• March 16, 2018

    Atty Bloggers Find Niche Tracking Federal Appeals Courts

    A minuscule but committed group of attorneys have toiled away blogging on specific federal appeals courts, not only bolstering their skills as practitioners and building a name for themselves as authorities but also shining a light on important courts that often want for dedicated attention.

  • March 16, 2018

    Texas Justices To Weigh In On Higher Bar In Birth Injury Suit

    The Texas Supreme Court on Friday decided to hear oral arguments in a case where a doctor is fighting medical malpractice claims brought by the parents of a baby who was injured during delivery that asks the court to clarify when a heightened legal standard of negligence applies in emergency care situations.

  • March 16, 2018

    5th Circ. Lifts Block On La. Pipeline Project Amid Appeal

    A divided Fifth Circuit panel on Thursday unfroze construction of a crude oil pipeline connected to the controversial Dakota Access pipeline while a Louisiana federal judge's injunction is appealed, with the majority saying it appears that the injunction shouldn't have been granted.

  • March 16, 2018

    Texas High Court Won’t Revisit Exxon Win In Age Bias Suit

    The Texas Supreme Court on Friday refused to hear a former Exxon Mobil employee’s age discrimination and retaliation appeal, keeping in place an appellate court opinion that affirmed a quick win for the oil giant and said there was evidence that poor performance was the reason for the dismissal.

  • March 16, 2018

    A Chat With Littler Info Chief Durgesh Sharma

    In this monthly series, legal recruiting experts at Major Lindsey & Africa interview management from top law firms about navigating an increasingly competitive business environment. Here we feature Durgesh Sharma, CIO at Littler Mendelson PC.

  • March 15, 2018

    Split 5th Circ. Vacates DOL's Obama-Era Fiduciary Rule

    A split Fifth Circuit panel on Thursday vacated the U.S. Department of Labor’s fiduciary rule for retirement account advisers, with the majority finding the agency overstepped its authority and that the Obama-era rule’s redefinition of "fiduciary" was unreasonable.

  • March 15, 2018

    5th Circ. Affirms 2 Convictions In BP Oil Spill Fraud Case

    The Fifth Circuit on Wednesday upheld the convictions of two consultants accused of inflating the number of claimants in a $2.3 billion settlement in the BP PLC Deepwater Horizon litigation, rejecting their argument that a separate trial was necessary after the other defendants turned on them.

  • March 15, 2018

    Doc Can't Duck Suit Over Botched Hysterectomy, Court Says

    A Texas appellate court on Thursday refused to dismiss a medical malpractice suit alleging a doctor had botched a hysterectomy, saying expert reports submitted in the case provided enough information to keep alive the claims.

  • March 15, 2018

    Courthouse Concealed-Gun Ruling Reversed By Texas Panel

    A split panel of the First Court of Appeals of Texas on Thursday determined a lower court didn't have standing to hold that signage outside a courthouse banning concealed license holders from entering with a handgun comports with state law, tossing the judgment but leaving the underlying matter unresolved.

  • March 15, 2018

    Jury Awards $706M Over Appraisal App Secrets Theft

    A Texas state jury awarded $706.2 million on Wednesday to data-analytics startup HouseCanary, agreeing that former collaborator Title Source Inc. brazenly stole proprietary data recipes for home appraisals and comparisons as it allegedly readied to build its own software suite.

  • March 15, 2018

    Feds To Revisit Critical Habitat Rules To Settle States' Suit

    An Alabama federal judge on Thursday agreed to dismiss a challenge brought by a coalition of largely right-leaning state attorneys general against Endangered Species Act rules governing critical habitat designations after the federal government agreed to reconsider them, the Arkansas Attorney General’s office said.

  • March 15, 2018

    Investors Dig For Cert. In Rent-A-Center Stock Drop Fight

    A group of Rent-A-Center Inc. investors asked for class certification Wednesday in their suit alleging the furniture giant's stock tanked after a slew of hidden problems with a new system for sales transactions were revealed, telling a Texas federal judge they presumptively relied on the company's misstatements and omissions when making trading decisions.

  • March 15, 2018

    Claims Against Neighbor Revived In Bee Swarm Death Suit

    The siblings of a woman who died after being attacked by bees saw their suit against a neighbor partially revived Wednesday when a Texas appellate panel held that the family's negligent undertaking claim should proceed because there was evidence the neighbor tried to eradicate the bees.

  • March 15, 2018

    Workers Win 'Tolling' Ruling In Del. 3rd Circuit Query

    In a partial win for banana plantation workers pursuing a pesticide class injury claim, Delaware's Supreme Court told the Third Circuit on Thursday that statute of limitation pauses in multijurisdiction disputes end only after a clear denial of class status.

  • March 15, 2018

    Arlington, Texas, To Create US' Largest Esports Arena

    Arlington, Texas, which is already home to stadiums for the Dallas Cowboys and Texas Rangers, could boast the largest esports stadium in the U.S., according to new plans unveiled by the city Wednesday in an attempt to capture part of the burgeoning esports market.

  • March 15, 2018

    Feds Seek To DQ Atty In Venezuelan Bribery Case

    Federal prosecutors on Wednesday urged a Texas federal judge to disqualify a defense lawyer for a former Venezuelan government official indicted for his alleged role in a bribery scheme involving the country’s state-owned oil giant, citing the lawyer’s previous representation of a co-defendant in the case.

  • March 15, 2018

    Consultant Co. Wants Out Of $1.76M Suit Over Alleged Scam

    A California attorney and her investment advisory company on Thursday moved to dismiss a suit brought by a medical device developer that claimed the attorney scammed it out of $1.76 million, arguing that Texas federal courts had no jurisdiction over either the attorney or her company.

  • March 15, 2018

    Firms Agree To End Suit Over 'Strong Arm' Trademark

    Two personal injury firms have settled a dispute in Texas federal court over use of the term “The Strong Arm” in advertising, which both firms had used for years but that one had since trademarked, with the judge agreeing to dismiss the case Wednesday.

  • March 15, 2018

    IHeartMedia Hits Ch. 11 To Cut More Than $10B In Debt

    Radio broadcast giant iHeartMedia Inc. filed for bankruptcy in Houston late Wednesday, announcing it has negotiated an agreement in principle with its lenders and other creditors to reduce its balance sheet by more than $10 billion.

  • March 14, 2018

    Pipeline Cos. Seek ExGen Texas Ch. 11 Financial Assurance

    Two Texas pipeline companies objected Wednesday to confirmation of ExGen Texas Power LLC’s Chapter 11, citing concerns about the creditworthiness of unnamed replacement guarantors for their long-term agreements to fuel four of ExGen’s power plants.

Expert Analysis

  • Why Machine Learning Should Matter To Lawyers

    Dan Puterbaugh

    Legal leaders who want to meet their clients' expanding expectations should start moving their documents to future-ready document management solutions now if they want to stay competitive in the next few years, says Dan Puterbaugh of Adobe Systems Inc.

  • So Far, So Right — Menchaca Has Not Changed Appraisal Law

    Victoria Vish

    Ten months ago, the Supreme Court of Texas issued an opinion in USAA v. Menchaca, which some claimed would change the course of Texas precedent regarding extracontractual liability. As predicted in a previous Law360 guest article, however, the decision has yet to disturb the finality of an appraisal award, says Victoria Vish of Zelle LLP.

  • Understanding Texas Mechanic's Liens And Bonds: Part 3

    Excerpt from Lexis Practice Advisor

    Texas is home to relatively complex statutory frameworks for liens and bonds used to secure payment for services rendered. Statutory and constitutional liens provide powerful remedies for nonpayment, but only if the proper guidelines are strictly observed, says David Tolin of Cokinos Young in the final part of this article.

  • Understanding Texas Mechanic's Liens And Bonds: Part 2

    Excerpt from Lexis Practice Advisor

    Texas is home to relatively complex statutory frameworks for liens and bonds used to secure payment for services rendered. Statutory and constitutional liens provide powerful remedies for nonpayment, but only if the proper guidelines are strictly observed, says David Tolin of Cokinos Young in the second part of this article.

  • 5th Circ. Adds To Split On Review Of Jury Instruction Errors

    Andrew Goldsmith

    Several circuits have taken different approaches on how to assess the prejudice caused by erroneous jury instructions on a criminal defendant’s principal trial theory when the defendant challenges the instructions for the first time on appeal. The latest decision is from the Fifth Circuit, in U.S. v. Fairley, says Andrew Goldsmith of Kellogg Hansen Todd Figel & Frederick PLLC.

  • Understanding Texas Mechanic's Liens And Bonds: Part 1

    Excerpt from Lexis Practice Advisor
    David Tolin

    Texas is home to relatively complex statutory frameworks for liens and bonds used to secure payment for services rendered. Statutory and constitutional liens provide powerful remedies for nonpayment, but only if the proper guidelines are strictly observed, says David Tolin of Cokinos Young.

  • Tension Over 'Place Of Business' Timing For Patent Venue

    Brian Kwok

    Post-TC Heartland, an increasingly common venue dispute revolves around whether a patent defendant must have its "regular and established place of business" in the judicial district when filing the complaint, or only when the alleged act of infringement occurred. Two recent district court decisions appear to answer this question differently, say Brian Kwok and Winnie Wong of Haynes and Boone LLP.

  • How Emerging Sources Of ESI Will Impact Discovery

    Charles McGee

    Late last year, the Sedona Conference released the third edition of its principles addressing electronic document production, updated to account for innovations like Snapchat and Twitter. It may be necessary for these principles to be updated more often in order to keep pace with technology, says Charles McGee III of Murphy & McGonigle PC.

  • Put The Brakes On Acceleration Bay Litigation Funder Ruling

    David Gallagher

    Last week, the District of Delaware raised eyebrows by ruling that documents provided to a litigation funder and its counsel in connection with their due diligence are categorically not attorney work product. Acceleration Bay v. Activision Blizzard seems to be a case of bad facts making bad law, says David Gallagher, investment manager and legal counsel for Bentham IMF.

  • Considerations For Attorneys Using Artificial Intelligence

    Ben Allgrove

    Artificial intelligence tools can empower attorneys to work more efficiently, deepen and broaden their areas of expertise, and provide increased value to clients, which in turn can improve legal transparency, dispute resolution and access to justice. But there are some common pitfalls already apparent in the legal industry, say Ben Allgrove and Yoon Chae of Baker McKenzie.