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Texas

  • August 3, 2018

    Texas 'Frack Master' To Stay Behind Bars Until Fraud Trial

    The former CEO of Dallas fracking venture Breitling Energy and self-described "frack master" must stay in jail while awaiting trial, a federal judge ruled Thursday, calling his purchase of international plane tickets “remarkably suspect” and citing his lawyer mother’s recent exit from the country.

  • August 2, 2018

    Endo To Pay Texas $13M Over Off-Label Lidoderm Sales

    Endo Pharmaceuticals Inc. has agreed to pay Texas $13.25 million to settle whistleblower claims that it defrauded the state’s Medicaid program by advertising its pain medication Lidoderm for unapproved uses, according to the relators’ attorneys.

  • August 2, 2018

    Focus Brands Inks $200M Deal To Take Jamba Juice Private

    Private equity-backed Focus Brands Inc. has agreed to take the Texas-based owner of health food chain Jamba Juice private in a deal valued at roughly $200 million and steered by Paul Weiss Rifkind Wharton & Garrison LLP and DLA Piper, the companies announced on Thursday.

  • August 2, 2018

    Walmart Beats Insurer's Appeal In $1.7M Heater Fire Suit

    A Texas appeals court on Thursday affirmed that the property insurer for a Corpus Christi U.S. Postal Service office cannot seek to hold Walmart Inc. liable for $1.7 million in fire damage traced to a defective space heater allegedly sold by the retail giant, holding that the insurer’s suit fails under a state law shielding “innocent sellers” from product liability claims.

  • August 2, 2018

    Albertsons Says FCA Suit Makes Same Claims As Earlier Ones

    National grocery company Albertsons LLC has urged a Texas federal court to dismiss a suit claiming it submitted false claims to Medicare and Medicaid for various drugs, arguing the same allegations had already been brought up in previous cases, one by the current plaintiff.

  • August 2, 2018

    Startup Fights Paper's Bid To Unseal Records After $706M Win

    A data analytics startup has opposed a newspaper's bid to unseal court records from its $706 million trade secrets win over a Quicken Loans affiliate, saying the Texas statute used to seal the documents does not allow for interlocutory appeal.

  • August 2, 2018

    Texas Court Claims Immunity In Suit Over Assistant’s Firing

    The Texas Court of Criminal Appeals has asked a Texas federal court to toss a suit by a former employee alleging she was fired over her political posts on Facebook, arguing that the court has sovereign immunity and her posts were inappropriate for someone publicly associated with the court.

  • August 1, 2018

    Exec Hit With FCPA Charges For Venezuelan Bribe Scheme

    A Venezuelan-American businessman has been charged with Foreign Corrupt Practices Act violations for funneling hundreds of thousands of dollars in bribes to an official of Petroleos de Venezuela SA to secure contracts from the state-backed oil and gas company, prosecutors said Wednesday.

  • August 1, 2018

    Atty Fees Chopped By $1.6M In Energy Newsletter IP Suit

    A Texas federal judge has reduced by $1.6 million attorneys’ fees awarded to the publisher of an energy industry newsletter, ruling the publisher was not entitled to the original fee amount after it rejected a settlement offer from an advising firm it accused of distributing the newsletter without permission.

  • August 1, 2018

    Trucking Instructor Exempt From Arbitration, Court Says

    A Texas appeals panel has affirmed a lower court’s decision that a trucking company’s former orientation instructor qualifies as a transportation worker under the Federal Arbitration Act, thus exempting him from an arbitration pact and freeing him to pursue his age discrimination and retaliation lawsuit.

  • August 1, 2018

    TTAB Says Houston Distillery Can Register 'East End'

    The Trademark Trial and Appeal Board has ruled that a Texas distillery can register “East End” as a trademark for alcohol, ruling that the brand name is not simply descriptive of the eastern part of Houston.

  • August 1, 2018

    Enerpipe Not Liable For Worker's Accident: Texas Court

    A Texas appeals court panel on Wednesday affirmed a lower court's tossing of a man's negligence claim against Enerpipe Ltd., a pipeline construction company whose employee's car collided with his, finding there is no evidence the worker was performing tasks for the company when the accident happened, so the employer is not liable.

  • August 1, 2018

    JPML Won't Centralize 3 Separate Tribal Lender Cases

    The U.S. Judicial Panel on Multidistrict Litigation on Wednesday said that although allegations that a tribe-linked lender was used as a front to evade state usury laws are similar in three separate cases, they don't need to be centralized in Oklahoma federal court.

  • August 1, 2018

    5th Circ. Rules Aetna Can't Sue Texas Hospital Over Billing

    The Fifth Circuit has ruled that Aetna Life Insurance Co. can't sue an out-of-network Texas hospital for misrepresenting its billing practices, saying Aetna could not claim it was unaware of what those billing practices were.

  • August 1, 2018

    Ford Sues Dealership Chain Over $40M In Defaulted Loans

    Ford Motor Co.’s financing unit has sued a chain of Texas car dealerships for $40 million, claiming the chain and its owners defaulted on financing agreements by delaying payments on sold cars and falsifying records to obtain extra loans.

  • July 31, 2018

    Google Can’t Move Texas IP Case To Calif., Says Gilstrap

    U.S. District Judge Rodney Gilstrap has denied Google's bid to move a patent infringement lawsuit brought against it in the Eastern District of Texas by Seven Networks LLC to the Northern District of California, holding that Google's servers housed by third-party internet service providers in the district allowed the suit to stay.

  • July 31, 2018

    Huawei Faces Patent Infringement Suit Over 'One Hand Mode'

    A South Korean university sued two Huawei Technologies Co. Ltd. units in Texas federal court Tuesday accusing the Chinese electronics company of infringing a pair of patents with the “one hand mode” found on a number of smartphones linked to U.S. markets.

  • July 31, 2018

    Texas Therapists Ink Settlement With FTC Over Pay Rates

    The Federal Trade Commission said Tuesday that a Texas staffing company for therapists and the former owner of a rival have settled charges that they colluded to keep pay rates low and had asked other companies to join the scheme. 

  • July 31, 2018

    Feds Can't Medicate Immigrant Kids Without Consent

    A California federal judge has ordered the Trump administration to transfer all but the most unstable foreign-born minors out of a Texas residential treatment center, adding that the federal government may not medicate the children with psychotropic drugs without getting consent first.

  • July 31, 2018

    Osprey Shareholder Sues To Stop $400M Blackstone Deal

    An Osprey Energy Acquisition Corp. shareholder has filed a class action suit in Philadelphia’s Court of Common Pleas seeking to stop the company’s $400 million purchase of Blackstone Group LP’s Texas shale stake, claiming top executives withheld information from shareholders to convince them to give up majority control of the new company.

Expert Analysis

  • The Path To Restitution After Lagos

    Shannon Murphy

    While the U.S. Supreme Court's decision in Lagos eliminated the traditional way that many corporate victims recouped investigation costs, there still may be ways for at least a subset of those costs to be recovered, say Shannon Murphy and Steven Grimes of Winston & Strawn LLP.

  • Texas Case Shows Clarity Is Key In The Appraisal Process

    Jennifer Gibbs

    The 14th Court of Appeals in Houston recently ruled in TWIA v. Dickinson that an appraisal award alone does not provide sufficient evidence to conclusively show that damage was caused by a covered peril. Parties to the appraisal process should cooperate in educating the appraisal panel as to the issues being addressed, say Jennifer Gibbs and Michael Upshaw of Zelle LLP.

  • Roundup

    From Lawmaker To Lawyer

    From Lawmaker To Lawyer

    Earlier this year, Rep. Trey Gowdy, R-S.C., made headlines with his decision to leave Congress and return to law. ​​In this series, former members of Congress who made that move discuss how their experience on the Hill influenced their law practice.

  • Opinion

    A Trump Supreme Court Nominee Can Be Defeated

    Nan Aron

    The Senate Republican leadership and the Trump administration are racing to fill Justice Anthony Kennedy’s spot on the U.S. Supreme Court. Does opposition to their plans have any chance of success? My answer is yes, because the stakes are so high, people are so engaged, and the records of those short-listed are so deeply troubling, says Nan Aron, president of Alliance for Justice.

  • New Stats On Millennial Attorney Disciplinary Actions

    Jean Edwards

    In this analysis of disciplinary action trends in the legal industry, Edwards Neils LLC managing member Jean Edwards examines data provided by bar organizations for 17 states and the District of Columbia.

  • A Midyear Review Of State Attorney General Enforcement

    Joe Jacquot

    While appealing to voters this election season, attorney general candidates will inevitably target industries with promises of using their state enforcement powers. AGs are also increasingly defining themselves publicly by reacting to the federal government, whether by filing a lawsuit against the president or opposing congressional acts, says Joe Jacquot of Foley & Lardner LLP.

  • A Cloud On The Horizon: Trade Secret Theft In The Cloud

    Amy Van Zant

    Although courts and companies have at times struggled to keep pace with the rapidly evolving challenges surrounding the use of cloud-based software, some best practices have emerged from the body of case law addressing claims of cloud-based appropriation of trade secrets, say attorneys with Orrick Herrington & Sutcliffe LLP.

  • Series

    From Lawmaker To Lawyer: Prioritizing Is Always Key

    Joe Lieberman

    Today, members of Congress often seem able to blame colleagues of the other party for not getting anything done for their constituents. In law practice, you can’t really blame a bad result for your clients on the lawyers on the other side, says former Sen. Joe Lieberman, D-Conn., of Kasowitz Benson Torres LLP.

  • Series

    From Lawmaker To Lawyer: How Congress Affected My Career

    Yvonne B. Burke

    Being a former member of Congress put me in an advantageous position when I approached law firms in the late '70s, at a time when there were few female lawyers, and even fewer African-American lawyers, in major law firms, says former Rep. Yvonne B. Burke, D-Calif., a director of Amtrak.

  • Series

    From Lawmaker To Lawyer: DC Isn't As Bad As You Think

    Norm Coleman

    Popular culture paints the Hill as a place teeming with intrigue, corruption and malicious intent. But in Congress I learned important lessons about respecting people and the work they do, says former Sen. Norm Coleman, R-Minn., of Hogan Lovells.