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Texas

  • July 26, 2018

    Daewoo Urges 5th Circ. To Rehear Iron Shipment Seizure Row

    POSCO Daewoo Corp. urged the entire Fifth Circuit on Wednesday to reconsider whether it can seize an iron shipment as security before arbitrating a contract dispute with an English shipper, saying an earlier panel ruling answering that question in the negative “undermines arbitration throughout the U.S.”

  • July 26, 2018

    Factory Dust System Makers Can't Ditch $33M Injury Verdict

    A Texas state court judge has rejected a bid to upset a $33 million jury verdict against two companies that made components of a Georgia Pacific wood processing facility’s dust collection system, entering judgment for a worker who was burned in a fire at the plant.

  • July 26, 2018

    Court Reverses Doctor's Loss Over Employment Contract

    A Texas appeals court on Thursday reversed Texas Inpatient Consultants LLP's win in an employment contract dispute with a prospective physician, holding that it failed to establish that the doctor — who terminated the contract before the partnership obtained his necessary credentials — had liability under their agreement.

  • July 26, 2018

    Feds Knock Texas Doc’s Bid To Torpedo $240M Fraud Case

    The federal government has urged a Texas federal court to reject a series of pretrial motions made by a doctor accused of running a $240 million health care fraud scheme, saying the doctor has no basis to argue the government’s indictment wasn’t specific enough or was time-barred.

  • July 25, 2018

    Bracewell Partner Named GC For Texas Gov.

    A partner at Bracewell LLP in Houston has been named general counsel to Texas Gov. Greg Abbott, the governor's office announced Wednesday.

  • July 25, 2018

    Toyota Can’t Protect Documents From Seat-Design Trial

    A Texas appeals court on Tuesday rejected Toyota’s bid to undo a trial court’s decision to admit allegedly privileged documents into a suit accusing the automaker of designing defective front seats that collapsed during a crash, severely injuring children in the backseat.

  • July 25, 2018

    Deported Seismic Consultant Settles With Immigration Firm

    A South African seismic consultant in the energy industry came to a settlement with Houston-based immigration law firm Foster LLP over a suit alleging the law firm had cost the consultant permanent resident status in the United States.

  • July 25, 2018

    Chevron Raises Bribe Claims Before Ex-Worker's Sentencing

    Chevron Corp. urged a Houston federal judge on Tuesday to consider kickback allegations that prosecutors have agreed to drop against a former Chevron employee when sentencing him on a related tax charge to which he has agreed to plead guilty.

  • July 25, 2018

    From Billable Hours To Bedtime Stories: Lawyering With Children

    Attorneys are clocking more billable hours than ever before, and when children enter the picture, the demands on their time and finances can drive stress levels to new heights.

  • July 25, 2018

    Texas Judge Won't Toss Indian Child Welfare Act Challenge

    A Texas federal judge on Tuesday denied bids to toss a suit from various states and some foster families challenging the Indian Child Welfare Act, finding that, among other things, the individual people who brought the suit "met the constitutional and prudential standing requirements to bring their claims."

  • July 25, 2018

    Sanction Eased For Texas Judge Who Hawked Divorce Book

    A Collin County District Court judge who was found to have violated the judicial code of conduct through his activities writing and promoting a book about divorce he co-authored with his attorney wife had his punishment softened recently when the Texas Special Court of Review issued a public admonishment for his actions.

  • July 25, 2018

    Thompson & Knight Steers Closing Of Tailwater's $1B Fund

    Dallas-based, energy-focused private equity firm Tailwater Capital LLC on Wednesday said it has closed its latest fund with total commitments of $1 billion, which was guided by Thompson & Knight LLP.

  • July 25, 2018

    Ex-Servergy CEO Dodges Injunction, Disgorgement From SEC

    A Texas federal judge on Wednesday rejected the Securities and Exchange Commission’s bid for an injunction against the former CEO of Servergy Inc. after he’d been found guilty of negligence in marketing a new server produced by the company, saying he is not likely to repeat the same offense.

  • July 25, 2018

    Halliburton Litigation Alum Joins BoyarMiller In Houston

    BoyarMiller has brought into the fold in Houston a litigator with more than 20 years of experience who most recently worked as managing counsel at oil and gas giant Halliburton.

  • July 24, 2018

    Patent Owners Win Only Half Of EDTX Trials, Study Finds

    A recent study of jury verdicts rendered in patent cases since 2013 found that patent owners win only 50 percent of the time in the Eastern District of Texas, which has a reputation for juries that find in favor of patent owners more often than in other popular patent litigation districts.

  • July 24, 2018

    Energy Tech Co. Says Rival Can't Prove Damages In IP Row

    In a bench trial in Houston federal court Tuesday, Petroleum Analyzer Co. LP argued its competitor ATOM Instrument Corp. had not presented evidence to back up its contention that PAC had wrongly used its proprietary technology and should be disgorged of $6.67 million in profits from selling equipment that incorporated the technology.

  • July 24, 2018

    Boundary Row Led To Double Taxation, Texas Justices Hear

    A chemical company has asked the Texas Supreme Court to settle a 50-year boundary dispute between two counties that it says has resulted in double taxation on two of its commercial piers and docks, saying it overpaid $3 million in ad valorem taxes.

  • July 24, 2018

    Toyota Owners Defend Cert. Bid In Defective Windshield Suit

    Toyota Prius owners with allegedly defective windshields told a Texas federal court Monday they should be allowed to present evidence establishing they are a valid class, contending the automaker's bid to deny certification is premature.

  • July 24, 2018

    Texas Appeals Court Revives Plumber’s Defective Parts Suit

    A Texas appeals court gave a Texas plumber another shot Tuesday at suing foreign manufacturers over defective parts, ruling that the county court had abused its discretion by denying the plumber’s attempt to reinstate the case.

  • July 24, 2018

    How Mammoth Student Loans Are Dogging Today's Lawyers

    Six-figure student debt is fast becoming the norm for newly minted attorneys, a reality that's taking a toll on everything from job hunting to psychological well-being.

Expert Analysis

  • A Farxiga Opinion That's All Hat, No Cattle

    Lora Spencer

    Is everything really bigger in Texas? A New York federal court's ruling in Aron v. Bristol-Myers Squibb — apparently the first reported opinion from the Farxiga multidistrict litigation — would have us believe that pharmaceutical manufacturers have bigger tort liability under Texas law. But the court let the plaintiffs slide on a number of key points, says Lora Spencer of Reed Smith LLP.

  • Why Lawyers Shouldn't Accept Fees In Cryptocurrency: Part 2

    John Reed Stark

    The legal industry has already begun to feel the impact of anti-bribery and anti-money laundering requirements. When involved with cryptocurrency trading and remittance, law firms face more than the risk of being perceived as organizations that support money laundering practices, says John Reed Stark of John Reed Stark Consulting LLC.

  • Curious Case Of The Class Cert. Evidentiary Standard: Part 2

    Robert Sparkes

    The majority of circuit courts that have addressed the issue have made clear that district courts should not consider inadmissible evidence when evaluating motions for class certification. In the final part of this series, Robert Sparkes of K&L Gates LLP​​​​​​​ presents a critique of the minority viewpoint as recently adopted by the Ninth Circuit in Sali v. Corona Regional Medical Center.

  • Curious Case Of The Class Cert. Evidentiary Standard: Part 1

    Robert Sparkes

    Can courts consider only admissible evidence at the class certification stage, or are motions for class certification governed by looser evidentiary standards? Robert Sparkes of K&L Gates LLP​​​​​​​ discusses the divergent decisions from the U.S. circuit courts of appeals addressing this issue, both in the context of expert and nonexpert evidence.

  • Patent Venue Trends And Considerations Post-Cray

    Andrew Holmes

    For patent venue disputes, the Federal Circuit's 2017 Cray opinion marks a return to fact-intensive inquiries over whether a “regular and established place of business” exists in a district. Over the last six months, courts have been placing greater weight on certain facts over others, say Andrew Holmes and Zachary Flood of Quinn Emanuel Urquhart & Sullivan LLP.

  • Why Lawyers Shouldn't Accept Fees In Cryptocurrency: Part 1

    John Reed Stark

    Law firms are increasingly accepting cryptocurrency as payment for services. While this might seem innovative and forward-thinking, ironically it is much more of a throwback, says John Reed Stark of John Reed Stark Consulting LLC.

  • Clearer Rule On Witness Compensation Disclosure Is Needed

    Ekaterina Long

    In April, the Fifth Circuit vacated a jury verdict in the Pinnacle hip implant product liability litigation due to undisclosed payments made to plaintiffs' experts. This issue would not have arisen if Federal Rule of Civil Procedure 26(a)(2)(C) imposed an affirmative duty to make a complete disclosure regarding compensation of nonretained expert witnesses, says Ekaterina Long of Godwin Bowman & Martinez PC.

  • Highway Trust Fund Is Out Of Gas — Time For Mileage Fees

    Joshua Andrews

    Revenue from the federal gas tax — last increased in 1993 — continues to decline, leaving infrastructure critically underfunded. But pilot programs in multiple states have now proven that mileage-based road user fees can replenish the Highway Trust Fund and be implemented practically and fairly, say Joshua Andrews, Charles Stitt and Theodore Bristol of Faegre Baker Daniels Consulting.

  • Opinion

    The Fight Against NPEs, 1 Year After TC Heartland

    Rachel Wolbers

    As the data shows, the U.S. Supreme Court's TC Heartland decision last year marked a major milestone in addressing extreme forum selection in patent law, and to some extent the threat of nonpracticing entity litigation abuse faced by startups. But other NPE problems need fixing, say Rachel Wolbers of Engine and Jonathan Stroud of Unified Patents Inc.

  • Impediments To Legal Industry's 'Inevitable' Future: Part 2

    Craig Levinson

    I agree with the legal pundits speculating that NewLaw’s present and future disruptors will radically change the legal services industry, but that change may not come quite as rapidly as predicted. Regardless, now is the time for both the incumbents and the challengers to best position themselves for the eventual shakeup, says Craig Levinson, founder of Levity Partners.