Texas

  • May 22, 2018

    Australia’s Santos Shuts Down $10.8B Harbour Energy Bid

    Australian oil and gas company Santos Ltd. on Tuesday rejected a $10.8 billion takeover bid by private equity-owned Harbour Energy Ltd. and shut down any further discussions of a tie-up with the Houston-based firm, saying Santos is better off pursuing its existing strategy.

  • May 22, 2018

    Ex-Cheerleader Hits Houston Texans With Wage Suit

    A former cheerleader for the NFL's Houston Texans filed a putative class action in Texas federal court Monday claiming she and other cheerleaders were forced to work off the clock and were cut from the squad when they complained about their coach's actions.

  • May 21, 2018

    Dallas Jeweler Says Over-Marketing Destroyed Gem's Value

    Ritzy Dallas jeweler William Noble Rare Jewels LP is seeking millions in damages from a jeweler it was working with whose "continual, desperate, voracious" marketing of a 77.12-carat Angolan yellow diamond referred to as the "Yellow Rose" allegedly drove down the gem’s value.

  • May 21, 2018

    Texas Atty Sues FindLaw Over 'Cookie Cutter' Website Design

    A Dallas attorney sued West Publishing Corp. in Texas court Monday, alleging he was duped into buying website design services for his seven-lawyer firm from the company's FindLaw platform based on a promise of a customized site, only to get a "generic cookie cutter" site.

  • May 21, 2018

    Construction Manager Cops To $3.4M Embezzlement Scheme

    A former construction manager accused of embezzling millions of dollars from his Dallas-based employer admitted in a plea deal on Monday with the U.S. Department of Justice that he signed off on fraudulent invoices and agreed to pay back up to $3.4 million.

  • May 21, 2018

    Jurors Begin Deliberations In Convenience Store's Logo Row

    A panel of jurors on Monday in federal court in Houston deliberated for about two hours without deciding whether the popular Texas-based convenience store chain Buc-ee's had presented enough evidence to support its argument that a competitor's cartoon alligator logo was infringing its cartoon beaver logo.

  • May 21, 2018

    High Court Won't Revive Oil Rig Indemnity Claim

    The U.S. Supreme Court on Monday declined to hear an appeal of an en banc Fifth Circuit ruling that allowed a contractor and its insurer to escape indemnity for an offshore gas well accident on the grounds Louisiana state law and not maritime law applied.

  • May 21, 2018

    Immigration Orgs Say Ex-Worker Embezzled $1M Or More

    Two Houston nonprofit organizations that aid immigrant communities have sued a former employee, alleging she and her husband misused a corporate credit card and money orders in a scheme to embezzle as much as $1 million or more.

  • May 21, 2018

    Justices Turn Away Solvay FCA Off-Label Marketing Case

    The U.S. Supreme Court on Monday rejected a bid to revisit a decision tossing a whistleblower's False Claims Act case that had accused Solvay Pharmaceuticals of inducing false Medicaid claims through alleged off-label marketing and kickback schemes for three of its drugs.

  • May 21, 2018

    Texas Patent Litigators Diversify After TC Heartland

    Though it's still a vibrant hub for patent litigation, the Eastern District of Texas' volume of new cases is well below half what it was before the U.S. Supreme Court's TC Heartland decision, and Texas patent litigators are fulfilling predictions that the justices' new venue requirements would force them to turn their focus away from the once-dominant local docket.

  • May 21, 2018

    ITC To Probe NEC Infringement Claims Over Telecom Tech

    The U.S. International Trade Commission has opened an investigation into the importation of underwater telecommunications equipment by Texas-based Xtera Inc. and Florida-based MC Assembly LLC after Japanese consumer electronics firm NEC Corp. alleged the companies infringed its patent.

  • May 18, 2018

    Axis Win In $2M Truck Crash Coverage Row Upheld In 5th Circ.

    The Fifth Circuit on Friday found Hartford Insurance Co. owes $2 million in coverage for a Louisiana truck accident, rejecting its argument that the wording of the policy limits the kind of vehicles covered.

  • May 18, 2018

    IRS Found To Exceed Cap On Penalty For Offshore Reporting

    The Internal Revenue Service went beyond the cap on civil penalties it can assess for undisclosed offshore bank accounts, a Texas federal judge has ruled, rejecting the agency’s argument that regulations limiting the amount are implicitly invalid.

  • May 18, 2018

    IHeartMedia Seeks OK To Access $450M Ch. 11 Credit Facility

    Bankrupt radio giant iHeartMedia Inc. sought permission Thursday to access a $450 million debtor-in-possession credit facility, with an option to increase the amount by $100 million, to pay back its prebankruptcy asset-based lenders and fund its Chapter 11 case.

  • May 18, 2018

    Houston Jury Awards $90M To Family In Trucking Death Case

    A Texas state court jury has hit Werner Enterprises Inc. with a nearly $90 million verdict, finding the trucking company responsible for a 2014 collision that killed a 7-year-old and paralyzed a 12-year-old, attorneys for the family said Friday.

  • May 18, 2018

    Patent Landscape Readjusts One Year After TC Heartland

    When the U.S. Supreme Court put limits on where patent lawsuits can be filed, it was widely viewed as a blockbuster decision. One year later, the impact of the ruling has met expectations, pushing cases out of the Eastern District of Texas while causing a filing spike in Delaware and other courts.

  • May 18, 2018

    ENGlobal, NASCO Settle Power Plant Contract Fight

    ENGlobal US Inc. and construction management company Native American Services Corp. have settled a dispute over a biomass power plant project contract, prompting a Texas federal judge to dismiss the case Friday.

  • May 18, 2018

    Vitol Says Asphalt Maker Owes $15M For Not Sticking To Deal

    Vitol Inc., an energy and commodities company that ships and trades crude oil and related products, has filed a lawsuit against Gulf Coast Asphalt Company LLC, alleging the company breached an agreement between the parties related to the purchase of asphalt and now owes it $15 million.

  • May 18, 2018

    Williams, Enbridge Deals Signal FERC-Driven MLP Purge

    Williams Cos. and Enbridge Inc. are exiting the master limited partnership business following the Federal Energy Regulatory Commission's revocation of a key tax benefit, and experts say they won't be the only pipeline companies to ditch the MLP model for a traditional corporate structure due to FERC's policy shift.

  • May 18, 2018

    XTO Energy Gets Oilfield Injury Suit Booted From Texas

    A Texas appellate court has sided with XTO Energy Inc. in a personal injury suit brought against it by workers who were injured in a North Dakota oilfield flash fire, agreeing with the company that Texas is an inconvenient forum for the case since it is facing similar suits in North Dakota.

Expert Analysis

  • Series

    State Tax After TCJA: Treatment Of International Income

    Jeffrey Friedman

    The Tax Cuts and Jobs Act made sweeping changes to the Internal Revenue Code. Its international tax provisions — including the transition tax, the foreign-source dividends received deduction, the tax on global intangible low-taxed income and others — have far-reaching implications for state tax systems that broadly conform to the IRC, and present significant compliance burdens for taxpayers, say attorneys with Eversheds Sutherland LLP.

  • Series

    Judging A Book: Berzon Reviews 'We The Corporations'

    Judge Marsha Berzon

    My advice to prospective clerks will now include the suggestion that they read Adam Winkler's new book, "We the Corporations: How American Businesses Won Their Civil Rights," for the same reason I recommend taking a corporations course — appreciating the critical role of business corporations in American life and law, says Ninth Circuit Judge Marsha Berzon.

  • What ABA’s Position On Harassment Means For Employers

    Minjae Song

    In the #MeToo era, the American Bar Association’s recently passed Resolution 302 is a reminder of harassment policy best practices to all employers, and it should be of particular interest to employers in the legal industry, say attorneys with Hunton Andrews Kurth LLP.

  • Practical Considerations For Litigating Proportionality

    Elizabeth McGinn

    By incorporating an explicit requirement that discovery must be “proportional to the needs of the case,” the 2015 amendments to the Federal Rules of Civil Procedure garnered much speculation as to their impact on courts’ decision-making processes. Now that the rules have been implemented for over two years, several themes have emerged, say attorneys with Buckley Sandler LLP.

  • Supporting Nontraditional Data Types In E-Discovery

    Jason Paroff

    The advancement in connected technologies and software has created an explosion of nontraditional data sources that present challenges to e-discovery practitioners. Many tools and techniques used to process traditional data may not be practical for these new data types, say Jason Paroff and Sagi Sam of Epiq.

  • Post-TC Heartland Trends In The 1st Quarter Of 2018

    Christina Ji-Hye Yang

    Since the U.S. Supreme Court’s decision in TC Heartland last year, district courts have received a large volume of motions to dismiss for improper venue. We analyzed 44 recent rulings on these motions, say Christina Ji-Hye Yang and Mareesa Frederick of Finnegan Henderson Farabow Garrett & Dunner LLP.

  • The Insureds’ Burden: Determining Date Of Loss In Texas

    Todd Tippett

    Under Texas law, as reinforced by recent court decisions, the insured bears the burden of establishing that property damage actually occurs on the reported date of loss. Insureds and insurers can use a variety of tools to determine and prove when hail or wind damage occurred, say Todd Tippett and Walter Cardwell of Zelle LLP.

  • Another Post-Dudenhoeffer 'Stock Drop' Casualty

    Danielle Herring

    A Texas federal court's recent decision in Fentress v. Exxon Mobil continues a growing trend of losses for the plaintiffs bar in Employee Retirement Income Security Act “stock drop” cases, which stem from the U.S. Supreme Court’s decision in Fifth Third Bancorp v. Dudenhoeffer, say Danielle Herring and Andrew Epstein of Littler Mendelson PC.

  • Series

    State Tax After TCJA: Blue States' Deduction Strategies

    Gary Botwinick

    What do you do when it seems that Washington is out to get you? If you are a lawmaker or governor in New York, California, New Jersey or any of several other blue states that relies on significant income or property taxes to pay your state’s bills, you get creative, says Gary Botwinick of Einhorn Harris Ascher Barbarito & Frost PC.

  • The Fastest Federal Civil Court For A Decade

    Bob Tata

    Out of 94 district courts nationwide, the Eastern District of Virginia has the fastest civil trial docket in the country, now for at least the 10th straight year. The modern EDVA bench clearly takes pride in efficiently dispensing justice, and this dedication to efficiency has continued even in the face of increased filings, says Bob Tata of Hunton Andrews Kurth LLP.