Texas

  • February 2, 2018

    Taxation With Representation: Fenwick, Morgan, Sidley

    In this week’s Taxation With Representation, SAP closed a $2.4 billion deal for Callidus, Dr Pepper Snapple and Keurig merged to create an $11 billion powerhouse and WestRock bought KapStone for $4.9 billion.

  • February 2, 2018

    Investors Seek Class Cert. In EZCorp Securities Fraud Suit

    An investor in the pawn shop operator and “instant cash” loan provider EZCorp Inc. asked a Texas federal judge Wednesday to certify a nationwide class in his suit claiming the company’s CEO knowingly misled investors about the financial well-being of his company.

  • February 1, 2018

    Hospital's $9M Agreement To Trump $43M Med Mal Verdict

    A Texas jury on Tuesday awarded approximately $43 million in a suit accusing a hospital of negligently allowing a physician on probation to treat a patient, which caused permanent injuries and the need for a liver transplant, but the hospital will only pay $9 million pursuant to a pre-existing agreement.

  • February 1, 2018

    REIT Investors Look To Keep Fraud Suit Alive Amid Deal Talks

    Investors in two United Development Funding real estate investment trusts who sued them for fraud in Texas federal court urged a judge on Wednesday to keep the case alive, even as they are reportedly closing in on a mega-settlement that would solve the REITs’ purported problems.

  • February 1, 2018

    Water District Shielded From Flooding Suit, Texas Panel Says

    A Texas water district won't have to face a lawsuit brought by about 50 property owners alleging it was responsible for flooding to their homes and related injuries after a state appellate court on Wednesday determined the governmental entity was immune from the claims, reversing a trial court's decision.

  • February 1, 2018

    Santander Unit Wants Rethink On Bid To Toss Investor Suit

    A Santander Group vehicle financing unit on Wednesday sought a second look at its bid to toss an investor suit alleging the company’s stock price was inflated through accounting fraud, telling a Texas federal judge that his previous decision to largely spare the suit was based in part on allegations that weren’t pled in the investors’ complaint.

  • February 1, 2018

    Texas Appeals Court Sides With Doc In Expert Report Row

    A Texas appellate court on Thursday sided with a doctor in a medical malpractice suit, agreeing that an expert report submitted in support of the claims that he failed to remove the entirety of a toothpick from a patient's foot — leading to an abscess and bone infection — was deficient.

  • February 1, 2018

    5th Circ. Won’t Interfere With Opioid Probe Into Texas Doc

    The Fifth Circuit has rejected a doctor’s attempt to block disciplinary proceedings against him for allegedly overprescribing opioids, ruling Wednesday that he failed to establish bad faith on his interrogators' part, as is required for federal courts to intervene in state civil or criminal prosecutions.

  • February 1, 2018

    Landowner Can't Overturn Energy Co.'s Win In Spill Suit

    Texas' Ninth Court of Appeals on Thursday denied a landowner's bid to overturn an early win granted to Samson Exploration LLC in a dispute over who is responsible for both the cost of a chemical spill on his property and the cost of pursuing legal action to recoup those costs.

  • January 31, 2018

    Tax Ballot Proposal Misled Voters, Citizens Tell Texas Court

    Counsel for residents of Friendswood, Texas, told a state appellate court in oral arguments Wednesday that the city council violated the election code when it placed a proposition for a new economic development sales and use tax on a special election ballot but failed to inform voters the funds would go to an economic development corporation.

  • January 31, 2018

    Axing Restasis Patents Would Stifle Innovation, PhRMA Warns

    The Pharmaceutical Research and Manufacturers of America on Wednesday warned the Federal Circuit that allowing a district court to invalidate four patents tied to the dry-eye medication Restasis will block innovation in the pharmaceutical industry, as it undercuts protections tied to drugs being successful and filling a “long-felt need.”

  • January 31, 2018

    Delta Says Dallas Airport Competition Requires Gate Leases

    Delta Air Lines asked a Texas federal court Tuesday to rule that it was entitled to lease two gates at a small airport in Dallas and end a long-running dispute, arguing that the city of Dallas had an obligation to allow Delta to continue using the gates in order to allow competition at the airport.

  • January 31, 2018

    Texas Court Tosses Wrongful Death Case Against Pharmacy

    A Texas state appeals court Tuesday tossed a wrongful death suit alleging a young woman found dead in her bathtub four days after using a compound prescription lotion would have survived had the doctor never prescribed it, finding the lower court erred in accepting unfounded expert witness testimony.

  • January 31, 2018

    Oilfield Services Cos. Fill IPO Pipeline As Prices Rally

    A spate of private equity-backed oilfield services companies have priced or launched initial public offerings in the early weeks of 2018, taking advantage of rising oil prices that experts say are helping spur more public filings after a market slump last year discouraged IPOs.

  • January 31, 2018

    Texas Court Revives Air Ambulance Co.'s Insurance Fee Fight

    A Texas appellate court on Wednesday reversed a trial court's ruling granting an early win to Texas Mutual Insurance Co. in a dispute over reimbursements with an air ambulance company, holding that the Airline Deregulation Act of 1978 preempts state laws governing the price an air carrier can charge.

  • January 31, 2018

    Hunger For Food And Bev M&A May Cause Antitrust Concerns

    The merger between Keurig and Dr Pepper Snapple is unlikely to raise antitrust concerns, but if the high-profile blockbuster sets off a wave of major consolidation in the food and beverage space, regulators will have no choice but to start looking closely at future deals in the industry.

  • January 31, 2018

    How Ditching Work For Months Can Help Your BigLaw Career

    What one Norton Rose Fulbright partner learned about how to be a better lawyer by taking an "adult timeout" from his busy ERISA practice and learning to embrace his sense of adventure.

  • January 30, 2018

    'Suspicious' Suit Keeping $82M Yacht In Mexico, Feds Say

    The U.S. government blasted a company's attempt to thwart the seizure of an $82 million yacht in a money laundering case, telling a Texas federal judge Monday that Lightray Capital LLC had filed a "highly suspicious lawsuit" to keep the boat stuck in Mexico.

  • January 30, 2018

    BP Unit Can Stay Out Of Algerian Rig Attack Suit

    A Texas appellate court Tuesday affirmed the dismissal of BP Amoco Exploration In Amenas Ltd. from a lawsuit brought by a drilling supervisor who was working at a rig in Algeria when terrorists overtook a nearby gas plant in 2013, saying the company lacked sufficient contacts to establish Texas jurisdiction.

  • January 30, 2018

    5th Circ. Nixes DOJ Health Care Fraud Win On Paltry Evidence

    The Fifth Circuit overturned health care fraud and conspiracy convictions for a Louisiana-based doctor and home health care operator on Tuesday, saying U.S. Department of Justice prosecutors had shown insufficient evidence to support the $34 million case.

Expert Analysis

  • Roundup

    My Strangest Day In Court

    Logo

    Every seasoned litigator has his or her fair share of courtroom stories. Check out the strange experiences that captured reader interest in this popular 2017 series.

  • Ohio's New Practical Approach To Waste Management

    David Edelstein

    Ohio will soon join Texas and New Jersey as the only states to regulate “paint and paint-related waste” as universal waste under the Resource Conservation and Recovery Act. The move is a positive change for Ohio industries from both an economic and “practicality of handling waste” perspective, says David Edelstein of Vorys Sater Seymour and Pease LLP.

  • How 2 Devices And 1 Domain Changed My Practice In 2017

    Paul Kiesel

    The question I ask about new technology is how can it improve the quality of my practice — and my life? This year, the iPhone X, the Apple Watch Series 3 and a .LAW domain have proven to be great investments, for professional and personal reasons, says attorney Paul Kiesel of Kiesel Law LLP.

  • Alternative Fees: My Experience At Bartlit Beck

    J.B. Heaton

    Bartlit Beck was a wonderful place to work for 18 years, and the lawyers there are not only excellent attorneys but also great people. That said, I can look analytically at the Bartlit Beck fee model and make some observations on its pros and cons, says J.B. Heaton, founder of investment analytics company Conjecture LLC.

  • Opinion

    Jurors Should Have An Active Role In Trials

    Judge Amos Mazzant III

    We tell jurors how important they are to the successful implementation of our judicial system, but oftentimes we don’t treat them with the reverence they deserve. U.S. District Judge Amos Mazzant III of the Eastern District of Texas, Lisa Blue of Baron and Blue, and Robert Hirschhorn of Cathy E. Bennett & Associates advocate three improvements to give jurors an active role in our civil and criminal jury trials.

  • Why Information Governance Is More Important Than Ever

    Linda Sharp

    It used to be that hiring a good law firm was the single most important thing a company could do when facing litigation. You could now make the case that an organization’s most powerful asset in prosecuting or defending a claim is its information, says Linda Sharp, associate general counsel of ZL Technologies and chair of the ACC Information Governance Committee.

  • Biometrics In The Workplace: Best Practices For Compliance

    Thomas Mandler

    Biometric technology may provide higher security and greater efficiencies for employers, but with new technology comes new risks and a patchwork of new legal frameworks to be followed, say attorneys with Akerman LLP.

  • Opinion

    BigLaw Is Behind The Automation Curve

    Michael Moradzadeh

    In its new report on the effects of automation in the workplace, McKinsey Global Institute identifies lawyers as less susceptible to the sort of automation that could put one-third of American workers out of a career by 2030. This may seem reassuring, but it doesn't mean automation won't disrupt our bottom line, says Michael Moradzadeh of Rimon PC.

  • How District Courts Split Over 'Infringing Acts'

    Mike Abernathy

    Following the U.S. Supreme Court’s May 2017 TC Heartland decision, an open question was how to interpret the patent venue’s statutory language regarding “has committed acts of infringement” in the Hatch-Waxman Act context. Two courts have thus far addressed this issue, but each has interpreted the statutory language differently, say attorneys with Morgan Lewis & Bockius LLP.

  • A Look Inside Texas' New Home Equity Loan Law

    Jeff Dunn

    New amendments to the Texas constitutional provisions permitting loans secured by homestead equity should help expand loan opportunities, but the transition period requires compliance vigilance by lenders, says Jeff Dunn of Munsch Hardt Kopf & Harr PC.