• April 21, 2017

    Chrysler Wants Texas MDL For Dodge, Jeep Diesel Suits

    Fiat Chrysler has requested consumer suits alleging certain Jeep and Dodge diesel vehicles were sold with so-called defeat devices that masked their emissions levels be consolidated in multidistrict litigation with suits brought by Texas counties alleging violations of the Texas Clean Air Act.

  • April 21, 2017

    $15.6M In Plastic-Bag False Billing Gets Texan 4 Years

    The former owner of Tinkle Management Inc. was sentenced Thursday in Houston to four years in prison for his role in a $15.6 million false invoicing scheme whereby he billed a client chemical company for plastic shipping bags that were never delivered.

  • April 21, 2017

    GOP AGs Want Exxon Climate Change Probes Blocked

    Eleven Republican state attorneys general have thrown their weight behind Exxon Mobil's bid to quash investigations by Massachusetts and New York authorities into the company's knowledge of climate change, arguing the probes violate Exxon's free speech rights.

  • April 21, 2017

    Winston & Strawn Adds 4 Litigators From Fish In Calif., Dallas

    Winston & Strawn LLP has added four litigators from Fish & Richardson PC who specialize in commercial, business and intellectual property matters as partners in its Silicon Valley and Dallas offices, the firm has announced.

  • April 21, 2017

    Texas Firms Eye Energy Uptick After Weathering Downturn

    Texas law firms felt the sting of the energy downturn along with their clients, but generally weathered the storm without serious harm to their bottom lines because their work is spread across many segments of the industry. Now, there’s an optimism tied to rebounding oil prices, and early 2017 could be one of the busiest terms in recent years, attorneys say.

  • April 20, 2017

    5th Circ. Says Remington Rifle Discharge Suit Too Late

    The Fifth Circuit on Wednesday ruled a lower court had correctly applied Texas law in deciding that a man’s suit against Remington Arms Co. for an allegedly defective Model 700 rifle that he claims suddenly discharged and shot him in the foot was time-barred.

  • April 20, 2017

    PetroChina Agrees To Arbitration In $1B Africa Oil Spat

    PetroChina Co. Ltd. and several related entities on Wednesday formally committed to arbitration in a $1 billion African oil contract dispute between the company it bought into and Carlton Energy Group LLC.

  • April 20, 2017

    5th Circ. Nixes Malicious Prosecution Case Against Ex-Judge

    A process server who was ordered arrested for allegedly disrupting proceedings by the Texas state district court judge he was trying to serve lost a bid to revive his federal malicious prosecution claim when the Fifth Circuit sided with the trial court and dismissed them.

  • April 20, 2017

    $20M Panda Temple DIP Short-Circuited By Court, Creditor

    A bankrupt Texas power plant’s $20 million debtor-in-possession loan plan got short-circuited Thursday, after close questioning by a Delaware bankruptcy judge and an accelerated, $5.7 million revenue hedge payment by an investor wary of DIP lender restrictions.

  • April 20, 2017

    5th Circ. Delays Appeal Of OT Rule Stay For 2 Months

    The Fifth Circuit on Wednesday gave the government a two-month extension in the appeal of an injunction that blocks the Obama administration's overtime rule, after the Department of Labor had asked to delay proceedings in light of Alexander Acosta, the nominee for labor secretary, having yet to be confirmed.

  • April 20, 2017

    ER Operator Adeptus Files Ch. 11, Seeks PE Takeover

    Emergency room company Adeptus Health Inc. and 139 affiliates, mostly individual medical centers, filed for Chapter 11 bankruptcy in Texas on Wednesday with $454 million in debt and a plan to be taken over by private equity firm Deerfield Management Co.

  • April 20, 2017

    Texas Businessman Cuts Deal With SEC Over Oil Well Funds

    A Texas businessman agreed to settle U.S. Securities and Exchange Commission claims he misled investors when raising funds to rework an oil and gas well and misappropriated their cash to gamble, according to documents filed in federal court Wednesday.

  • April 20, 2017

    Baker Donelson Adds Energy Litigator To Houston Office

    Baker Donelson Bearman Caldwell & Berkowitz PC has hired a litigation attorney with extensive experience in the energy sector as a shareholder in its Houston office, where he will be part of the firm’s business litigation group.

  • April 20, 2017

    Apple, Cell Cos. Hit With Patent Suit After $22M Trial Loss

    A subsidiary of major patent licensing firm Acacia Research Corp. that recently won a $22 million patent suit against Apple has filed another suit against the tech giant and others in Texas federal court, alleging that the companies are copying technology related to emergency calling, messaging and carrier aggregation. 

  • April 20, 2017

    Texas Justices OK Med Mal Dismissal Over 'Stale' Expert

    A Texas appellate court Wednesday upheld dismissal of a medical malpractice lawsuit stemming from a breast reduction surgery, agreeing with the trial court that the patient hadn't done enough to refute her ex-doctors' challenges that her expert's knowledge of the issue was “stale.”

  • April 20, 2017

    Don't Delay Effluent Rule Case For EPA Review, Enviros Say

    Environmental groups asked the Fifth Circuit on Wednesday not to grant the U.S. Environmental Protection Agency's request to hold in abeyance a challenge to an Obama-era rule that set limits on how much toxic metal can be discharged in wastewater from power plants.

  • April 20, 2017

    Whitestone REIT Reaches $205M Deal For 2 Texas Properties

    Whitestone REIT has reached a deal to buy a pair of Texas retail properties through separate transactions for a total of $204.6 million, according to an announcement on Wednesday from the Houston-based real estate investment trust.

  • April 20, 2017

    Mark Cuban Looks To Duck UFC Antitrust Suit Subpoena

    Billionaire businessman Mark Cuban has urged a Texas federal judge to block a subpoena request related to a lawsuit by fighters suing the Ultimate Fighting Championship for illegal domination of the mixed martial arts sport, saying even though a television network he owns broadcast or promoted some mixed martial arts events, he has no vested interest in the case.

  • April 20, 2017

    Blackstone Drops $430M On TA Realty Multifamily Portfolio

    Blackstone Real Estate Income Trust has purchased a multifamily portfolio that includes properties in Texas, Illinois and Florida from TA Realty LLC for roughly $430 million, according to an announcement on Wednesday from TA Realty.

  • April 20, 2017

    Lloyd's Underwriters Want Arbitral Coverage Suit Nixed

    Less than a week after a Texas federal judge unblocked arbitration between a group of Lloyd's of London underwriters and a Connecticut insurer fighting over covering an offshore drilling platform injury, the Lloyd's underwriters sought the next logical step with a motion Wednesday seeking to toss the suit outright.

Expert Analysis

  • Series

    Counsel To Counsel: A Law Firm GC's Data Protection Duties

    Thomas W. White

    Increasingly, we see companies in all industries seeking to perform various levels of due diligence on our information security defenses. We received three times as many diligence requests from clients and prospective clients in 2016 as we did in 2015. Some clients even conduct their own penetration tests, says Thomas White, general counsel of WilmerHale.

  • 5th Circ. ESA Decision Highlights Deference Discord

    Shawn Welch

    The Fifth Circuit's recent decision in Markle Interests v. United States Fish and Wildlife Service, and the dissent from denial of en banc review, involve a recurring conflict between the extent of judicial review and the proper deference to be given to agency action, says Shawn Welch of Holland & Hart LLP.

  • Series

    Counsel To Counsel: Evaluating Positional Conflicts

    Nicholas A. Gravante Jr.

    What happens when attorneys come to their general counsel’s office with knowledge of a potential positional conflict? While the inquiry will depend on the rules governing the particular jurisdiction, there are a few general questions to consider from both business and legal ethics perspectives, say general counsel Nicholas A. Gravante Jr. and deputy general counsel Ilana R. Miller of Boies Schiller Flexner LLP.

  • Series

    Counsel To Counsel: 5 Challenges For A Law Firm GC

    John Koski

    Regardless of where we live and practice, regardless of whether trade deals succeed or fail, and regardless of whether the movement of people or capital is easy or difficult, our clients will still have needs or problems far away from home, says John Koski, global chief legal officer at Dentons.

  • The Credit Card Surcharge Fight Isn’t Over Yet

    Andrew C. Glass

    Rather than rule on whether a New York statute restricting credit card surcharges violates the First Amendment, the U.S. Supreme Court in Expressions Hair Design v. Schneiderman remanded the matter to the Second Circuit. Nevertheless, the court’s decision has the potential for broader impact and has already affected cases challenging surcharge laws in other states, say attorneys with K&L Gates LLP.

  • Ruling On CFPB Could Upend Controversial Net Worth Sweep

    Sai Prakash

    The DOJ's recent challenge to the constitutionality of the Consumer Financial Protection Bureau could have significant ramifications for another government agency — the Federal Housing Finance Agency, according to Sai Prakash of the University of Virginia School of Law.

  • Lawyers In Flow: Get Out Of Your Head And Into Your Case

    Jennifer Gibbs

    If Time Magazine is correct in that being a lawyer is one of the five worst high-paying jobs, it may be time for the legal profession to pull one from the playbook of musicians and professional athletes and seek to enter a state of “flow,” says Jennifer Gibbs of Zelle LLP.

  • Satire

    A Law Firm Ranking Model By 'Fake News & Distorted Reports'

    Alan B. Morrison

    Suffering from law firm ranking fatigue? Bewildered by the methodologies? If so, you're in good company. Alan Morrison, associate dean for public interest and public service law at George Washington University Law School, wonders just how far law firm ranking efforts may go.

  • D Magazine Ruling Sheds Light On Texas Anti-SLAPP Statute

    Nicholas A.F. Sarokhanian

    The Supreme Court of Texas recently clarified two areas of defamation law — lawyers and courts should think twice before citing Wikipedia in their analysis of whether a publication is reasonably capable of a defamatory meaning, and parties that even partially win their anti-SLAPP motions to dismiss are entitled to recover expenses, says Nicholas Sarokhanian of Holland & Knight LLP.

  • When Arbitration Clauses Collide With Bankruptcy Laws

    Laura M. Fontaine

    A bankruptcy trustee or a debtor in possession has several specific powers that frequently come into conflict with a nondebtor’s desire to invoke an arbitration clause. The Fifth Circuit’s recent decision in Janvey v. Alguire pushed back on a trend of expanding the nonsignatory related parties that can be swept into arbitration, says Laura Fontaine of Gruber Elrod Johansen Hail Shank LLP.