Texas

  • March 21, 2017

    Offsite Drilling Trespass Claim Gets Texas Justices' Scrutiny

    In a case that could impact offsite drilling throughout the state, Texas Supreme Court justices on Tuesday wrestled with whether Lighting Oil Co. could prove an Anadarko Petroleum Corp. unit trespassed on its property by drilling through its mineral estate to reach an adjacent lease.

  • March 21, 2017

    Judge Nixes New Trial Bid In Tiger Welfare Defamation Row

    A state district judge in Houston recently declined to reconsider his earlier ruling or grant a new trial to Landry's Inc. and its Houston Aquarium restaurant in a defamation suit it brought against the Animal Legal Defense Fund, which has raised concerns about the treatment of white tigers at the restaurant.

  • March 21, 2017

    5th Circ. Sides With Air Ambulance In Price Regulation Row

    Air Evac EMS Inc. can bring its suit alleging Texas is violating the federal Airline Deregulation Act by capping how much it can be paid for transporting people who get hurt at work, the Fifth Circuit held Monday, reversing a lower court's dismissal of the claims.

  • March 21, 2017

    Texas Justices Weigh Expert Report In Ambulance Death Suit

    Hearing a hospital’s argument it shouldn’t have to face a suit alleging it caused the death of a pregnant patient when one of its doctors ordered her moved to a different facility, Texas Supreme Court Justices on Tuesday probed the adequacy of expert reports in the case.

  • March 21, 2017

    Texas Moves To Join Suit Challenging BLM Flaring Rule

    The state of Texas asked for permission Tuesday to join a Wyoming federal court case in which three western states and two industry groups are challenging a new Bureau of Land Management rule aimed at limiting the release of methane from drilling operations on federal and Native American lands.

  • March 21, 2017

    African Oil Field Suit May Finally Head To Arbitration

    PetroChina Co. Ltd. and several related entities told a Texas federal court Monday that they’ve agreed to arbitrate claims that a unit of the Chinese state-owned oil company reneged on a potentially $1 billion profit-sharing deal with Carlton Energy Group LLC over interests in vast African oil and gas fields.

  • March 21, 2017

    Bombardier Gets 'Ticket Tax' Petition Backing At High Court

    A pair of aviation trade groups threw their weight behind airplane service company Bombardier's U.S. Supreme Court petition challenging an IRS designation of management fees for privately held airplanes as subject to federal commercial ticket taxes.

  • March 21, 2017

    Dental Supply Cos. Say Antitrust Suit Belongs In Arbitration

    A Texas federal judge was wrong to override an arbitration agreement in an antitrust suit in which a dental supply manufacturer accused six others of pushing it out of the market, the accused suppliers have told the Fifth Circuit.

  • March 21, 2017

    Texas Justices Let 'Welfare Queen' Defamation Suit Proceed

    The Texas Supreme Court has decided that a Dallas resident's defamation claim against D Magazine of Dallas, stemming from an article that referred to her as a “welfare queen,” may proceed to trial because the woman has shown evidence that the gist of the article falsely accused her of welfare fraud.

  • March 21, 2017

    Ace American Slams Objection In Terror Attack Insurance Suit

    Ace Insurance Co. hit back Monday against arguments that it owes Orion Project Services LLC coverage for the death of a worker in a 2013 terror attack, saying the evidence is clear that he was not working for Orion when he died.

  • March 21, 2017

    MoneyGram To Discuss Euronet’s $1B Competing Offer

    MoneyGram said Monday that the $1 billion takeover offer lodged by Euronet last week triggers terms in its acquisition agreement with former Alibaba unit Ant Financial that will allow it to engage in discussions with Euronet and share information that could potentially lead to a superior deal.

  • March 20, 2017

    Texas Ruling Boosts Uber Arbitration Bid, 2nd Circ. Told

    A Texas federal court's recent finding that Uber reasonably notified users of its terms and conditions solidifies the ride-hailing giant's stance that a putative antitrust class action claiming Uber's CEO colluded with drivers to fix prices belongs in arbitration, the company told the Second Circuit Friday.

  • March 20, 2017

    Houston Nightclub Must Face Feds' Racial Bias Suit

    A Texas federal judge on Monday refused to dismiss a racial discrimination suit brought by the U.S. Department of Justice, which claims the owners of a popular Houston nightclub discouraged non-white patrons from entering the club and charged them higher entry fees.

  • March 20, 2017

    Immigration Judges Sent To Deportation Centers, Big Cities

    The U.S. Department of Justice has sent immigration judges to six detention centers not too far from the Mexican border and to major cities across the U.S. in the wake of President Donald Trump’s executive order calling for the construction of a border wall and an increase in immigration enforcement, according to a notice on Friday.

  • March 20, 2017

    Citgo Tells 5th Circ. $81M Spill Fine Is Too Flawed To Stand

    Citgo continued Friday to urge the Fifth Circuit to undo an $81 million fine stemming from a 2006 oil spill, saying that the federal government cannot explain away a lower court's flaws in determining how much economic benefit the company received from its violation that led to the spill.

  • March 20, 2017

    Munsch Hardt Adds Corporate Finance Partner In Dallas

    Munsch Hardt Kopf & Harr PC on Monday added a corporate finance partner from Norton Rose Fulbright to its Dallas office who largely represents lenders in a variety of transactions and in workouts and restructurings.

  • March 20, 2017

    Cadence Files $100M IPO In Potential First Bank IPO Of 2017

    Cadence Bancorporation, a middle-market bank operating 65 branches in five Southeastern states, filed a $100 million initial public offering Friday, guided by Wachtell Lipton Rosen & Katz and potentially becoming the year's first bank IPO.

  • March 20, 2017

    Participant In Exxon Invoice Scheme Sentenced To 10 Months

    A man indicted on allegations that he participated in a scheme defrauding ExxonMobil out of $5.5 million via bogus invoices, and who later entered a deal with the government pleading guilty to a fraction of that fraud, on Monday was sentenced by a federal judge in Houston to 10 months in prison.

  • March 20, 2017

    Con-Way Tells High Court Union Election Was Tainted

    Con-Way Freight Inc. has asked the U.S. Supreme Court to review a National Labor Relations Board union election it says should be deemed invalid because a group of pro-union employees who campaigned for organization should have been treated as agents of the union.

  • March 20, 2017

    Texas Anesthesiologist Cops To $40M Kickback Scheme

    A Dallas anesthesiologist on Friday pled guilty in Texas federal court to taking part in a $40 million scheme to use kickbacks and bribes to bring in business to Forest Park Medical Center, the physician-owned hospital he helped open, according to the U.S. Department of Justice.

Expert Analysis

  • Where To Sue For Data Misappropriation

    Richard M. Reice

    Determining where a company’s data is stored for purposes of venue is a relatively new issue not resolved in current case law. Traditionally, courts have focused on the location of the relevant server. But in this age of the cloud, with multiple and redundant servers enhancing access and security, we argue that the place where data is managed and controlled is the proper venue, says Richard Reice of Hoguet Newman Regal & Kenney LLP.

  • How The Most Profitable Law Firms Structure Their C-Suites

    Anita Turner

    The most successful Am Law 200 law firms have evolved from being partner-run to being run by a group of highly skilled professionals reporting to firm shareholders. The data collected from our recent survey indicates this model is generally conducive to increased profitability, says Anita Turner, senior director at Colliers International.

  • Settlement Strategy: What Does The Client Really Want?

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    The best outside counsel think like the client. That includes understanding the client’s perspectives and goals with regard to reaching a settlement — because “good results” mean different things for different clients. Outside counsel must ask themselves the right questions, and know the answers, to shape a client-focused settlement strategy, say Kate Jackson of Cummins Inc. and Patrick Reilly of Faegre Baker Daniels LLP.

  • What ACA Repeal Means For The Future Of Medicaid

    Miranda A. Franco

    Republican party leaders have long said they believe Medicaid is fiscally unsustainable and a spending cap is necessary to fix its finances. The American Health Care Act, introduced by Republican House leadership last week, finally puts those ambitions into official legislative language, says Miranda Franco of Holland & Knight LLP.

  • In The Associate Lateral Market, All Law Firms Are Not Equal

    Darin R. Morgan

    When associates contemplate a potential lateral move, there is a common misconception that all law firms are the same. It may seem that one law firm is just like the next, but if you dig deeper, you may discover unique attributes at some firms that may be more appealing and improve your professional satisfaction significantly, says Darin Morgan of Major Lindsey & Africa.

  • Reflections From A Mock Trial

    Lora Brzezynski

    Nerves were high on the day of the trial. While technically client interests were not at stake, our reputations were still on the line. We were not only presenting our case in front of our newly acquainted colleagues, but also for partners at our firm, expert witnesses, federal judges and in-house counsel — potential employers and clients, say attorneys with Dentons, sharing their recent mock trial experience.

  • OFAC Takes Sanctions Jurisdiction Into Uncharted Waters

    Edward Krauland

    The Office of Foreign Assets Control’s recent finding that a Taiwan-based shipping company violated sanctions regulations has led to quite a bit of speculation about whether OFAC has asserted a broad new theory of jurisdiction. Bankruptcy proceedings, as opposed to other types of disputes in U.S. district court, have particular elements that appear to have been relevant to OFAC’s finding of jurisdiction, say attorneys with Steptoe & Johnson LLP.

  • A Brief History Of Water Splash V. Menon

    Charles Kotuby

    With oral argument in Water Splash Inc. v. Menon set for March 22, the U.S. Supreme Court is poised to resolve a long-standing circuit split over whether the Hague Convention allows for service by mail on defendants residing in foreign countries. Jones Day attorneys explain the significance of the split and the history behind it.

  • 4th Circ. Uranium Mining Ruling Narrows Federal Preemption

    Michael K. Murphy

    The Fourth Circuit's recent decision in Virginia Uranium v. John Warren demonstrates a narrowing of preemption in areas that were traditionally held to the dominion of federal law: federal regulation of radiological safety under the Atomic Energy Act, and of federal lands under the Mining Act and the U.S. Constitution’s property clause, says Michael Murphy of Gibson Dunn & Crutcher LLP.

  • When 'Employee Theft Including Forgery' Can't Cover Forgery

    Norman Tabler Jr.

    It’s probably true that sometimes, as Mr. Bumble said in Oliver Twist, “The law is a ass — a idiot.” Other times, though, the law may look like an ass at first glance but appear more reasonable on further inspection. The latter may be true of the Fifth Circuit opinion in Tesoro Refining v. National Fire Insurance, says Norman Tabler Jr. of Faegre Baker Daniels.