• September 14, 2017

    Houston Shopping Center Landlord Wins Insurance Suit

    A Texas federal judge on Wednesday ordered a quick win for a Houston shopping center landlord that sued an insurance company after it refused to honor the landlord’s claim for liability coverage in an underlying suit accusing the landlord of failing to complete commercial lease negotiations with a new restaurant business on time.

  • September 14, 2017

    Firm Tells 5th Circ. Coverage Is Owed For Malpractice Suits

    Law firm Shelton & Associates on Wednesday asked the Fifth Circuit to reverse a pair of lower court decisions denying insurance coverage for two different legal malpractice suits, saying the district court misinterpreted the policy’s prior knowledge exclusion.

  • September 14, 2017

    Samsung Hit With Beefed-Up Ongoing Royalty In Patent Suit

    A Texas federal judge rebuked Samsung on Wednesday for continuing to infringe two patents after a 2016 trial, and also awarded a higher-than-verdict ongoing royalty, but refrained from granting winner Imperium’s $6.95 million fee request until more documentation is submitted to the court.

  • September 13, 2017

    Ex-IT Worker Gets 2.25 Years For Clinic Hack

    A 29-year-old Texas man was sentenced to 27 months in prison Wednesday for hacking into the servers of a medical clinic where he lost his information technology job and buying merchandise from Staples on the clinic's dime, according to the U.S. Department of Justice.

  • September 13, 2017

    Texas Justices Weigh Effect Of State's Tax Formulas

    Texas Supreme Court justices on Wednesday wrestled with whether the state’s franchise margin tax is mandatory or whether a multistate income tax agreement gives national businesses a path to lower tax bills if they opt to use a decades-old three-factor apportionment formula.

  • September 13, 2017

    Texas Justices Query Limits Of School Sex Harassment Claim

    The Texas Supreme Court weighed a school district's challenge Wednesday to a former gym teacher’s sexual harassment and retaliation claims, questioning whether the allegedly harassing comments should be treated as mere bullying.

  • September 13, 2017

    Texas Atty Sues Firm Over Slice Of Possible Million-Dollar Pie

    A Houston-area lawyer has sued his former firm Walne Law PLLC for allegedly violating a fee agreement and denying his right to a share of fees from an underlying contract dispute that could yield millions of dollars in damages.

  • September 13, 2017

    Texas Cities, Nonprofits Fight Partial Sanctuary City Ban

    A collection of Texas municipalities and nonprofit organizations asked the Fifth Circuit on Wednesday not to stay the block on the detainer provision in Texas' anti-sanctuary city law, arguing that a lower court properly concluded that the law is unconstitutionally vague and that there is no “emergency” need for a stay.

  • September 13, 2017

    NFL Could Face Another Prolonged Fight In Latest Labor Tiff

    The NFL's disciplinary process is once again under the microscope as the league looks to overturn a ruling that put Dallas Cowboys running back Ezekiel Elliott's six-game suspension on hold, but while the league has previously been successful in federal circuit courts, experts say it might not be an easy fight this time around.

  • September 13, 2017

    Texas Bar Sues Austin Atty Over Misleading ADA Letters

    An Austin attorney, who in July was hit with a three-year ban from practicing in the Western District of Texas because of his abusive litigation practices in a series of Americans with Disabilities Act suits, is now the target of a State Bar of Texas lawsuit alleging unethical behavior.

  • September 13, 2017

    Fleeing From Cops Not Enough For Removal, 5th Circ. Finds

    The Fifth Circuit has reversed a Board of Immigration Appeals decision that a Ghanaian immigrant was ineligible for cancellation of removal based on a previous evading arrest conviction in Texas, finding Tuesday that the crime was not severe enough to automatically disqualify him.

  • September 13, 2017

    Securus, Rival Want Two Prison Phone Patents Cut From Suit

    Securus Technologies and Global Tel*Link jointly asked a Texas federal judge Tuesday to dismiss all claims regarding two patents in an ongoing dispute over their use in prison phone systems, leaving the claims of five other patents to be resolved.

  • September 13, 2017

    Locke Lord Steers Tailwater's $300M Sale Of Align Midstream

    Private equity firm Tailwater Capital LLC, with assistance from legal adviser Locke Lord LLP, has inked an agreement to sell Dallas-based Align Midstream LLC to Enable Midstream Partners LP for roughly $300 million, according to a Wednesday statement from the law firm.

  • September 13, 2017

    5th Circ. Affirms Toss Of FCA Suit Against AndroGel Maker

    The Fifth Circuit on Tuesday affirmed a lower court’s decision to toss allegations that Solvay Pharmaceuticals Inc. caused health care providers to wrongfully bill the government for three of its drugs in violation of the False Claims Act, saying the relators didn’t offer sufficient evidence to back their claims.

  • September 12, 2017

    Google Gets Royalty Rate Pick After $20M Patent Trial Loss

    A Texas federal judge on Tuesday picked Google’s suggested ongoing royalty for using patented malware-protection technology after a jury awarded the inventor $20 million, rejecting the inventor’s bid for a royalty several times higher than the rate implied by the jury verdict.

  • September 12, 2017

    DOJ Asks 5th Circ. To Allow Part Of Sanctuary City Ban

    The U.S. Department of Justice on Tuesday asked the Fifth Circuit to stay the block on the detainer provision in Texas’ anti-sanctuary city law, known as S.B. 4, claiming the Constitution permits local officials to hold immigrants in response to federal requests.

  • September 12, 2017

    Insurer Can't Ditch $5M Chuck E. Cheese Coverage Dispute

    A Texas federal judge on Tuesday denied Travelers’ bid to bring a quick end to a coverage dispute with Chuck E. Cheese owner CEC Entertainment Inc. over $4.9 million in defense costs for shareholder litigation stemming from the chain’s merger price.

  • September 12, 2017

    After Storms, Senators Move Stalled Telecom Disaster Bill

    Amid the aftermath of hurricanes that devastated swaths of Florida and Texas, senators Chuck Schumer, D-N.Y., and Maria Cantwell, D-Wash., advanced a bill introduced in January requiring cell carriers to carry competitors’ signals during emergencies, among other telecom disaster provisions.

  • September 12, 2017

    Texas Hospital Urges High Court To Toss Nurses' Salary Fight

    A Texas hospital has asked the Texas Supreme Court to throw out a jury verdict awarding a group of nurses back pay, arguing lower courts wrongly treated the nurses’ annual performance evaluations as employment contracts that set a certain salary.

  • September 12, 2017

    EisnerAmper Wants To Keep $100M Fraud Claims Nixed

    Accounting firm EisnerAmper LLP urged the Fifth Circuit on Monday not to revive a lawsuit from Louisiana pension funds accusing it of complicity in a fraud perpetrated by Fletcher Asset Management that cost the funds $100 million, arguing the funds missed their only window to establish a viable claim.

Expert Analysis

  • Invalidation Of DOL Overtime Rule Leaves Employers In Limbo

    Charles Feuss

    Last week, a Texas federal judge ruled to invalidate the controversial overtime rule published by the U.S. Department of Labor last year. While the decision is almost certainly the end of the Obama administration’s efforts to update the so-called white collar exemptions with a significant increase in the minimum salary requirement, the issue is far from resolved, says Charles Feuss of Kilpatrick Townsend & Stockton LLP.

  • Congressional Forecast: September

    Richard Hertling

    With apologies to T.S. Eliot, September is looking to be the cruelest month. This work period will be a critical test for the president and Republican majority in Congress, as members return to face a daunting workload of time-sensitive legislation and only three weeks to get it all done, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • Insurers May Be Stuck Between Rock And A Hard Place: Part 2

    Robert Helfand

    In National Fair Housing Alliance v. Travelers, a D.C. federal court ruled that insurers can be held liable under the Fair Housing Act for the disparate impact of someone else's conduct. For the moment, it appears that insurers must try to adhere to two incompatible visions of how to address inequality, says Robert Helfand of Pullman & Comley LLC in the final part of this article.

  • The Psychology Of Hourly Fee Arrangements

    J.B. Heaton

    The range of possible and better fee agreements is wide. But such alternatives will become popular only if litigants confront the psychological tendencies shaping their existing fee arrangements, says J.B. Heaton, a partner at Bartlit Beck Herman Palenchar & Scott LLP.

  • Insurers May Be Stuck Between Rock And A Hard Place: Part 1

    Robert Helfand

    Last week in National Fair Housing Alliance v. Travelers, a district court in Washington, D.C., ruled that insurers may be sued for disparate impact, and that they may be liable under the Fair Housing Act for the disparate impact of someone else's conduct. This decision threatens to put insurers in the middle of a crossfire with state regulators, says Robert Helfand of Pullman & Comey LLC.

  • Recent Settlements Suggest Off-Label Cases Aren't Extinct

    John Bentivoglio

    A review of recent activity suggests the government remains committed to pursuing off-label promotion cases, even if limited to using civil remedies. Promotional activities continue to be a significant compliance risk for life sciences companies, particularly messages targeted toward vulnerable populations and that characterize risk and adverse event data, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • Property Insurers Should Brace For Post-Harvey Storm

    M. Scott Incerto

    While early estimates vary wildly, the insurance cost of Hurricane Harvey is certain to be in the billions. With that amount of devastation, property insurers should begin preparing now for the second storm that is certain to follow the first: the onslaught of claims and coverage litigation, say M. Scott Incerto and Adam Schramek of Norton Rose Fulbright.

  • Harvey Crisis: How State Laws Will Protect Service Members

    Jeffrey Naimon

    During natural disasters, governors often activate members of the National Guard to assist in rescue and recovery efforts, and Hurricane Harvey is no different. When service members enter harm’s way, several state laws provide additional protections for their civilian obligations, say Jeffrey Naimon and Sasha Leonhardt of Buckley Sandler.

  • Self-Collection In E-Discovery — Risks Vs. Rewards

    Alex Khoury

    As judges become better educated about the complexities of collecting electronically stored information, in particular the inefficacy of keyword searching, they are increasingly skeptical of self-collection. And yet, for many good reasons (and a few bad ones), custodian self-collection is still prevalent in cases of all sizes and in all jurisdictions, says Alex Khoury of Balch & Bingham LLP.

  • 6 Common Lateral Partner Myths Debunked

    Dan Hatch

    It’s safe to say that while demand ebbs and flows for legal services, there will never be a shortage of opinions about lateral partner hiring, which is positive for the industry, as anything with such vital importance to careers should attract significant attention. However, there is a unique mythology that travels with the discussions, says Dan Hatch of Major Lindsey & Africa.