal judge has dismissed a gas leak detection patent suit after the Patent Trial and Appeal Board invalidated the patents, rejecting the patentee’s argument that the U.S. Supreme Court could revive the patents in an upcoming case by voiding every past PTAB decision.

  • November 16, 2017

    Ignition Interlock Co. Seller Is Withholding Escrow, Buyer Says

    The private equity firm that purchased ignition interlock device maker 1A Smart Start Inc. in 2015 filed suit in Delaware late Wednesday, saying the seller is trying to claim escrowed funds from the deal despite failing to achieve a favorable result in a tax dispute, as required in the escrow agreement.

Expert Analysis

  • Roundup

    Judging A Book

    Alexander Hamilton

    Are the latest books on the judicial system worth reading? Federal judges share their thoughts in this series of book reviews.

  • Don't Waste This Planning Cycle: Year-End Strategies

    Hugh A. Simons

    Law firms are businesses where partners operate with significant autonomy. To see their priorities translate into individual partner action, firm leaders should use a few collaborative strategies, suggests Hugh A. Simons, former senior partner of The Boston Consulting Group and former COO of Ropes & Gray LLP.

  • Deflating Uber's 'Puffery' Defense On Safety Claims

    Thomas Dickerson

    Uber and taxi companies in California, Texas and New York are debating whether Uber's use of words like "safe" and "safety" is misleading and deceptive or mere "puffery." Conflicting rulings from federal courts suggest litigation on this issue will continue, says retired New York State Supreme Court Associate Justice Thomas Dickerson.

  • From Snaps To Tweets: The Craft Of Social Media Discovery

    Matthew Hamilton

    Courts have consistently held that social media accounts are subject to established discovery principles but are reluctant to allow parties to rummage through private social media accounts. Recent case law confirms that narrowly tailored information requests get the best results, say Matthew Hamilton, Donna Fisher and Jessica Bae of Pepper Hamilton LLP.

  • An Interview With Former DHS Secretary Jeh Johnson

    Randy Maniloff

    Jeh Johnson, the former secretary of homeland security, was kind enough to let me visit him to reflect on his diverse career. He told stories that left me speechless. And yes, the man who was responsible for the Transportation Security Administration removed his shoes when going through airport security. You bet I asked, says Randy Maniloff of White and Williams LLP.

  • Series

    Judging A Book: Gilstrap Reviews 'Alexander Hamilton'

    Judge Rodney Gilstrap

    While Alexander Hamilton is the subject of a hit Broadway musical and renewed biographical examinations, professor Kate Brown takes us down a road less traveled in her book "Alexander Hamilton and the Development of American Law" — showing Hamilton as first, last and foremost an American lawyer, says U.S. District Judge Rodney Gilstrap of the Eastern District of Texas.

  • Deliberate Discovery Responses Shift Onus Onto Opponent

    Alexis Kellert

    In a recent ruling, the Fifth Circuit found that a plaintiff who failed to pursue discovery of withheld documents was not entitled to relief from summary judgment in favor of the defendant. Keeping discovery responses specific and narrow puts the onus on your adversary to follow up as cases develop, says Alexis Kellert of Weil Gotshal & Manges LLP.

  • The Case For Creating A Mediation Department At Your Firm

    Dennis Klein

    There are at least four reasons supporting the need for some form of a mediation group within a law firm, especially in firms with larger practices, according to Dennis Klein, owner of Critical Matter Mediation and former litigation partner at Hughes Hubbard & Reed LLP.

  • Post-Escobar Guardrails And Policy-Setting Relators

    Rebecca Martin

    The Fifth Circuit's decision in U.S. v. Trinity is the most recent addition to a remarkable run of appellate decisions affirming dismissal of False Claims Act cases on materiality grounds. Trinity, however, stands apart from the crowd in a number of ways, says Rebecca Martin of McDermott Will and Emery LLP.

  • Core Functions And Cooperative Federalism At The EPA

    Dan Jordanger

    The U.S. Environmental Protection Agency’s recently released draft strategic plan for 2018-2022 starkly narrows the items on which the EPA will focus its resources and turns the agency’s back on many objectives contained in the previous plan — things that the Trump administration and Administrator Scott Pruitt believe should not be done at all, says Dan Jordanger of Hunton & Williams LLP.