Texas

  • February 13, 2018

    4 Firms Guide $3.8B WMIH-Nationstar Merger

    WMIH, a company primarily dealing in reinsurance, and Nationstar Mortgage on Tuesday announced their plan to merge in a deal with an enterprise value of $3.8 billion, guided by Simpson Thacher & Bartlett LLP, Akin Gump Strauss Hauer & Feld LLP, Debevoise & Plimpton LLP and Davis Polk & Wardwell LLP.

  • February 13, 2018

    Baylor Can’t Use Med Mal Law To Beat Wrongful Firing Suit

    A Texas state appellate court refused Monday to throw out a surgical resident's wrongful termination suit against Baylor University Medical Center, ruling the resident did not need an expert report to bring the suit because the allegations were not tied to the treatment of a patient.

  • February 13, 2018

    Proskauer Says No Evidence Ex-Partner Aided Stanford Scam

    The review of tens of millions of pages of documents and a slew of other discovery work has not unearthed “a shred of evidence” that Proskauer Rose LLP and a former partner knew about onetime client Robert Stanford’s massive Ponzi scheme, the firm told a Texas federal judge on Monday.

  • February 13, 2018

    Arcade Bar Says Rivals In Texas Are Infringing TM

    Barcade, a New York-based company that operates bars featuring arcade games, defended its trademark in Texas federal court on Monday, filing suit against two West Texas bars it alleges have used the “barcade” mark in their advertisements.

  • February 12, 2018

    5th Circ. Nom's Resume Marked By Texas Policy Battles

    Through his work for the state of Texas, Andrew S. Oldham, President Donald Trump's latest pick for the Fifth Circuit, has built a track record championing conservative policies in high-profile cases on abortion access, fair housing and immigration.

  • February 12, 2018

    Honduran's Bid For Removal Review Denied By 5th Circ.

    A Fifth Circuit panel concluded Monday that neither an immigration judge nor the Board of Immigration Appeals abused discretion by denying a Honduran woman's request to reopen deportation proceedings that she claimed she never received notice of.

  • February 12, 2018

    Chubb Negligently Rejected $2M Injury Deal, Suit Says

    Excess insurer American Guarantee and Liability Insurance Co. told a Texas federal court on Friday that Chubb Ltd. should pony up the extra money it was forced to pay in a wrongful death action, arguing that Chubb had rejected a $2 million offer to settle the underlying suit.

  • February 12, 2018

    Former Venezuelan Oil Execs Charged In Bribery Scheme

    Prosecutors on Monday unveiled foreign bribery-related charges against five former Venezuelan government officials allegedly connected to a scheme to fraudulently secure energy contracts from the South American nation’s state-owned oil giant, saying one of the officials has been extradited from Spain.

  • February 12, 2018

    AGs Back Ban On Sex Harassment Arbitration Clauses

    Attorneys general in all 50 states, the District of Columbia and several U.S. territories told Congress on Monday that it’s time to prohibit employers from keeping claims of sexual harassment hush-hush with forced arbitration.

  • February 12, 2018

    Nossaman Adds Health Care Litigator To Austin Office

    Nossaman LLP has bolstered its health care practice group with the hiring of a litigator to join its office in Austin, Texas, the firm announced Monday.

  • February 12, 2018

    Uber Sued By Texas Woman Allegedly Raped By Driver

    An anonymous woman who lives in Bexar County, Texas, has joined the ranks of those who have filed suit alleging Uber Technologies Inc.'s lax vetting of drivers and lack of safeguards led to her sexual assault.

  • February 12, 2018

    WorldLink Can't Revive Coverage Bid, Insurer Tells 5th Circ.

    RSUI Indemnity Co. on Friday asked the Fifth Circuit to turn down staffing agency Adi WorldLink LLC’s attempt to revive its claim for coverage for a chain of employee arbitrations, saying because the first claim was late it had the right to reject the entire batch.

  • February 12, 2018

    Houston BBQ Joint Owner Seeks $1M For Alleged Shutout

    A partial owner of a popular Houston barbecue joint that's been in business and family-owned for more than 50 years filed a lawsuit against the other owners in state district court on Friday, alleging they have effectively cut him out of the business and owe more than $1 million in damages.

  • February 12, 2018

    Trump Taps 9 In Latest Round Of Judicial Nominations

    President Donald Trump nominated several attorneys to appellate judgeships in the Ninth, Seventh and Fifth circuits on Monday, the latest picks to fill out some of the highest-profile vacancies in the country.

  • February 9, 2018

    Chicago's Whitehall Fights Texas Hotel's TM Suit Exit Bid

    Chicago’s historic Whitehall Hotel said a Houston hotel should not be allowed to exit a suit accusing it of infringing on its trademarks by having the same name and a confusingly similar logo, telling an Illinois federal judge Thursday that the court has jurisdiction over the Texas hotel.

  • February 9, 2018

    Too Soon For Korean Financial Authority Ruling, Judge Says

    A financial professional in Texas was premature in seeking a judgment declaring that a South Korean financial regulator must comply with a request she plans to make for evidence in support of her breach of contract case against a Seoul-headquartered tire company, a New York federal judge ruled Thursday.

  • February 9, 2018

    ​​​​​​​At 40, ICWA May Be Facing Its Biggest Legal Hurdle

    The Indian Child Welfare Act has proved to be a powerful tool to keep Native American children with tribal families since it was enacted in 1978, but a recent suit by Texas, Louisiana and Indiana might be the sternest challenge yet to the constitutionality of the law.  

  • February 9, 2018

    Fed. Circ. Says It Can’t Hear Antitrust Appeal In Patent Feud

    The Federal Circuit transferred an antitrust dispute in a long-running patent battle to the Fifth Circuit on Friday after finding that a claim involving a company's alleged fraud on the U.S. Patent and Trademark Office to obtain market power did not fall within the court's exclusive purview over patent appeals.

  • February 9, 2018

    Texas, Nev. AGs Defend Ariz. Law Opposing Israel Boycotters

    Attorneys general from Texas and Nevada on Friday filed an amicus brief in a lawsuit in Arizona federal court, offering their support for a law that bars state-funded contractors from boycotting Israel.

  • February 9, 2018

    Texas Judge Keeps Suit Over 'Ice Cold' Distribution Alive

    A Texas federal judge on Friday refused to dismiss a suit brought by Green Ice Technologies, the distributor of the Ice Cold 2 refrigeration and air conditioning enhancer, that claimed Ice Cold 2’s owners tried to cut it out of the sales process by making deals directly with its customers.

Expert Analysis

  • How To Control Data As Technology Complicates E-Discovery

    Peter Ostrega

    While technology is making certain aspects of e-discovery faster and easier, it is also creating new challenges as quickly as we can provide solutions. The good news is that there are concrete steps businesses can take to address those challenges, says Peter Ostrega of Consilio LLC.

  • Rebuttal

    Aubin Ruling Changes Nothing For Fla. Asbestos Claims

    Jonathan Ruckdeschel.jpg

    A recent Law360 guest article suggested that the Florida Supreme Court’s Aubin v. Union Carbide decision changed products liability law in Florida to the benefit of asbestos plaintiffs. Having litigated thousands of asbestos claims in Florida, we must clarify that Aubin follows the long-standing use of the consumer expectations test in asbestos cases, say attorneys Jonathan Ruckdeschel, Alan Pickert, Anita Pryor and Rebecca Vinocur.

  • 2017 Health Care Enforcement Review: Materiality Under FCA

    Laurence Freedman

    As expected, the U.S. Supreme Court's Escobar decision triggered a spate of litigation over how to apply the materiality standard in False Claims Act cases. Throughout 2017, the lower courts built upon the standard, but we expect courts to continue to grapple with the issue through 2018, say Laurence Freedman and Jordan Cohen of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • What It Means If States Can Set Medicaid Work Requirements

    Caroline Brown

    In a long-anticipated move, the Centers for Medicare & Medicaid Services recently announced that it will allow states to implement Medicaid work requirements, representing a major shift in the agency's policy. However, the move will only impact a small percentage of the Medicaid population, say Caroline Brown and Philip Peisch of Covington & Burling LLP.

  • Removal In 2017: How Defendants Got To Federal Court

    Brett Clements

    Product liability defendants often seek to remove cases to federal court, because federal jurisdiction means federal pleading standards, robust expert discovery, efficiency through uniform procedural and evidentiary rules and, often, more diverse jury pools. Last year, several cases highlighted the evolving removal landscape and addressed four important questions, say Brett Clements and Amy Rubenstein of Schiff Hardin LLP.

  • Rebuilding Texas: Design-Build In Public Procurement

    Brian Gaudet

    Following Hurricane Harvey, members of the construction industry planning to engage in reconstruction projects should understand the design-build delivery method under the Texas public procurement statutes. Design-build projects for buildings are treated differently than design-build civil projects, say Brian Gaudet and Courtney Lynch of Kilpatrick Townsend & Stockton LLP and Traci Donatto of American Constructors Inc.

  • 2017 Health Care Enforcement Review: Trends In FCA Cases

    Kevin McGinty

    The volume of health care-related qui tam litigation under the False Claims Act remained robust last year. In the first of four articles on health care enforcement in 2017, Kevin McGinty of Mintz Levin Cohn Ferris Glovsky and Popeo PC discusses the important takeaways from a number of trends.

  • 6 E-Discovery Predictions For 2018

    Erich Potter

    Erich Potter, discovery counsel with Oles Morrison Rinker & Baker LLP, discusses six ways e-discovery will continue to excite and confound in 2018.

  • How Sanctuary City Regs Could Impact Houston Real Estate

    Hilary Tyson

    President Donald Trump’s sanctuary city ban has been enmeshed in litigation since it was enacted, as has similar legislation in the Texas Legislature. But while the future of these regulations may not be certain, they still stand to exact broad impacts, both in Houston and beyond, say Hilary Tyson and Lauren McLaughlin of BoyarMiller.

  • Rebuilding Texas: The 2 Types Of Construction Management

    Brian Gaudet

    For members of the construction industry planning to engage in reconstruction projects following Hurricane Harvey, it is important to know how Texas public procurement law regulates two project delivery methods — construction manager-agent and construction manager-at-risk, say Brian Gaudet and Courtney Lynch of Kilpatrick Townsend & Stockton LLP. ​