Texas

  • May 22, 2017

    Patent Venue Ruling Will Force Texas Firms To Branch Out

    The U.S. Supreme Court’s decision Monday placing new restrictions on where patent suits can be filed will force Texas-based intellectual property practices to compete for business beyond the longtime litigation hub of the Eastern District of Texas, but it isn't a death knell for Texas patent cases, lawyers say.

  • May 22, 2017

    Attorneys React To Supreme Court Patent Venue Ruling

    The U.S. Supreme Court on Monday decided in TC Heartland LLC v. Kraft Food Brands Group LLC to put tighter restrictions on where patent owners can file infringement lawsuits. Here, attorneys tell Law360 why the decision is significant.

  • May 22, 2017

    Chevron Says Contractor Stole 8,000 Permian Basin Docs

    Chevron USA Inc. asked a Texas federal judge Monday to prevent an ex-contractor, who it says stole over 8,000 private documents, from further disseminating the confidential and proprietary Permian Basin investment information, but said the rest of the lawsuit will be handled via alternative dispute resolution forums.

  • May 22, 2017

    Texas Woman Seeks Dismissal In Law Firm Ripoff Case

    A Texas woman is seeking dismissal of her conviction for running a multimillion-dollar fraud scheme that involved tricking law firms into paying her and several co-conspirators proceeds of fake settlements, arguing Friday that a Florida federal court failed to comply with the Speedy Trial Act and violated her constitutional rights.

  • May 22, 2017

    SEC Slams Retrial Bid In $22M Oil Investment Fraud Case

    The U.S. Securities and Exchange Commission scoffed Monday at a retrial request from a broker found to have sold $22 million in unregistered investment vehicles disguised as partnerships in oil and gas drilling, telling a Texas federal court he is merely repackaging an already-rejected reconsideration bid.

  • May 22, 2017

    Texas Appeals Court Revives New Braunfels River Can Ban

    A Texas appeals court has revived a New Braunfels law that bars those who go tubing along the popular Comal and Guadalupe rivers from using cans and other disposable food and beverage containers, saying a district court doesn’t have jurisdiction to force the city to stop enforcing its ban.

  • May 22, 2017

    The EDTX Exodus: How TC Heartland Narrowed IP Venues

    In a decision predicted to have wide reverberations in the world of patent litigation, the U.S. Supreme Court voted unanimously on Monday to return to a stricter standard for patent venue selection, effectively blocking most future patent cases from the ever-popular Eastern District of Texas. Here’s a look at the history of the TC Heartland case.

  • May 22, 2017

    Justices Won't Hear $3M Jenner & Block Fee Appeal

    Following a similar move by the Texas Supreme Court, the U.S. Supreme Court on Monday declined to hear a dispute between Jenner & Block LLP and Parallel Networks, which alleged the law firm had wrongly been allowed to drop its representation of the patent holding company and still receive $3 million in fees, in violation of public policy.

  • May 22, 2017

    Shop Owners Move To Keep $1.8M Dress Seizure Suit Intact

    The owners of a defunct Texas bridal shop have hit back against the U.S. government’s efforts to trim their $1.8 million lawsuit alleging that the IRS hastily auctioned their business’ wedding dress inventory, which amounted to their life savings, saying their claims have enough detail to survive dismissal.

  • May 22, 2017

    PE-Backed Oil Field Services Provider Joins IPO Pipeline

    Ranger Energy Services Inc., a private-equity backed provider of well services to energy companies exploring the Permian Basin, filed a preliminary $100 million initial public offering Monday, advised by Vinson & Elkins LLP, one of two new energy issuers seeking public offerings.

  • May 22, 2017

    Morgan Lewis Adds Corporate, Transactional Attys In Houston

    Morgan Lewis & Bockius LLP announced Monday it has hired away two King & Spalding LLP attorneys who have joined its Houston office's transactional team as partners.

  • May 22, 2017

    5th Circ. Lets Nevada Join Texas Suit Over Yucca Mountain

    The Fifth Circuit on Friday said the state of Nevada could intervene in Texas' suit over the federal government's failure to complete the licensing process for a nuclear waste storage repository at Nevada's Yucca Mountain, which Nevada vehemently opposes.

  • May 22, 2017

    High Court Won't Review La. Nursing Board Antitrust Suit

    The U.S. Supreme Court declined Monday to review a Fifth Circuit decision finding the Louisiana State Board of Nursing was immune from an antitrust suit by a former Grambling State University nursing student whose program was shut down.

  • May 22, 2017

    Texas Driller ‘Death Spiral’ Suit Against Investor Dismissed

    A Texas federal judge on Monday dismissed oil and gas company Camber Energy Inc.'s suit against a key investor for allegedly forcing it to issue shares that drove down its stock value into a “death spiral” based on a strained interpretation of an “unconscionable” contract.

  • May 22, 2017

    Plaintiffs Bar Perspective: McKool Smith's Ashley Moore

    I’ve seen seasoned lawyers in the courtroom who failed to listen effectively, which alienates the jury, destroys what could have been a devastating cross-examination, and sometimes frustrates judges who simply want their question answered, says Ashley Moore, principal at McKool Smith PC.

  • May 22, 2017

    High Court Limits Where Patent Suits Can Be Filed

    The U.S. Supreme Court on Monday put tighter restrictions on where patent owners can file infringement lawsuits, a decision that upends nearly 30 years of established practice and will likely force many lawsuits out of the patent litigation hotbed of the Eastern District of Texas.

  • May 22, 2017

    Hague Convention Allows For Service By Mail, Justices Say

    Lawsuit process service abroad can properly go through a mailbox, under the Hague Service Convention, provided the jurisdiction hearing the suit recognizes mail service and the foreign jurisdiction doesn't object, the U.S. Supreme Court said on Monday in a unanimous decision reviving a splash pad company's dormant Texas trade secrets suit.

  • May 22, 2017

    Clariant, Huntsman Ink Deal To Form $20B Chemicals Co.

    Switzerland-based Clariant and Texas-based Huntsman unveiled a merger of equals on Monday poised to create a global specialty chemical company worth $20 billion, paving the way for a tie-up after years of rumors the two were exploring a deal.

  • May 19, 2017

    SAP Gets Judge To Ax Financial Data Patent Under Alice

    A Texas federal judge ruled Thursday that a patent on a method of analyzing financial data asserted against SAP America Inc. is invalid for claiming only abstract ideas, a year after the Federal Circuit overturned a decision invalidating the patent on different grounds.

  • May 19, 2017

    Texas Justices Say Setting Pay Ranges Is Counties' Purview

    The Supreme Court of Texas on Friday reversed an appeals court ruling allowing a trial court to set the salary for a reinstated court administrator, finding that separation of powers left the salary range within the purview of the local county’s governing body.

Expert Analysis

  • What We Know So Far About Direct Infringement Post-Form 18

    Eric Kaviar

    Following the abrogation of Form 18 in December 2015, what does it mean to state a claim of direct patent infringement? Eric Kaviar of Burns & Levinson LLP recently reviewed all of the substantive district court opinions grappling with this question. Here's what he found.

  • Insurance Takeaways From Texas' New Hailstorm Bill

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    On Wednesday, the Texas Legislature passed its new "Hailstorm Bill," intended to address several abuses that have become commonplace in the claims and litigation process. Proponents of the bill believe it will have a direct positive impact on minimizing abuses in all weather-related litigation matters, while still protecting insureds from improper claim denials, says Jennifer Gibbs of Zelle LLP.

  • Series

    Revisiting Affiliated Ute: High Court Needs A Reboot

    Gary Aguirre

    The U.S. Supreme Court has reduced the giant oak that is Rule 10b-5 to a stump with one withered branch — the narrow scope of liability under Rule 10b-5(b). The court must retrace its steps back to Affiliated Ute, which recently turned 45 and was the court's last decision before it adopted the false star Blue Chip Stamps, says Gary Aguirre, a former staff attorney at the U.S. Securities and Exchange Commission.

  • Solving The Legal Industry's Data Protection Breakdown

    Jeff Ton

    Most law firms today aren't using common security and data protection measures that other industries employ to protect sensitive data. Options like continuous data replication and backups have various pros and cons, but most importantly, law practices must understand the need for a two-tiered approach to data protection, says Jeff Ton of Bluelock LLC.

  • 5 Things To Know About Justice Gorsuch’s First 30 Days

    Charles Webber

    Justice Neil Gorsuch joined the U.S. Supreme Court a little more than 30 days ago, on April 7, 2017. And while it is too early for him to have written any opinions, Gorsuch participated in the final 13 oral arguments of the 2016 term. Charles Webber of Faegre Baker Daniels LLP offers five takeaways from his first month on the job.

  • 5 Mistakes That End Law Firms

    Randy Evans

    Although the end often comes quickly, law firms do not fail overnight. Randy Evans of Dentons and Elizabeth Whitney of Swiss Re Corporate Solutions review five mistakes that expedite law firm failures.

  • 'From Heaven To Hell' — Mineral Rights And Ancient Deeds

    Marcy Rothman

    Development of mineral rights can lead to title disputes, especially where conveyances to railroads are memorialized in ancient documents, with archaic expressions that do not correspond to modern usage. Ownership interests in any parcel crossed by railroad tracks could be affected, says Marcy Rothman of Kane Russell Coleman Logan PC.

  • Cybersecurity Is The Next Frontier Of State Regulation

    David Forscey

    States considering whether to enforce existing cybersecurity rules more aggressively, or else pass standards of their own, should carefully consider the policy rationale and potential pitfalls of existing frameworks and collaborate with private experts to determine what works and what does not, say David Forscey of the National Governors Association, and Steven Cash and Benjamin Nissim of Day Pitney LLP.

  • The Whys And Hows Of Forced Pooling

    Jack Luellen

    Forced pooling in oil and gas development allows small or irregularly sized tracts to be joined without the consent of the mineral interest owners. But stakeholders must be aware that rules vary from state to state, and current legislation pending in Colorado and elsewhere may alter the terms applied in forced pooling scenarios, says Jack Luellen of Husch Blackwell LLP.

  • Defining The Scope Of Property Improvements In Texas

    Pierre Grosdidier

    In the wake of Ineos v. Elmgren last year, Texas appellate courts have split over the exact meaning of a Chapter 95 improvement when determining whether premise owners are liable for employees' work-related injuries, says Pierre Grosdidier of Haynes and Boone LLP.