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Texas

  • May 4, 2018

    Law360 Reveals Titans Of The Plaintiffs Bar

    They’ve gone up against big-name companies while advocating for plaintiffs ranging from grieving family members to shareholders and consumers in some of the biggest and most well-known cases of the past year.

  • May 4, 2018

    5th Circ. Backs Toss Of Rep's Bias Claim Against Fannie Mae

    The Fifth Circuit has affirmed a lower court’s dismissal of a Fannie Mae sales representative’s race discrimination claim, finding no proof she was treated differently than colleagues who were not African-American and no evidence she was not trained any less in company policies than anyone else.

  • May 4, 2018

    Atty Can't Ditch Dallas Diamond 'Shakedown' Claim

    The Fifth Circuit on Thursday rejected a Nashville attorney’s bid to dump a civil conspiracy claim against him in a case brought by a Dallas diamond retailer who alleges the lawyer was part of a sophisticated nationwide “shakedown operation.”

  • May 4, 2018

    Taxation With Representation: Wachtell, MoFo, Sullivan

    In this week’s Taxation With Representation, T-Mobile and Sprint unveiled plans for a $59 billion merger, Hellman & Friedman bought Financial Engines for $3.02 billion and Marathon snapped up Andeavor for $23.3 billion.

  • May 4, 2018

    Shearman & Sterling’s New Houston Office Has Energy Focus

    Shearman & Sterling LLP on Thursday announced it was opening up its second Texas office in Houston with six partners, which will be led by the former chairman of the oil and gas and projects practice at Baker Botts LLP.

  • May 4, 2018

    5th Circ. Affirms Stanford Ponzi Victims' FINRA Loss

    The Fifth Circuit on Friday affirmed a lower court’s ruling confirming a Financial Industry Regulatory Authority arbitral panel’s award that cleared financial services provider Pershing LLC of liability for $80 million in damages sustained by victims of R. Allen Stanford’s Ponzi scheme.

  • May 4, 2018

    'Hidden' Trial Expert Payment Stumble An Ethics Oddity

    Trial luminary Mark Lanier calls himself an “expert storyteller,” but legal ethics specialists say he veered off-script and into a rare kind of conduct trouble zone when he didn’t disclose his financial dealings with experts in a bellwether trial against Johnson & Johnson.

  • May 4, 2018

    5th Circ. Says Kin Can't Prove Plot In Wrongful Death Suit

    The Fifth Circuit has affirmed a lower court’s dismissal of a wrongful death case in which a leukemia patient's relatives said a hospital "maliciously" killed him with a botched intubation procedure and deprived him of his constitutional rights, saying bald allegations of conspiracy without supporting facts aren't enough.

  • May 4, 2018

    Cybersecurity Firm Carbon Black Tops 8 IPOs Totaling $733M

    Shares of venture-backed startup Carbon Black Inc. rallied Friday after the cybersecurity software firm raised $152 million in an initial public offering that priced at the top of its upwardly revised range, capping a week that saw eight IPOs raise a total of $733 million.

  • May 4, 2018

    Schlumberger Can’t Ax Claims Drill Patent Is Unenforceable

    A Texas federal judge on Thursday refused to throw out claims by BICO Drilling Tools Inc. alleging a patent held by Schlumberger Technology Corp. for a part used in oil and gas drilling is invalid, deciding there was still a factual dispute about the patent’s history.

  • May 3, 2018

    Anti-SLAPP Law Partly Protects Alleged Trade Secrets Thief

    A Texas appellate panel on Thursday struck a conspiracy claim but upheld declaratory relief claims brought by an electronic bar game company alleging trade secret theft by a rival, finding that state anti-SLAPP law doesn’t apply to the latter claims because the defendant failed to challenge some of the case’s bigger-picture claims.

  • May 3, 2018

    Court Sticks To Retrial Ordered Over Judge's Use Of Stun Belt

    A Texas appellate court won't reconsider its decision ordering a new trial for a man who was convicted of a sex crime and handed a 60-year sentence, an order it issued on grounds that the trial judge repeatedly and inappropriately used a stun belt on the man.

  • May 3, 2018

    No Racial Motive For Nurse's Demotion, Texas Court Says

    A Texas appeals panel Thursday affirmed the tossing of a discrimination case against the University of Texas Medical Branch at Galveston brought by a nurse who claimed she was demoted for being Hispanic, with the court finding no indication she received less-favorable treatment than her non-Hispanic coworkers.

  • May 3, 2018

    Proposed Texas Disciplinary Rules Trample Rights, Attys Say

    The Texas Supreme Court’s proposed changes to attorney disciplinary rules have earned the ire of dozens of lawyers who say the rules would subject them to overly broad subpoenas, cut them out of investigatory hearings and unjustly penalize them for advocating for their innocence when accused of misconduct.

  • May 3, 2018

    Dallas Litigator Blew Off Shareholder Suit, Investor Says

    A startup investor has accused dissolving boutique firm Gruber Hail Johansen Shank LLP of bungling his suit against the company, whose CEO allegedly engaged in a self-dealing scheme at investors’ expense, saying that the firm overbilled him while failing to properly handle the case and treating him “like a legal-services ATM.”

  • May 3, 2018

    Contractor Dodges $17M Verdict Over Worker's Death

    A Texas appeals court on Thursday struck down a $17 million award in favor of the family of a steel worker who drowned while working on a bridge project associated with Baylor University’s football stadium, saying the project’s contractor is protected from the lawsuit by an insurance program established by the school.

  • May 3, 2018

    DOJ Adds Assistant US Attys, Immigration Judges At Border

    U.S. Attorney General Jeff Sessions said Wednesday that he would send 35 new assistant U.S. attorneys to the U.S.-Mexico border to tackle prosecutions of improper entry, illegal re-entry and human smuggling, as well as deploying 18 current supervisory immigration judges to expedite case processing.

  • May 3, 2018

    IRS Assessed Deficiencies Too Late, Texas Fed. Court Told

    A couple has requested a refund of more than $60,000 plus interest, arguing in a Texas federal court Wednesday that the IRS assessed their tax deficiencies from a partnership interest outside the three-year statute of limitations.

  • May 3, 2018

    EEOC Backs Straight Woman In Orientation Retaliation Appeal

    The U.S. Equal Employment Opportunity Commission in a Wednesday amicus brief urged the Fifth Circuit to revive a suit alleging a boiler repair company fired a straight woman for threatening to complain about being discriminated against over her sexuality.

  • May 3, 2018

    Fed. Circ. Rejects LG Claim Of ‘Sweeping’ Alice Exception

    The full Federal Circuit on Thursday denied LG’s bid for rehearing of a decision that display patents it was found to infringe are not invalid as abstract, declining to consider the company’s claim that the ruling created a “sweeping exception” to the U.S. Supreme Court’s Alice test.

Expert Analysis

  • Protecting Privilege In Litigation Financing Negotiations

    Eric Robinson

    Multiple courts have held that discoverable material from negotiations with a litigation funder, when executed properly, can be attorney work product and immune from disclosure in the later litigation. The recent Acceleration Bay decision is indicative of what happens when difficult facts conflict with best practices, says Eric Robinson of Stevens & Lee PC.

  • Lessons Learned From The Oil Patch Blues

    Tom Howley

    Now that crude oil prices appear to have stabilized, previously restructured oil and gas companies are once again looking to increase production and expand their asset bases. Bankruptcy created a competitive advantage for many reorganized entities, while companies that did not file are still in damage control, say attorneys with Jones Day.

  • Avoid Getting A Plaintiff's Fingerprint Pointed At You

    Stephanie Sheridan

    Over the last year or so, what began as a handful of cases under the little-known lllinois Biometric Information Privacy Act has evolved into a wave of well over 30 cases against some of the world’s largest companies. However, a recent decision from the Illinois Court of Appeals could potentially stifle the growing momentum, say Stephanie Sheridan and Meegan Brooks of Steptoe & Johnson LLP.

  • Post-Octane Fitness Considerations In East Texas

    Kathleen Ryland

    In the wake of the U.S. Supreme Court’s seminal 2014 ruling in Octane Fitness, requests for attorneys’ fees have become increasingly popular. Recent statistics show that prevailing patent litigants in the Eastern District of Texas are requesting fees three times more often than they did pre-Octane Fitness, but the requests are granted at approximately the same rate as before, says ​​​​​​​Kathleen Ryland of Fisch Sigler LLP.

  • Why Machine Learning Should Matter To Lawyers

    Dan Puterbaugh

    Legal leaders who want to meet their clients' expanding expectations should start moving their documents to future-ready document management solutions now if they want to stay competitive in the next few years, says Dan Puterbaugh of Adobe Systems Inc.

  • So Far, So Right — Menchaca Has Not Changed Appraisal Law

    Victoria Vish

    Ten months ago, the Supreme Court of Texas issued an opinion in USAA v. Menchaca, which some claimed would change the course of Texas precedent regarding extracontractual liability. As predicted in a previous Law360 guest article, however, the decision has yet to disturb the finality of an appraisal award, says Victoria Vish of Zelle LLP.

  • Understanding Texas Mechanic's Liens And Bonds: Part 3

    Excerpt from Lexis Practice Advisor
    Tolin_David.jpg

    Texas is home to relatively complex statutory frameworks for liens and bonds used to secure payment for services rendered. Statutory and constitutional liens provide powerful remedies for nonpayment, but only if the proper guidelines are strictly observed, says David Tolin of Cokinos Young in the final part of this article.

  • Understanding Texas Mechanic's Liens And Bonds: Part 2

    Excerpt from Lexis Practice Advisor
    Tolin_David.jpg

    Texas is home to relatively complex statutory frameworks for liens and bonds used to secure payment for services rendered. Statutory and constitutional liens provide powerful remedies for nonpayment, but only if the proper guidelines are strictly observed, says David Tolin of Cokinos Young in the second part of this article.

  • 5th Circ. Adds To Split On Review Of Jury Instruction Errors

    Andrew Goldsmith

    Several circuits have taken different approaches on how to assess the prejudice caused by erroneous jury instructions on a criminal defendant’s principal trial theory when the defendant challenges the instructions for the first time on appeal. The latest decision is from the Fifth Circuit, in U.S. v. Fairley, says Andrew Goldsmith of Kellogg Hansen Todd Figel & Frederick PLLC.

  • Understanding Texas Mechanic's Liens And Bonds: Part 1

    Excerpt from Lexis Practice Advisor
    David Tolin

    Texas is home to relatively complex statutory frameworks for liens and bonds used to secure payment for services rendered. Statutory and constitutional liens provide powerful remedies for nonpayment, but only if the proper guidelines are strictly observed, says David Tolin of Cokinos Young.