Texas

  • August 21, 2017

    Law Firms Head Back To School For Diversity Guidance

    A handful of law firms have agreed to put themselves under the lens of academia in an effort to root out structural inequalities and implicit bias. Here’s a look at what they’re finding.

  • August 21, 2017

    States Ask High Court To Hear Florist's Same-Sex Objections

    Texas and a dozen other states pushed the U.S. Supreme Court on Monday to hear a Washington florist’s appeal over whether she could legally decline to provide services for a same-sex wedding, saying that flower arrangements are forms of artistic expression and that states shouldn’t be able to compel citizens to create artistic works that violate their consciences.

  • August 21, 2017

    Yahoo Gets $4.4M March Madness Ding In 5th Circ. Reversal

    The Fifth Circuit said Monday that Yahoo Inc. must pay $4.4 million after backing out of a deal with prize insurer SCA Promotions Inc. involving a $1 billion NCAA March Madness contest, reversing the technology giant's $550,000 refund on an initial payment to SCA.

  • August 21, 2017

    GCs Find New Urgency In Longtime Push For Diversity

    In-house attorneys are intensifying long-standing efforts to diversify their outside counsel, and they’re looking to create a critical mass of law department leaders that will bring about meaningful change.

  • August 21, 2017

    Nintendo Faces $144M Patent Trial Over Wii Gaming Tech

    Nintendo of America Inc. is facing a $144 million claim its Wii gaming system infringes a patent for motion detection technology invented to detect falls by the elderly in a Texas federal court trial that began Monday.

  • August 21, 2017

    Texas Atty Says Arbitration Settled Girardi & Keese Fee Row

    A Texas attorney and California-based law firm Girardi & Keese, which he was suing over the alleged failure to pay millions in attorneys' fees under a joint representation contract, asked a federal judge on Monday to dismiss the lawsuit, saying arbitration had resolved the dispute.

  • August 21, 2017

    Texas Appeals Court Says Paxton Prosecutors Were Overpaid

    A $300 hourly fee agreement for special prosecutors overseeing the felony securities fraud case against Texas Attorney General Ken Paxton is unlawful, a state appellate court held Monday, in a ruling directing the trial court to vacate an interim order to pay about $200,000 in fees.

  • August 21, 2017

    NFL's Bid For Attys' Fees From Ex-Player's Counsel Nixed

    A federal judge on Monday denied a bid from the NFL Player Disability and Neurocognitive Benefit Plan and its board to assess attorneys' fees against a former player's counsel, holding there's no precedent to support the request.

  • August 21, 2017

    Texas Justices Won't Hear Auto Policy Family Exclusion Row

    The Texas Supreme Court on Friday declined to review two lower courts’ findings that insurer State Farm did not have to cover claims made against a father for injuries sustained by his son as a minor.

  • August 21, 2017

    5th Circ. Nixes $2.5M Asbestos Excess Coverage Ruling

    The Fifth Circuit on Friday vacated an order requiring excess insurer U.S. Fire Insurance Co. to pay $2.5 million to a primary carrier to cover the cost of asbestos claims against a custom fabricator, finding that a pollution exclusion in U.S. Fire's policy applies to the claims, but that a lower court must decide whether an exception to the exclusion is in play.

  • August 21, 2017

    Texas To Appeal Congressional Map Fight To High Court

    The state of Texas is planning to ask the U.S. Supreme Court to overturn a decision invalidating two of its congressional districts for racial motivation, according to legal filings Friday in a case that could affect the 2018 midterm elections.

  • August 21, 2017

    Strippers Tell 5th Circ. Not To Revive Topless Dancing Law

    A group of erotic dancers asked the Fifth Circuit on Friday to uphold a lower court's ruling halting a Louisiana law that bans adult women under 21 from dancing topless in clubs, arguing that the law imposes unconstitutional age- and gender-based restrictions on dancers.

  • August 18, 2017

    How 5 Firms Are Building More Diverse Ranks

    Many are investing in recruitment and retention initiatives aimed at minorities, while at least one is finding that its hiring efforts naturally bring in diverse attorneys. Here’s a look inside a few of the firms that added 20 or more minority attorneys in 2016.

  • August 18, 2017

    The Top Firms For Minority Equity Partners

    The racial makeup of BigLaw’s equity partnership has barely budged in recent years, but some law firms are making notable strides on diversity at the top. Here are the firms with the most racially diverse equity tiers, according to Law360’s Diversity Snapshot.

  • August 18, 2017

    Racial Diversity Stagnating At US Law Firms

    The legal industry has again failed to make substantial progress on hiring and promoting minority attorneys, according to Law360’s annual headcount survey, despite more minorities graduating from law school than ever before.

  • August 18, 2017

    The Best Firms For Minority Attorneys

    After years of diversity initiatives, the legal industry is still coming up short, but some law firms have made notable progress. Here, Law360 ranks the U.S. firms that are leaders in turning diversity goals into workforce realities.

  • August 18, 2017

    Ex-ArthroCare CEO Convicted Again In $750M Fraud Scheme

    A Texas federal jury Friday found the former CEO of ArthroCare Corp. guilty of wire fraud and securities fraud for his role in a scheme to inflate the medical device company’s sales and revenue numbers, which cost investors $750 million, after his first conviction was vacated and gave way to a retrial.

  • August 18, 2017

    Liquor Chain Wants 5th Circ. To Revive Hack Coverage Suit

    A Texas liquor store chain urged the Fifth Circuit on Friday to reverse the lower court ruling that found Hanover Insurance was not obligated to pay the costs of a lawsuit seeking recovery of $4 million charged by the chain’s credit card processor following two data breaches, arguing the policy exclusions were wrongly interpreted. 

  • August 18, 2017

    Dish Wants Claims Tossed In Data Compression Patent Row

    Dish Network Corp. on Thursday argued it’s not subject to Texas jurisdiction in a patent infringement suit related to its data compression technology, and argued there’s no basis for cloud backup company Realtime Data LLC’s assertion of willful infringement.

  • August 18, 2017

    Ex-Statoil Exec Says Injunction Bid Should Be Nixed

    A former Statoil unit chief technology officer urged a Texas federal judge Thursday not to place a preliminary injunction on him in a suit accusing him of masterminding a scheme to steal proprietary technology and to set up a competing business, saying he was never subject to a noncompete agreement.

Expert Analysis

  • Opinion

    It's Time To Improve Voir Dire In Federal Court

    Lisa Blue

    During the jury selection process, many times parties submit proposed voir dire questions, but the court ultimately chooses the questions to be asked and does all of the questioning of the jury panel. While this approach is judicially efficient, rarely do we learn anything meaningful from the panel members, say Lisa Blue of Baron and Blue and Robert Hirschhorn of Cathy E. Bennett & Associates.

  • Series

    Notes From A Law Firm Chief Privacy Officer: Insider Risks

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    As law firms hold sensitive information not only related to the firm but to the firm’s clients, an insider threat — whether it's a "bad actor employee" or inadvertent activity — poses a particular concern. There are steps that privacy officers can initiate to help minimize these threats, says Patricia Wagner, chief privacy officer for Epstein Becker Green.

  • Series

    Notes From A Law Firm Chief Privacy Officer: Balancing Act

    Kristin Jones

    As the role of law firm chief privacy officer becomes more prevalent and expansive, many CPOs are finding themselves in the midst of a delicate balancing act — weighing compliance with government regulations and client requirements on one side with the needs of firm business on the other, says Kristin Jones, chief privacy officer for Stradley Ronon Stevens & Young LLP.

  • Employer Takeaways From EEOC's $10.5M Deal With Bass Pro

    Gerald  Maatman Jr.

    For employers who are constantly at risk of being the subject of the U.S. Equal Employment Opportunity Commission’s next major investigation or systemic pattern or practice of discrimination class action, a closer reading of the terms in its recent settlement with Bass Pro gives valuable insight, say attorneys with Seyfarth Shaw.

  • Series

    Notes From A Law Firm Chief Privacy Officer: CPO Vs. CISO

    Mark McCreary

    To understand the role of the law firm chief privacy officer — and why that person ought to be a lawyer — it’s important to distinguish the role they fill from that of the chief information security officer, says Mark McCreary, chief privacy officer for Fox Rothschild LLP.

  • 5 Questions To Ask Before Entering Joint-Representation AFA

    Natalie Hanlon Leh

    One growing trend is for clients to enter into alternative fee arrangements in which one law firm represents multiple parties who “share” fees and costs in a related matter. This way parties can more efficiently manage a matter and reduce their individual legal fees. But joint representation is not without its own risks and challenges, say attorneys with WilmerHale.

  • Legal Incubators Can Help New Lawyers And Society

    Martin Pritikin

    Legal incubators serve as an important bridge to practice and a crucial step toward aligning the incentives of new lawyers with the needs of their clients. They may even pose a threat to the traditional law school model itself, and that's not necessarily a bad thing, says Martin Pritikin, dean of Concord Law School at Kaplan University.

  • Patent Venue: How We Got To TC Heartland, And What's Next

    Patrick Coyne

    The growth of the Eastern District of Texas as a venue for patent cases, which led to the U.S. Supreme Court's recent decision in TC Heartland, did not occur overnight. It was the result of seven factors that coalesced over decades, says Patrick Coyne of Finnegan Henderson Farabow Garrett & Dunner LLP.

  • Even An Unsigned Email Can Be A Legally Binding Contract

    Jonathan Jaffe

    A Texas appeals court recently held that an email exchange constituted a signed legally enforceable contract. The ruling is a reminder that parties negotiating contracts in email should generally avoid making unconditional statements, and classic contractual terms such as “offer,” “acceptance” and “agreement” should be used with care, say attorneys with Mayer Brown LLP.

  • Mineral Liens Can Be Contractually Waived In Texas

    Brian Mitchell

    The U.S. Bankruptcy Court for the Northern District of Texas recently held that an advance contractual waiver of mineral liens contained in a master service agreement between an oil and gas operator and multiple oilfield service companies was enforceable. The case is likely to influence future drafting and negotiation of master services agreements, say Brian Mitchell and Clark Donat of Bracewell LLP.