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Texas

  • August 14, 2018

    LeClairRyan Hires Ex-Phelps Dunbar Employment Pro In Texas

    LeClairRyan expanded its Houston office with the addition of a former Phelps Dunbar LLP attorney who will bring with him almost 15 years of experience handling employment and labor matters, including class actions, collective bargaining and trade secret suits.

  • August 14, 2018

    Trusts' $11.7M Fuel Tax Credit Appeal Burned In DC Circ.

    The D.C. Circuit upheld the U.S. Tax Court’s ruling that two trusts involved in the production and sale of landfill gas are not entitled to $11.7 million in tax credits as well as business expense deductions, saying Tuesday that the trusts had not met the necessary statutory requirements to qualify.

  • August 14, 2018

    Kirkland & Ellis Adds Corporate Partner In Houston Office

    Kirkland & Ellis LLP has added a partner to its corporate practice group in Houston who brings with him more than 20 years of experience with securities offerings, mergers and acquisitions and other corporate work in the energy industry.

  • August 14, 2018

    Asbestos Depo Doc Isn't A Court Record, Texas Court Says

    An attorney-journalist hasn’t shown that long-sealed records purporting to help establish that a Dallas firm coached clients for depositions in asbestos cases fell under the definition of a “court record,” a Texas appeals court said Tuesday.

  • August 14, 2018

    Drug Kickback Suit Against Eli Lilly Dismissed For Now

    A Texas federal judge gave Eli Lilly and Co. and four health care companies a reprieve from a whistleblower lawsuit alleging they conspired to offer kickbacks to boost prescriptions of insulin and osteoporosis drugs, finding that a health care research organization's allegations were too vague but leaving the door open for the group to try again.

  • August 14, 2018

    5th Circ. Backs Deere Arbitration Bid In Contract Dispute

    The Fifth Circuit has found that a Mississippi farming and landscaping equipment dealer must go to arbitration to settle a contract dispute with Deere & Co., saying a provision to compel arbitration stands even though the contract providing that provision was terminated.

  • August 14, 2018

    Texas Judge Admonished For Treatment Of Homeless Witness

    A Texas special court of review has backed a public reprimand against a former Houston judge who issued an order concerning an alleged sexual assault victim who was homeless that resulted in the woman being detained in county jail for four weeks without a hearing or legal representation.

  • August 13, 2018

    David Boies On How Dyslexia Shaped His Practice

    One of the country’s highest-profile litigators, the Boies Schiller Flexner LLP chairman was diagnosed with dyslexia when he was in his 30s. In an interview with Law360, he talks about practicing law with the learning disability.

  • August 13, 2018

    BigLaw’s Mental Health Stigma Shows Signs Of Fading

    Sometimes viewed as an “invisible” disability, mental illness has long been forced under wraps because of the risk attorneys could face bias and stigma. Here’s how lawyers, law firms and other groups are starting to take on the status quo.

  • August 13, 2018

    States Push Back Against Dismissal Bids In Opioid MDL

    Dozens of states slammed a bid by drugmakers and distributor McKesson Corp. to dismiss claims that they fueled the opioid crisis, telling an Ohio federal judge who is overseeing the opioid multidistrict litigation that a state's ability to protect the health of its citizens must not be restricted.

  • August 13, 2018

    FedEx Knocks Out Part Of Intellectual Ventures Tracking IP

    The U.S. Patent Trial and Appeal Board has invalidated portions of a patent held by Intellectual Ventures that covers shipping and tracking technology, agreeing with FedEx that prior art makes several of the patent claims obvious.

  • August 13, 2018

    Man Gets 8 Years In Prison For Oil And Gas Scheme

    A federal judge on Friday sentenced a man to more than eight years in prison for wire fraud and money laundering in connection with allegations that he falsely told investors he owned oil and gas leases in Montana, Texas and Oklahoma, including on the Blackfeet Indian Reservation.

  • August 13, 2018

    Texas DA Still DQed After 'Contentious Exchange' With Atty

    The Hockley County District Attorney has lost his bid to have a Texas appellate court overturn a trial court’s order disqualifying his office from prosecuting seven cases in which the attorney representing the defendants and the DA were involved in an “apparently contentious exchange.”

  • August 13, 2018

    Texas Enviro Agency Can't Escape Age And Race Bias Suit

    A Texas federal judge ruled Monday that the Texas Commission on Environmental Quality must face a suit accusing one of its department directors of age and race discrimination, writing that a former hydrologist presented enough questions of fact for the case to survive summary judgment.

  • August 13, 2018

    Insurers Fight Asbestos Firm's Quick Win Bid In Payback Row

    Three health insurers have urged a federal judge in Texas to reject a bid from national asbestos law firm Shrader & Associates LLP to toss the insurers' lawsuit alleging the firm failed to pay their due out of settlement funds, saying the firm was wrong to assert they lack standing to bring the suit.

  • August 13, 2018

    Texas School District Wants Sex Discrimination Suit Tossed

    A Texas school district has asked a Texas federal court to dismiss a suit from a teacher alleging she was discriminated against for being a lesbian, saying her allegations lacked a factual basis and sexual orientation is not a protected class.

  • August 13, 2018

    IRS Seeks Early Win In FOIA Doc Fight With Highland Capital

    The Internal Revenue Service has asked a Texas federal court for a quick win in a suit by Highland Capital Management LP, saying it properly withheld documents requested under the Freedom of Information Act related to a 2008 audit of the investment company.

  • August 10, 2018

    How The Legal Industry Lets Down Lawyers With Disabilities

    The dissolution of a five-year-old bar group marks the latest setback for disabled attorneys, who often find little support while navigating an inhospitable industry.

  • August 10, 2018

    Gaining Access: Disabled Lawyers Share Their Stories

    In a series of interviews, lawyers tell Law360 how even well-intentioned professors can create barriers, how inclusivity can help a firm’s litigation prowess, and how “inspirational” can be a dirty word.

  • August 10, 2018

    Chinese Wind Energy Co. Can Enforce $70M Arbitration Award

    Renewable energy company Soaring Wind Energy LLC and China-focused investor Tang Energy Group Ltd. won their bid to confirm a $70 million arbitration award against another investor, when a Texas federal judge found no justification for altering the award.

Expert Analysis

  • The Future Of Authenticating Audio And Video Evidence

    Jonathan Mraunac

    The recent emergence of artificial intelligence-based technology has prompted serious concerns about the future integrity of recordings. Attorneys must think critically about standards for authenticating audio and video evidence as well as legislative and regulatory safeguards to discourage pervasive manipulation and forgery, says Jonathan Mraunac of Ogletree Deakins Nash Smoak & Stewart PC.

  • 5th Circ. Suggests Insurance May Cover Credit Card Breach

    Laura Foggan

    Last month, a little-noticed Fifth Circuit decision in Spec’s v. Hanover raised some important questions about the extent to which directors, officers and corporate liability policies may be called upon to respond to cyber breach incidents in which credit card data is stolen by unknown hackers, say Laura Foggan and Thomas Kinney of Crowell & Moring LLP.

  • Menchaca Continues To Preclude Post-Appraisal Liability

    Crystal Vogt

    The Texas Supreme Court's revised opinion in USAA v. Menchaca seemingly provided another opportunity for courts to reinterpret how Menchaca might affect post-appraisal claims. However, Texas courts have continued to confirm that timely payment of an appraisal award precludes extracontractual exposure, say Crystal Vogt and Bennett Moss of Zelle LLP.

  • A Range Of State Responses After Wayfair

    Jeffrey Reed

    In the weeks since the U.S. Supreme Court decided South Dakota v. Wayfair Inc., state responses have ranged from hortatory to defiant. Jeffrey Reed, chairman of the state tax practice at Kilpatrick Townsend LLP, reviews 12 state reactions and offers considerations for online sellers still developing a game plan.

  • Opinion

    Law360's Global 20 Doesn't Acknowledge Global Networks

    Glenn Cunningham

    While I read with interest Law360's report analyzing the top 20 global law firms of 2018, I also noticed it doesn't tell the whole story. Global networks of independent law firms compare favorably with multinational firms in terms of geographic coverage, legal expertise, and awareness of local cultures and customs, says Glenn Cunningham of Interlaw Ltd.

  • How Texas' Anti-SLAPP Law Applies To Medical Peer Review

    Jesse Coleman

    Recent decisions both in state and federal courts have made it clear that Texas' anti-SLAPP statute likely now applies to all causes of action arising out of facts related to the medical peer review process. This will greatly increase hurdles for plaintiffs in future legal actions involving medical peer review, say Jesse Coleman and Brian Wadsworth of Seyfarth Shaw LLP.

  • Takeaways From 5th Circ. Wind Farm Scam Case

    Kip Mendrygal

    The misappropriation of funds charge can leave defense attorneys struggling throughout trial to distinguish personal expenses from legitimate business expenses. The Fifth Circuit's decision in U.S. v. Spalding sheds light on how to handle these situations, but also sets out the battles that attorneys won’t win, say Kip Mendrygal and Mario Nguyen of Locke Lord LLP.

  • Guest Feature

    Chris Dodd Talks Dodd-Frank, Nuremberg Trial, Hollywood

    Randy Maniloff

    Attorney Randy Maniloff recently sat down with former Sen. Christopher Dodd at his new office at Arnold & Porter in Washington, D.C. The goal? To discover things we might not know about the author of some of the most important legislation of the last few decades.

  • A Big Verdict Highlights Hazardous Trucking Practices

    John Jose

    The $90 million verdict handed down against Werner Enterprises by a Texas court in May highlights the dangers that can arise when trucking companies pair an experienced driver with a student, then allow the veteran driver to rest while the student behind the wheel faces dangerous driving conditions. Until this practice is changed, we can anticipate more lawsuits like Werner, says John Jose of Slack Davis Sanger LLP.

  • What Kavanaugh's Writing Tells Us About His Personality

    Matthew Hall

    People with certain personality traits tend to use certain words. A computer analysis of Judge Brett Kavanaugh’s D.C. Circuit opinions reveals that he is highly extraverted, which means that he would be a prominent voice on the U.S. Supreme Court, says Matthew Hall, a professor at the University of Notre Dame.