Texas

  • 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.

  • March 20, 2017

    Senior Housing REIT Drops $62M On Memory-Care Facilities

    National Health Investors Inc., a real estate investment trust focused on senior-housing and medical investments, said Monday that it has purchased five memory-care facilities in Texas and Illinois for $61.8 million and plans to lease them back to The LaSalle Group Inc.

  • March 20, 2017

    Deepwater Judge Allows Delayed Claims To Proceed To Court

    The judge overseeing the Deepwater Horizon multidistrict litigation ruled Friday that plaintiffs whose pursuit of economic damages from the oil spill and resulting federal moratorium on Gulf of Mexico drilling were put on hold could opt out of a global settlement and bring their claims in court.

  • March 20, 2017

    DOE Has No Excuse For Shirking LNG Study, Enviros Say

    The U.S. Department of Energy did not properly analyze the impact of increased liquefied natural gas exports in approving exports from Cheniere Energy Inc.'s projects in Texas and Louisiana despite having the information and means to do so, the Sierra Club told the D.C. Circuit on Friday.

  • March 20, 2017

    Biz Groups Can’t Block DOL Fiduciary Rule, Judge Says

    A Texas federal judge won’t block the U.S. Department of Labor’s fiduciary rule for retirement account advisers while the U.S. Chamber of Commerce and others try to revive their challenge to it, ruling Monday the business groups hadn’t caused the court to question its earlier decision in the agency’s favor.

  • March 20, 2017

    Justices Reject Bid To Revive $340M Becton Antitrust Verdict

    The U.S. Supreme Court on Monday declined to hear an appeal by syringe maker Retractable Technologies Inc. asking for the reinstatement of a $340 million award on antitrust and false advertising claims against rival Becton Dickinson and Co.

  • March 20, 2017

    Anadarko Case Could Reshape Offsite Drilling In Texas

    The Texas Supreme Court will hear argument Tuesday in a case that could reshape where oil and gas companies can drill their wells, particularly in the Eagle Ford and Permian Basin, as the justices are asked to decide whether drilling through one mineral estate to reach an adjacent tract constitutes a trespass.

  • March 20, 2017

    Jones Walker Dodges DQ Bid In Contract Row

    Jones Walker LLP on Friday escaped a bid to disqualify it from representing Freeport-McMoRan Oil & Gas LLC in a breach of contract suit in which Magnolia Global Technology LLC said it is owed about $4.6 million, with a magistrate judge ruling that Magnolia failed to show an attorney-client relationship between its president and the firm.

Expert Analysis

  • 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.

  • Shining A Light On GOP Plan For Health Care Reform

    Andrew Bab

    Since the election of President Trump and Republican majorities in the House and the Senate, there has been a strong push to repeal and replace the Affordable Care Act. However, there has been little detail as to what “repeal” or “replace” actually mean. Recent developments provide some clarity, say members of Debevoise & Plimpton LLP.

  • Consumer Financial Services Cos., Prepare For New Dynamic

    Melanie Brody

    Appointment of a new, more industry-friendly Consumer Financial Protection Bureau director by President Donald Trump would most likely reduce the number of enforcement actions brought by the bureau. Nevertheless, providers of consumer financial services should not assume that their enforcement risk will disappear along with current CFPB Director Richard Cordray, say attorneys with Mayer Brown LLP.

  • 'Exceptional' Lessons From Iris Connex V. Dell

    Jay F. Utley

    Much of the same conduct that rendered Iris Connex v. Dell exceptional was found to also render it sanctionable. The thoroughly written decision from the Eastern District of Texas is especially instructive given the district’s historically rare findings of exceptionability and sanctionable conduct, say Jay Utley and Yoon Chae of Baker McKenzie LLP.

  • Data Analytics Now Cost-Effective For Smaller Firms

    Chris Paskach

    A recent survey found that nearly two-thirds of Am Law 200 firms are now using data analytics, compared to only about a tenth of regional and boutique firms. Yet the exploding market for data analytics technology in business is making these productivity tools available for any size matter or firm, say Christopher Paskach of The Claro Group and Douglas Johnston Jr. of Five Management LLC.

  • Don’t Underestimate The Value Of An Internal Audit

    Justin Gwin

    Most legal and business leaders know that internal culture — including tone, operating style, standard of behavior and shared values that guide employee decisions — can make or break a firm. An internal audit can assess a firm's culture and identify potential issues within the organization, says Justin Gwin of Kaufman Rossin PA.

  • Financing High-Speed Rail In The United States: Part 3

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    Due to the capital-intensive nature of high-speed rail development, public financing is rarely sufficient to cover all costs. In the final installment of this series, Emeka Chinwuba and Leslie Jacomino of Norton Rose Fulbright consider available private financing options for American high-speed rail systems, including equity investment, project bonds and bank loans, as well as the role of foreign export credit agencies.