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Texas

  • May 9, 2018

    Houston Firm Adds Ex-Bechtel Corp. Counsel As Partner

    West & Associates LLP has added a public finance, business and corporate attorney with experience as senior counsel for global engineering and construction company Bechtel Corp. as a partner in its Houston office.

  • May 8, 2018

    Construction Firm Sued Over Unpaid Texas Apartment Bonds

    Surety and insurance provider The Guarantee Co. of North America USA slapped a Houston-area construction firm with a lawsuit in Texas federal court Tuesday, claiming it owes millions of dollars after failing to meet certain obligations under bonds associated with a residential building project.

  • May 8, 2018

    Miner Wants Oil Cos. Tied To $1.37B Venezuela Award

    A Canadian mining company seeking to collect on a recently confirmed $1.37 billion arbitration award against Venezuela asked a Texas federal judge on Monday to hold oil companies that allegedly helped the county relocate its assets when creditors came knocking responsible for fraud.

  • May 8, 2018

    Broadcom Sues Toyota, Others In Texas And ITC Over GPS IP

    Toyota, Panasonic and others are infringing the asserted claims of six Broadcom Corp. patents covering navigation systems and other technologies used in automobiles, the California-based company said Monday at the U.S. International Trade Commission and in Texas federal court.

  • May 8, 2018

    Teacher Says Sexual Orientation Talk Got Her Suspended

    An elementary school teacher in the Dallas area filed a federal lawsuit on Tuesday alleging that after a parent's complaint she was suspended in retaliation for discussing her sexual orientation with her students, in violation of the Constitution.

  • May 8, 2018

    Kids' Soccer Club Wants Liverpool TM Row Tried In Utah

    A Utah youth soccer league moved Monday to shut down a trademark infringement suit by Britain’s Liverpool Football Club in Texas federal court, accusing the world-renowned team of “frantic forum shopping” in a shameless effort to run up the youth league’s legal bills.

  • May 8, 2018

    Texas Securities Board Goes After 2 More Crypto Offerings

    The Texas State Securities Board announced Tuesday it has taken action against two allegedly fraudulent cryptocurrency investment schemes, entering emergency cease-and-desist orders against unregistered promoters it said were offering phony high-return investments.

  • May 8, 2018

    Landlord Says Insurer Must Cover Suits Over Stabbings

    An insurer’s claim that its policy with a Houston apartment building owner doesn’t cover damages resulting from litigation filed by the families of two men a building security guard stabbed to death is based on extrinsic evidence and only partial facts, the building’s owners are arguing in Texas federal court. 

  • May 8, 2018

    Houston E&P Co. Owes $19M For Contract Breach, Suit Says

    Cross Logistics Inc., a Louisiana company that completes undersea well drilling projects with specialized tools, filed a $19 million lawsuit against Houston exploration and production company Atlantia Operating Co. LLC on Monday in Texas state court, alleging Atlantia breached a purchase agreement by backing out of a deal to buy its tools.

  • May 8, 2018

    Perkins Coie Adds Veteran Litigator To Dallas Office

    A name partner from the former Gruber Hail Johansen Shank LLP has joined Perkins Coie LLP’s Dallas office in the firm’s commercial litigation practice, where he’ll continue to represent financial services, health care, energy and real estate clients.

  • May 7, 2018

    Securities Suit Against Insurer Should Be Axed, Judge Says

    A Texas magistrate judge recommended Monday that a class action alleging that whole-life insurance seller Citizens Inc. artificially propped up its stock price through fraudulent sales practices be dismissed with prejudice, saying the plaintiffs cannot meet the high bar for pleading scienter.

  • May 7, 2018

    Senate Advances Trump's 5th Circ. Nominee

    The Senate took a step toward confirming President Donald Trump's fourth judge on the Fifth Circuit on Monday, sending U.S. District Judge Kurt D. Engelhardt through a procedural vote as part of a raft of judicial nominees this week.

  • May 7, 2018

    Client Who Recorded Texas Attys Can't Revive $1M Fee Fight

    A Texas state appellate court on Friday upheld a win for West Texas law firm Lynch Chappell & Alsup in a $1 million fee dispute with a client who allegedly recorded all her conversations with the firm while it represented her in a battle over her husband's estate, but later refused to hand over any of the recordings and claimed they did not exist.

  • May 7, 2018

    NLRB Chair's 1st Ruling Sides With Wrongly Fired Worker

    The National Labor Relations Board ruled Friday that a defunct janitorial services company illegally fired an employee who pursued wage theft claims and spoke to Houston city lawmakers about poor working conditions at the company — the first decision involving newly installed NLRB Chairman John Ring.

  • May 7, 2018

    5th Circ. Hits Austin Atty With $60K Bill For Sanction Appeal

    A Texas attorney fighting a sanction and suspension for making false accusations against opposing counsel and frivolous filings in Americans With Disabilities Act suits was hit Friday in the Fifth Circuit with a sanction bill of $60,500 for a faulty appeal.

  • May 7, 2018

    Fed. Circ. Nixes $133M Award For Razed Dallas Terminal

    The Federal Circuit on Monday reversed a Court of Federal Claims decision ordering the government to pay the leaseholders of a demolished Dallas airport terminal $133.5 million plus interest, saying the property’s destruction did not amount to a regulatory taking that would’ve warranted just compensation.

  • May 7, 2018

    Liberty Unit Won't Cover Contractor In Library Build Dispute

    A Liberty Mutual insurance unit on Monday launched a lawsuit in Texas federal court against a contractor for a municipal library construction project, saying it should not be required to pay up after the construction firm lost an arbitration proceeding over allegedly subpar work.

  • May 7, 2018

    Texas Court Axes Online Harassment Case $300K Fee Award

    A Texas appellate court has reversed a $300,000 attorneys' fees award in an online harassment case and blocked an order requiring online apologies be posted, finding that a man who won dismissal of defamation claims didn't adequately prove the fees had been reasonably incurred.

  • May 7, 2018

    5th Circ. Says Ex-Tenured Professor Not Illegally Fired

    The Fifth Circuit on Monday upheld the dismissal of a lawsuit from a tenured professor at the shuttered University of Texas-Pan-American who claimed she was illegally fired, finding she wasn’t unconstitutionally denied due process as she had claimed.

  • May 7, 2018

    15 Minutes With Mattress Firm’s General Counsel

    Kindel Elam is living her dream, both physically and metaphorically, as executive vice president and general counsel of Mattress Firm. After eight years at Fulbright & Jaworski LLP, Elam decided she wanted to go in-house at the retail company. Mattress Firm, which had been her client since 2007, went public in 2011 and was looking to hire a general counsel. Here, she shared what keeps her up at night — besides her dog — and her advice to lawyers hoping to make a similar in-house transition.

Expert Analysis

  • Changes To Rule 23 Are Coming, Are You Prepared?

    Niki Mendoza

    Proposed amendments to the Federal Rules of Civil Procedure Rule 23, which governs class actions, are set to take effect on Dec. 1, 2018, pending approval. The amendments would significantly alter class action litigation procedure from notice to settlement, says Niki Mendoza of Garden City Group LLC.

  • Lawyering A La Carte: Unbundled Dispute Resolution Services

    David Wallace

    There's no reason for limiting unbundled legal services to family law or even pro se litigants. Wider adoption, especially by litigators, presents an opportunity to correct law's distribution and pricing problem, to make justice practically available to all, and to dethrone litigation as the "sport of kings," says New York-based trial lawyer David Wallace.

  • Insurtech Is The Next Frontier For Texas Insurance

    Jennifer Gibbs

    Texas has shown strong interest in investing in insurtech startup companies, and insurers would be wise to implement insurtech innovations before being left in the dust. Though some view insurtech as a threat, it appears to be here to stay and will supply insurers with a wealth of information, say Jennifer Gibbs and Bennett Moss of Zelle LLP.

  • You’re Perfect, Now Change: Perfectionism Hurts Lawyers

    Peter Norman

    Like medical professionals, lawyers often resist policies to reduce errors due to the culture of perfectionism that permeates the industry. Autonomy is key to the legal professional's prestige and the outward demonstration of competence is key to maintaining autonomy, says Peter Norman of Winnieware LLC.

  • Harassment Claims Highlight Risk For Individual Liability

    Lariza Hebert

    With the recent rise of sexual harassment allegations, it is vital for both employers and managers to know that extraneous common law claims can — and most likely will — be brought with claims of harassment, says Lariza Hebert of Fisher Phillips.

  • Opinion

    Grassley, Feinstein Debate Judicial Vetting, Obstruction

    Sen. Chuck Grassley

    It is undisputed that in his first year in office President Trump was able to confirm a significant number of judges to the federal bench. How it happened — and whether it's a good thing — are debated here by Sen. Chuck Grassley, R-Iowa, and Sen. Dianne Feinstein, D-Calif.

  • Searching For 'Act Of Infringement' Under Hatch-Waxman

    Ron Vogel

    Federal courts in Delaware and Texas have reached different conclusions on the location of an “act of infringement” under the Hatch-Waxman Act. The Bristol-Myers decision's nationwide act of infringement offers a reasonable approach, while the Galderma ruling’s reliance on the abbreviated new drug application preparation seems questionable, say Ron Vogel and Brian Coggio of Fish & Richardson PC.

  • Hercules Ascendant? A Gasp Of Breath From A 'Dead Letter'

    Christopher Hannan

    The Fifth Circuit continued the jurisprudential renaissance of personal jurisdiction decisions with Sangha v. Navig8 Shipmanagement Private Limited, a recent maritime ruling that has implications for jurisdictional disputes in all substantive areas. The Sangha dicta may result in a second wave of removals under Hercules, says Christopher Hannan of Baker Donelson Bearman Caldwell & Berkowitz PC.

  • Impermissibly Redefining 'Long-Felt Need' Using Hindsight

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    Recent decisions from a Texas federal court and the Patent Trial and Appeal Board narrowly defined the relevant problem-to-be-solved in analyzing long-felt need to that claimed by the patent-in-suit. By allowing hindsight to seep into this analysis, objective evidence is unfairly undervalued or dismissed entirely, say Danielle Duszczyszyn and Sanya Sukduang of Finnegan Henderson Farabow Garrett & Dunner LLP.

  • Make An Informed Choice About Arbitration

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    In an age of data-driven decision-making, too many companies are making important choices about dispute resolution based on anecdotes and isolated experiences. I’d like to explain why a number of objections to arbitration are ill-founded, says Foley Hoag LLP partner John Shope.