Texas

  • December 12, 2017

    Gas Leak Detection Co. Urges Court To Revive IP Suit

    Leak Surveys Inc. asked a Texas federal judge Monday to vacate her decision throwing out the company's infringement suit against competitor FLIR Systems Inc. over gas-leak detection patents, arguing the ruling constituted an error of law that violated LSI's due process rights.

  • December 12, 2017

    $6M Nokia Real Estate Row Must Be Arbitrated, Court Hears

    Nokia asked a Texas federal court Monday to toss a U.S. commercial real estate services firm's $6 million suit accusing the Finnish consumer electronics company of breaching an exclusive service agreement, saying the dispute must be arbitrated in London.

  • December 12, 2017

    BHP Billiton Can't Put An Early Stop To Oil Gathering Row

    A Texas appellate court on Tuesday rejected BHP Billiton Petroleum Properties LP's argument that a lawsuit brought against it by an oil and gas exploration company alleging BHP charged above-market rates to gather oil and gas produced from Eagle Ford Shale wells should be dismissed under the Gas Utility Regulatory Act.

  • December 12, 2017

    Doc Says Absentee Atty's Negligence Resulted In Loss

    A Houston-area doctor filed a lawsuit Tuesday against Houston-based Stagner Law Firm and one of its attorneys, alleging that despite taking a $3,500 payment to represent him in a lawsuit stemming from the purchase of a medical practice, the attorney failed to show up to court.

  • December 12, 2017

    Senate Dems Lob Plagiarism Charge At Trump Enviro Pick

    Senate Democrats on Tuesday accused President Donald Trump's controversial pick to lead the White House's Council on Environmental Quality of plagiarism, saying several written responses to their questions were directly lifted from answers previously given by Environmental Protection Agency Administrator Scott Pruitt and EPA Assistant Administrator Bill Wehrum.

  • December 11, 2017

    M&G Final DIP Loan Decision Postponed For One Day

    M&G USA Corp. secured Delaware bankruptcy court approval for a longer, two-track company sale schedule Monday, with a decision on M&G’s $100 million debtor-in-possession loan postponed for a day as company attorneys worked to settle objections and cash allocations.

  • December 11, 2017

    GenOn Seeks OK Of Ch. 11 Plan As Gov't Raises Concerns

    NRG Energy unit GenOn Energy Inc. urged a Texas bankruptcy court on Sunday to approve its pending Chapter 11 plan, but it is being met with an objection by the federal government over third-party litigation releases and a complaint that it is hastily pushing through a late settlement.

  • December 11, 2017

    Has Litigation Finance Shed Its Stigma?

    Once a taboo topic in the halls of BigLaw, litigation finance is winning over converts. And the peer pressure is building for rival law firms to join the bandwagon.

  • December 11, 2017

    What Your Colleagues Think Of Litigation Finance

    We asked, and you answered. Here are the results of Law360’s inaugural survey on third-party legal funding.

  • December 11, 2017

    Why Investors Are Taking The Leap To 3rd-Party Funding

    They often don’t know exactly what they’re buying, and there’s an ever-present chance they could come up empty in a given case. Here’s why investors are flocking to litigation finance anyway.

  • December 11, 2017

    EFH Judge Won't Halt Axing Of $275M NextEra Breakup Fee

    The Delaware bankruptcy judge presiding over the massive Energy Future Holdings Corp. case rejected Monday a bid by would-be buyer NextEra Inc. to halt his decision not to award a $275 million breakup fee during an appeal process, saying that such a move would be “premature.”

  • December 11, 2017

    American, Union Win Toss Of Ex-TWA Pilots' Seniority Suit

    A Texas federal judge on Monday granted a bid from American Airlines and Allied Pilots Association to dismiss a suit brought by four former Trans World Airlines pilots alleging the airline and the union mishandled a dispute over their integration into the American pilot seniority list after American merged with TWA in 2001.

  • December 11, 2017

    Texas Tire Co. Files CIT Complaint Over Denied Imports

    Texas-based Winland International Inc. filed a complaint with the U.S. Court of International Trade on Monday after an imported shipment of truck and bus tires was denied entry into the country for having the wrong manufacturer code stamp.

  • December 11, 2017

    EnCap Pours $300M Into New Texas Mineral, Royalty Co.

    Fort Worth, Texas-based mineral and royalty company Pegasus Resources LLC on Monday announced its formation alongside a $300 million equity commitment from private equity firm EnCap Investments LP.

  • December 11, 2017

    Apple Urges High Court To Deny Review In $533M Patent Case

    Apple Inc. is urging the U.S. Supreme Court to not hear an appeal brought by Smartflash LLC, saying the Federal Circuit correctly applied the Alice standard when it found certain Smartflash data storage patents were invalid following a $533 million jury verdict against the iPhone maker.

  • December 11, 2017

    Texas Ex-Atty Should Pay $13.7M To Mexican Agency: Feds

    Federal prosecutors asked a Texas federal judge on Friday to force a former lawyer to repay $13.7 million to a Mexican agency after he was involved in a scheme to divert $32 million from a Mexico utility project, saying much of the rest of the damages claimed actually couldn't be resolved within this case.

  • December 11, 2017

    Chopper Repair Co. Fights To Keep Safran Contract Suit Alive

    A Kansas company that buys and repairs helicopters and engines urged a Texas federal court Friday to deny a bid to dismiss its suit against French aerospace company Safran SA and several of its affiliates, arguing it has raised plausible claims of breach of contract and antitrust law violations.

  • December 11, 2017

    Exxon Seeks Quick Win Over $337M Refund In IRS Tax Spat

    Exxon Mobil Corp. on Friday asked a Texas federal court to grant it a partial victory in its battle with the IRS over $1.35 billion in taxes, saying the government wrongly denied it $337 million in refunds over its handling of a federal subsidy for blending alcohol with gasoline.

  • December 11, 2017

    Supreme Court Denies Petition Challenging Tax On Stored Gas

    The U.S. Supreme Court on Monday denied ETC Marketing Ltd.’s petition for certiorari, which sought review of a Texas Supreme Court decision that upheld an ad valorem tax on natural gas inventory stored in the state.

  • December 11, 2017

    Motorola Dodges Enhanced Damages On $9M Patent Verdict

    A Texas federal judge has ruled that Motorola Mobility LLC owes ongoing royalties to a communications company after the jury found it violated five patents related to voice quality, but declined to add enhanced damages to the existing $9 million award, saying Motorola’s conduct didn’t constitute bad faith.

Expert Analysis

  • 6 Months After TC Heartland, Adjusting To A New Landscape

    Nathan Speed

    The U.S. Supreme Court’s May 22, 2017, decision in TC Heartland, which overturned decades of accepted practice on how to evaluate the proper venue for patent litigation, has been lauded by some as ushering in a new era in patent litigation. Others — including some federal judges who have been applying TC Heartland — have found the decision to be much less significant, say Nathan Speed and Stuart Duncan Smith of Wolf Greenfield & Sacks PC.

  • Roundup

    Judging A Book

    Constance Baker Motley

    Are the latest books on the judicial system worth reading? Federal judges share their thoughts in this series of book reviews.

  • Don't Waste This Planning Cycle: Year-End Strategies

    Hugh A. Simons

    Law firms are businesses where partners operate with significant autonomy. To see their priorities translate into individual partner action, firm leaders should use a few collaborative strategies, suggests Hugh A. Simons, former senior partner of The Boston Consulting Group and former COO of Ropes & Gray LLP.

  • Deflating Uber's 'Puffery' Defense On Safety Claims

    Thomas Dickerson

    Uber and taxi companies in California, Texas and New York are debating whether Uber's use of words like "safe" and "safety" is misleading and deceptive or mere "puffery." Conflicting rulings from federal courts suggest litigation on this issue will continue, says retired New York State Supreme Court Associate Justice Thomas Dickerson.

  • From Snaps To Tweets: The Craft Of Social Media Discovery

    Matthew Hamilton

    Courts have consistently held that social media accounts are subject to established discovery principles but are reluctant to allow parties to rummage through private social media accounts. Recent case law confirms that narrowly tailored information requests get the best results, say Matthew Hamilton, Donna Fisher and Jessica Bae of Pepper Hamilton LLP.

  • An Interview With Former DHS Secretary Jeh Johnson

    Randy Maniloff

    Jeh Johnson, the former secretary of homeland security, was kind enough to let me visit him to reflect on his diverse career. He told stories that left me speechless. And yes, the man who was responsible for the Transportation Security Administration removed his shoes when going through airport security. You bet I asked, says Randy Maniloff of White and Williams LLP.

  • Series

    Judging A Book: Gilstrap Reviews 'Alexander Hamilton'

    Judge Rodney Gilstrap

    While Alexander Hamilton is the subject of a hit Broadway musical and renewed biographical examinations, professor Kate Brown takes us down a road less traveled in her book "Alexander Hamilton and the Development of American Law" — showing Hamilton as first, last and foremost an American lawyer, says U.S. District Judge Rodney Gilstrap of the Eastern District of Texas.

  • Deliberate Discovery Responses Shift Onus Onto Opponent

    Alexis Kellert

    In a recent ruling, the Fifth Circuit found that a plaintiff who failed to pursue discovery of withheld documents was not entitled to relief from summary judgment in favor of the defendant. Keeping discovery responses specific and narrow puts the onus on your adversary to follow up as cases develop, says Alexis Kellert of Weil Gotshal & Manges LLP.

  • The Case For Creating A Mediation Department At Your Firm

    Dennis Klein

    There are at least four reasons supporting the need for some form of a mediation group within a law firm, especially in firms with larger practices, according to Dennis Klein, owner of Critical Matter Mediation and former litigation partner at Hughes Hubbard & Reed LLP.

  • Post-Escobar Guardrails And Policy-Setting Relators

    Rebecca Martin

    The Fifth Circuit's decision in U.S. v. Trinity is the most recent addition to a remarkable run of appellate decisions affirming dismissal of False Claims Act cases on materiality grounds. Trinity, however, stands apart from the crowd in a number of ways, says Rebecca Martin of McDermott Will and Emery LLP.