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Texas

  • October 15, 2018

    Dental Co. Claims Must Go To Arbitrator, High Court Told

    Several dental equipment companies doubled down Monday on their efforts to persuade the U.S. Supreme Court to send a distributor's antitrust case to arbitration, asserting that the Fifth Circuit was wrong to decide that the matter was not arbitrable when the parties expressly delegated that very question to the arbitrator.

  • October 15, 2018

    NJ Judge Tosses Suit Over 'Back To The Future' Car Royalties

    A New Jersey federal judge has scrapped a lawsuit over royalties a DeLorean automobile dealer received from the car logo’s use in merchandising materials for the “Back to the Future” film franchise, ruling Friday that the suit was barred by a settlement resolving related litigation launched by the widow of the car’s visionary.

  • October 15, 2018

    Gender Disparity At The High Court: How Top Law Firms Measure Up

    For the women at elite law firms, an enduring gender gap among advocates can create a high hurdle for their high court ambitions. Here, Law360 looks at the law firms where women score Supreme Court arguments, and where they don’t.

  • October 15, 2018

    BALCA Reverses Cert. Denial For Gas Platform Workers

    A Texas-based design, manufacturing and construction company can hire 210 foreign nationals under the H-2B visa program to help construct an offshore gas platform, an administrative law judge for the Board of Alien Labor Certification Appeals has ruled in reversing a certifying officer's decision.

  • October 15, 2018

    Insurers Say No Coverage For Dispute Over Highway Work

    The American Guarantee & Liability Insurance Co. and Zurich American Insurance Co. asked a Texas federal court to declare that they are not responsible for covering Zachry Industrial Inc. in a $130 million arbitration it faces over allegedly shoddy construction work on the Texas State Highway 130 project.

  • October 15, 2018

    Southwest Must Lease Out Gates At Love Field, Delta Insists

    Delta Air Lines Inc. has urged a Texas federal judge to not let Southwest Airlines Co. duck its purported contractual obligations to make accommodations for gate space at Dallas' Love Field airport, arguing that Southwest made enforceable contractual commitments at the airport where it controls most gates.

  • October 15, 2018

    Texas Builder Says Subcontractor Stole Client, Poached Crew

    A Dallas-area industrial construction company has alleged in Texas state court that a former project manager fed confidential information about pricing for a petrochemical facility job to a subcontractor that stole the client and poached the crew.

  • October 15, 2018

    In-N-Out Can Block Fight For $15 Buttons, Legal Group Says

    The Washington Legal Foundation asked the U.S. Supreme Court to take up In-N-Out Burger's request to review a National Labor Relations Board order blocking it from making workers take off buttons backing wage advocacy group Fight for $15.

  • October 15, 2018

    Cooler Maker Yeti Sets Sights On Renewed $400M IPO

    Texas-based Yeti Holdings Inc. on Monday said it could raise $400 million at midpoint through its initial public offering, bringing the heavy-duty cooler and insulated drinkware company closer to listing on the New York Stock Exchange after pulling an initial bid seven months ago.

  • October 15, 2018

    Fed. Claims Tosses Contractor's $4.5M Levee Rehab Spat

    The Court of Federal Claims on Friday granted the federal government’s summary judgment motion on a $4.5 million lawsuit alleging that a levee rehabilitation contract was misleading, finding that the contractor's interpretation of the contract was unreasonable and awarding the government $424,125 under the liquidated damages clause.

  • October 15, 2018

    Macquarie Executives Hit With Stock-Drop Suit

    Macquarie Infrastructure Corp. executives misled investors by failing to disclose that the company relied heavily on the demand for an oil product put at risk by industrywide changes, according to a derivative suit filed in New York federal court on Friday.

  • October 12, 2018

    Supreme Court Women: A Vet & 1st-Timer Talk Gender Disparity

    In exclusive on-camera interviews with Law360, the most prolific female U.S. Supreme Court advocate of the past decade and a first-timer reflect on the status of women in a field still dominated by men.

  • October 12, 2018

    Will The Future Of The Supreme Court Bar Be Female?

    While women have made significant inroads into the elite world of U.S. Supreme Court advocacy, last term the number of women arguing at the court hit a decade low. Was it an off year? Or a sign of progress stalled?

  • October 12, 2018

    Exco Investors Accused Of Staving Off Its Bankruptcy

    Two secured creditors of bankrupt petroleum driller Exco Resources Inc. hit a group of fellow secured creditors with an adversary proceeding on Friday, alleging units of Fairfax Financial Holdings Ltd. and Bluescape Group abused their insider status for years to saddle Exco with the onerous loans that led to its collapse.

  • October 12, 2018

    Cobalt Investors Seek $147M Deal In Angolan Oil Bribe Row

    A class of Cobalt International Energy investors urged a Texas federal judge Friday to approve a $146.9 million settlement in a securities suit claiming the now-bankrupt company bribed Angolan officials and made misrepresentations that cost the investors billions.

  • October 12, 2018

    Pepsi Unit Gets OK On $292M Arbitration Award

    A state district court judge in Houston on Friday affirmed a $292.2 million arbitration award in favor of Pepsi-Cola Metropolitan Bottling Co. Inc. in an asbestos liability dispute with Cooper Industries LLC.

  • October 12, 2018

    3 Commodity Traders Charged In $60M Spoofing Scheme

    The U.S. Department of Justice said Friday that it has hit three commodity futures traders with fraud and conspiracy charges related to a spoofing scheme that distorted the commodities markets and caused other traders to lose more than $60 million.

  • October 12, 2018

    11 Firms To Lead IPOs Raising $1.8B Amid Market Volatility

    Eleven firms are scheduled to guide nine initial public offerings projected to raise more than $1.8 billion during the week of Oct. 15, steering a lineup led by information technology and gambling companies that are going public under renewed market volatility.

  • October 12, 2018

    Baylor Must Answer Inquiries Into Pepper Hamilton Report

    Plaintiffs alleging Baylor University mishandled or ignored sexual assault allegations, including many against its football players, may ask the university more questions about a controversial 2015 internal investigation by Pepper Hamilton LLP and its fallout, a Texas federal judge has ruled.

  • October 12, 2018

    Health Hires: Insys, Ex-US Atty, Katten, Kasowitz, Dechert

    This week's health and life sciences laterals roundup features new attorneys at Insys Therapeutics Inc., Electrum Partners LLC, Kasowitz Benson Torres LLP, Dechert LLP, Katten Muchin Rosenman LLP, Sidley Austin LLP, Gunster, and Buchalter PC.

Expert Analysis

  • Q&A

    A Chat With Faegre Client Development Chief Melanie Green

    Melanie Green

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Melanie Green, chief client development officer at Faegre Baker Daniels LLP.

  • Opinion

    North Cypress V. Cigna Shows Perils Of Fee-Forgiving

    Jagger Esch

    Last month, a Texas federal court ruled that Cigna did not abuse its discretion when it reduced payments in response to fee-forgiving practices by North Cypress Medical Center. Health providers need to recognize that fee-forgiving is illegal, and enforce coinsurance payments for out-of-network services, says Jagger Esch of Elite Insurance Partners LLC.

  • Why State Marijuana-Impaired Driving Laws Need Reform

    Ian Stewart

    Because current state laws relating to marijuana-impaired driving lack an objective impairment standard, only those who clearly demonstrate impaired driving are likely to be prosecuted and convicted, says Ian Stewart of Wilson Elser Moskowitz Edelman & Dicker LLP.

  • Understanding The Unwinding Of DOL's Fiduciary Rule

    Excerpt from Lexis Practice Advisor
    George Sepsakos

    In Chamber of Commerce v. U.S. Department of Labor, the Fifth Circuit decided the DOL's so-called fiduciary rule conflicted with Section 3(21) of the Employee Retirement Income Security Act. George Sepsakos and Michael Kreps of Groom Law Group discuss the decision's implications and various elements to consider following vacatur of the rule.

  • A Look At OIG's Medicare Exclusion Analysis Under FCA

    David Blank

    A U.S. Department of Health and Human Services administrative law judge recently upheld a ruling from the Office of Inspector General against BestCare and its CEO based on submissions of false claims to Medicare for mileage reimbursement. The decision is notable as it’s the first of its kind since 2011, says David Blank of Quarles & Brady LLP.

  • What The Arkema Indictment Means For Chemical Cos.

    Benjamin Patton

    Last month, a Texas grand jury indicted Arkema Inc., its CEO and a plant manager for allowing a release of air contaminants during Hurricane Harvey. The indictment is legally significant because it represents a criminal prosecution for a safety incident that involved no fatalities or catastrophic environmental harm, say Benjamin Patton and Mary Balaster of Reed Smith LLP.

  • Q&A

    Back To School: Widener's Rod Smolla Talks Free Speech

    Rodney Smolla

    In this new series featuring law school luminaries, Widener University Delaware Law School dean Rodney Smolla discusses teaching philosophies, his interest in First Amendment law, and arguing before the U.S. Supreme Court in Virginia v. Black.

  • New Pass-Through Deduction Will Pass Over Many Lawyers

    Evan Morgan

    A few weeks ago, the IRS proposed regulations related to the Tax Cuts and Jobs Act's 20 percent deduction on qualified business income for pass-through entities. The guidance offers long-awaited clarity, but is mostly bad news for many law firms, says Evan Morgan of Kaufman Rossin PA.

  • How Reckless Judicial Impeachments Threaten Rule Of Law

    Jan van Zyl Smit

    Judicial impeachment fever seems to be spreading through the states, with West Virginia legislators recently voting to remove their state's entire Supreme Court, and lawmakers in Pennsylvania and North Carolina threatening the same. These actions are a serious threat to judicial independence, says Jan van Zyl Smit of the Bingham Centre for the Rule of Law.

  • Series

    Judging A Book: Fogel Reviews 'Good Judgment'

    Judge Jeremy Fogel

    In this time of partisan conflict over judicial selection, a new book by Canadian jurist Robert J. Sharpe —​ "Good Judgment" — represents a refreshing, deeply thoughtful departure from binary arguments about how and why judges make decisions, says U.S. District Judge Jeremy Fogel, director of the Federal Judicial Center.