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Texas

  • 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.

  • July 31, 2018

    Ore. Farm Co. Let Out Of Suit Over Texas Truck Driver’s Death

    A Texas appeals panel on Tuesday dismissed an Oregon farm store company from a wrongful death suit filed by the family of a truck driver killed by falling cargo while unloading a shipment at the company's facility, finding there are not enough legally pertinent connections between the company and Texas for it to face claims there.

  • July 31, 2018

    Bradley Arant Picks Up Energy Attys From Foley Gardere

    Bradley Arant Boult Cummings LLP has added three new partners to its Houston office from Foley Gardere, boosting the Alabama-based firm’s stable of energy industry attorneys.

  • July 31, 2018

    Voters Take 'Misleading' Tax Measure Fight To Texas Justices

    A group of residents of Friendswood, Texas, have appealed to the Texas Supreme Court, asking it to overturn a lower court's ruling saying a tax measure placed on the ballot was not misleading to voters.

  • July 30, 2018

    Ranch Says Permian Operator Owes $2M For Breaches

    The Mabee Ranch Royalty Partnership LP filed a lawsuit Monday in Texas state court against Permian Basin operator Concho Resources, alleging it's owed $2 million or more for multiple and repeated breaches of a lease for its acreage in West Texas that includes drilling across lease lines and not paying royalties on flared gas.

  • July 30, 2018

    States Sue To Block Federal 3D Gun Printing Settlement

    Eight states and Washington, D.C., sued the Trump administration in Washington federal court Monday, seeking to block a recent settlement allowing a defense firm to publicly post 3D printing plans for guns online, saying the deal would wrongly allow “dangerous criminals” to effectively access untraceable weapons.

  • July 30, 2018

    Texas Court Revives Suit Over Trucker's Accident Death

    A Texas appellate panel has partially revived claims by the family of an oil field truck driver that excessive on-the-road hours imposed by his company led to fatigue that caused him to fatally crash on the job.

  • July 30, 2018

    Texas Shipper Buys Plant For $15M In Gas Gathering Dispute

    A settlement Monday ended a Texas state court trial over a natural gas gathering and processing dispute in which Badger Midstream Energy LP accused Scout Energy Group III LP of surreptitiously taking about $20 million worth of product from the pipeline stream, with Scout agreeing to purchase Badger's processing plant for $15 million.

  • July 30, 2018

    Houston Firm Asks Court To End Dead Firefighter Benefit Row

    Houston law firm The Hall Law Group PLLC has filed a lawsuit asking a Harris County district court judge to settle a dispute between the mother of a firefighter killed in the line of duty in 2013 and the city of Houston over $302,404 in benefits paid following his death.

  • July 30, 2018

    Contractor Owes $2M From Renovation, Condo Owner Says

    The owner of a luxury condominium development in Houston has launched a $2 million lawsuit in Texas federal court against the contractor hired to renovate the property, saying the company failed to complete the project on time and billed for work already included in the building contract.

  • July 30, 2018

    Estes Thorne Lures Back Ex-Dallas Hospital GC

    Dallas-based Estes Thorne & Carr PLLC has announced that a health care attorney and former hospital general counsel has rejoined the firm as a partner in its health care regulatory compliance practice group.

Expert Analysis

  • An Update On DTSA And Trade Secret Damages

    Daniel McGavock

    Since the Defend Trade Secrets Act became law two years ago, there have been more than 800 related cases filed in federal district courts. Consultants at Charles River Associates provide a brief update on DTSA lawsuits and discuss two recent appellate decisions relating to damages that trade secrets litigators need to be aware of.

  • Series

    From Lawmaker To Lawyer: 6 Things I Learned In Congress

    Charles Gonzalez

    I found that senior members of Congress didn’t have time to mentor younger members. Lawyers — though just as busy as members of Congress — cannot afford to follow this model, says former Rep. Charles Gonzalez, D-Texas, of Ogletree Deakins Nash Smoak & Stewart PC.

  • Which Deposition Costs Are Recoverable In Texas?

    Bryce Callahan

    Texas appellate courts seldom delve into questions about which litigation expenses are recoverable, and when they do, they can disagree about the answers. Trial lawyers should carefully consider which deposition-related expenses are truly necessary to the conduct of their case, since many of those costs may be unrecoverable even to a prevailing party, say Bryce Callahan and Elizabeth Wyman of Yetter Coleman LLP.

  • Opinion

    BigLaw's Associate Salary Model Is A Relic Of A Bygone Era

    William Brewer

    Legal industry compensation practices are once again in the news as BigLaw firms continue to match the new high watermark of $190,000 for first-year associate salaries. The typical model of increasing associate salaries uniformly fails star associates, the firms they work for and, ultimately, the clients they serve, says William Brewer, managing partner of Brewer Attorneys & Counselors.

  • What NFL Should Do About Cheerleader Discrimination Claims

    Kerry Garvis Wright

    The National Football League has been implicated in the #MeToo movement as it faces a series of sexual harassment and gender discrimination allegations against individual teams. There are several steps the NFL and its teams can take to remedy these issues, say Kerry Garvis Wright and Aaron Swerdlow of Glaser Weil LLP.

  • #MeToo At Law Firms And What We Can Do About It

    Beth Schroeder.JPG

    While some may say it’s ironic, it’s also embarrassing and enraging that the very industry that offers anti-harassment training, policies and counsel now finds itself the subject of #MeToo headlines. The American Bar Association recommendation that will bring about the greatest change is the call to provide alternative methods for reporting violations, says Beth Schroeder, chair of Raines Feldman LLP's labor and employment group.

  • Knowledge Lawyers Can Help Firms Stay Ahead Of The Curve

    Vanessa Pinto Villa

    In a profession notoriously averse to change, it should come as no surprise that there is skepticism about the value of having attorneys perform nonbillable tasks. But U.S. law firms have slowly begun to incorporate knowledge lawyers into their operations — and the trend is likely to continue, says Vanessa Pinto Villa of Hogan Lovells.

  • Insights From State AG Coordinated Opioid Investigation

    Richard Lawson

    Much ink has been and will be spilled over the merits and complexities of the lawsuits brought against opioid manufacturers by 23 state attorneys general. However, for any company engaged in a consumer-facing industry, the progress of the recent multistate investigation offers lessons on what to expect when subject to this type of inquiry, says Richard Lawson of Manatt Phelps & Phillips LLP.

  • An Unprecedented Look Inside The FARA Unit

    Brian Fleming

    For close observers of the Foreign Agents Registration Act, the June 8 release by the U.S. Department of Justice of over 50 FARA advisory opinions was a watershed. These opinions offer an unprecedented glimpse into how the FARA Registration Unit interprets the law, say Brian Fleming and Andrew Herman of Miller & Chevalier Chtd.

  • Amended Fiduciary Rule: Done, Done, On To The Next One

    Andrew Oringer

    The deadline for appealing the Fifth Circuit's decision on the amended fiduciary rule to the U.S. Supreme Court expired on June 13, and — pending the Fifth Circuit's mandate ordering the U.S. Department of Labor to officially strike it down — the rule is no more. So, what now? Will the clock be turned back to an earlier time? Maybe not completely, say Andrew Oringer and Aryeh Zuber of Dechert LLP.