• February 14, 2017

    Texas Wants 5th Circ. To Review EPA’s Sulfur Dioxide Rule

    Texas asked the Fifth Circuit on Monday to review a U.S. Environmental Protection Act final action that found parts of the state had too much sulfur dioxide in the air, saying the agency’s move will cost the state money unnecessarily and is an example of regulatory overreach.

  • February 14, 2017

    Statoil Says Former Exec Stole Fracking Tech To Form Rival

    A Statoil unit sued its former chief technology officer for trade secrets theft in Texas federal court Monday, claiming he pirated proprietary fracking technology and had his wife file a patent application based on Statoil's confidential information.

  • February 14, 2017

    Cruz, Fellow Texan Unveil Bills To Kill CFPB

    Texas lawmakers Sen. Ted Cruz and Rep. John Ratcliffe on Tuesday introduced legislation that would eliminate the Consumer Financial Protection Bureau as pressure mounts within Congress and the Trump administration on the federal consumer finance watchdog.

  • February 14, 2017

    Home Depot Dodges $3.8M Lighting Contract Suit Once More

    A Texas federal judge on Monday once again granted Home Depot USA Inc.'s bid to nix a suit from a Chinese lighting manufacturer alleging the home improvement retail chain didn’t pay it for outdoor lighting, ruling that it failed to prove Home Depot benefited from fraud against the company.

  • February 14, 2017

    Judge OKs $24M In Atty Fees For $175M BP Deepwater Deal

    A Texas federal judge on Monday gave final approval to a $175 million settlement for a class of investors who reached a deal with BP PLC after accusing it of downplaying the magnitude of the Deepwater Horizon oil spill, awarding $24 million in fees and costs to attorneys representing the class.

  • February 14, 2017

    5th Circ. Won't Hear La. Frog Habitat Fight En Banc

    The Fifth Circuit’s vote not to rehear en banc an Endangered Species Act case involving the dusky gopher frog drew a spirited dissent on Tuesday from six judges who said that the panel had imitated the frog’s behavior — “playing dead and covering their eyes.”

  • February 14, 2017

    Texas Man Who Threatened AG With Terrorism Gets Prison

    A man who pled guilty to threatening Texas Attorney General Ken Paxton with terrorism unless his child support money was returned to him was sentenced Monday to two years in federal prison.

  • February 13, 2017

    Female Forklift Driver Tells Jurors Of Alleged Discrimination

    Former heavy equipment operator Bobbie Jean Sweetin, who has filed a sex discrimination lawsuit against her former employer, Grant Prideco LP, told jurors in federal court in Houston Monday that after getting passed over for promotions given to male colleagues repeatedly, she hit a breaking point.

  • February 13, 2017

    US Pulls Challenge Of Trans Bathroom Injunction Scope

    The federal government on Friday pulled its request for the Fifth Circuit to narrow the scope of a nationwide injunction blocking Obama administration guidance that allows students to use the restroom that matches their gender identity, a move advocacy groups said signals a change in the federal government’s approach toward LGBTQ rights.

  • February 13, 2017

    Paxton SEC Suit Doc Request Too Broad, Investor Group Says

    Members of an investment group involving Texas Attorney General Ken Paxton shot back Monday at his bid in a fraud lawsuit by the U.S. Securities and Exchange Commission to compel a number of documents related to their investments, saying the request is overbroad and would take too long to complete.

  • February 13, 2017

    Harness Dickey Hires Former ExxonMobil Patent Pro

    Intellectual property firm Harness Dickey on Friday said it hired a former ExxonMobil in-house attorney with experience handling patents for a research and engineering unit to join its Dallas metropolitan office.

  • February 13, 2017

    Cheniere Backs DOE Approval Of LNG Exports At DC Circ.

    Cheniere Energy on Monday urged the D.C. Circuit to nix challenges to the U.S. Department of Energy's approval of liquefied natural gas exports from its projects in Louisiana and Texas, saying there's no obligation to evaluate speculative climate change impacts caused by increased drilling from the projects.

  • February 13, 2017

    Texas Jury Slaps USAA With $1.8M Verdict In Hailstorm Claim

    A Texas jury has sided with a homeowner in his dispute with insurer USAA Texas Lloyd's Co. over a 2012 hail damage claim, finding that the company acted with malice in handling the $76,500 claim and slapping it with a nearly $1.8 million verdict.

  • February 13, 2017

    Samsung Settles Fight Over Media Delivery Patents

    Texas-based Personalized Media Communications LLC said Monday it reached a licensing agreement with Samsung Corp. that will resolve district court litigation and related Patent Trial and Appeal Board proceedings over several of its media delivery patents.

  • February 13, 2017

    IRS Won't Apply 5th Circ. Accounting Ruling For Farmers

    A Fifth Circuit ruling allowing a Texas rancher to use a preferred accounting method will not be applied to most other taxpayers in similar situations, the IRS said Monday.

  • February 13, 2017

    PE-Backed Fracker, 2 Retailers File IPOs Totaling $350M

    Two retailers and a fracking services company serving the oil and gas industry, all private-equity-backed, filed three initial public offerings late Friday with preliminary estimates totaling $350 million, bolstering the IPO pipeline.

  • February 13, 2017

    Mexican Pop Star Tells Justices Not To Hear Defamation Suit

    Mexican pop star Gloria Trevino Ruiz has urged the U.S. Supreme Court to decline taking up her case that accused two Mexico-based broadcasters of defaming her by rehashing sex-ring allegations from the 1990s, saying the broadcasters' certiorari petition mischaracterizes previous rulings.

  • February 10, 2017

    Google Hit With $20M Jury Verdict Over Malware Patents

    A Texas federal jury awarded an inventor and the family of his late partner $20 million in damages Friday, after finding Google had infringed on three of their patents for malware protection software.

  • February 10, 2017

    Texas Defeats NM Bid To End High Court Water Use Fight

    Texas has brought plausible claims New Mexico is overusing water governed by a 1938 state water-sharing agreement, and the United States should be allowed to intervene in the case to address treaty obligations to Mexico, a special master appointed by the U.S. Supreme Court recommended Thursday.

  • February 10, 2017

    Texas Hospital Gets Case Tossed On Deficient Expert Report

    A Texas appellate court on Friday dismissed wrongful death claims against a post-acute care hospital accused of leaving a gauze pad in a patient’s airway that caused her to suffocate, saying expert reports filed in the case didn’t identify the hospital as the wrongful actor.

Expert Analysis

  • Sue-per Bowl Shuffle: The Year In NFL IP Litigation — Part 2

    David Kluft

    Although NFL ratings may be down a bit this year, intellectual property lawsuits related to the NFL most certainly are not, says David Kluft of Foley Hoag LLP.

  • Gorsuch And The Future Of Class Action Waivers

    Ron Chapman Jr.

    The U.S. Supreme Court will soon consider whether the National Labor Relations Board can ban class action waivers in employment arbitration agreements. Assuming President Donald Trump's high court nominee, Judge Neil Gorsuch, is confirmed and participates in these cases, he could cast the deciding vote and break the five-year deadlock on the contentious issue, say attorneys with Ogletree Deakins Nash Smoak & Stewart PC.

  • Opinion

    The Myth Of The Forceful Mediator

    Jeff Kichaven

    When mediators rely on force to get cases settled, it doesn’t work. It’s time to suggest more productive ways for top-gun litigators and top-flight mediators to engage, says Jeff Kichaven of Jeff Kichaven Commercial Mediation.

  • Sue-per Bowl Shuffle: The Year In NFL IP Litigation — Part 1

    David Kluft

    I always worry about what will happen if someone at a Super Bowl party asks me to explain an NFL-related lawsuit, particularly one of those intellectual property lawsuits IP lawyers are supposed to know about. This article is my solution — a summary of gridiron IP disputes since the last Super Bowl, says David Kluft of Foley Hoag LLP.

  • Wind Power In Texas: Not Just Hot Air

    Cody Vasut

    Last fall, the U.S. Energy Information Administration reported that in 2015, Texas lagged far behind states in the Midwest, Plains, Northwest and Northeast regions in utilizing wind energy as a percentage of total net electricity generation. But Texas is still the highest wind electricity-producing state in the nation, making up 24 percent of the national total in 2015, and is on track to grow even further, says Cody Vasut of BakerHostetler.

  • Opinion

    Love And Law In The Age Of Trump

    Kevin Curnin

    Love is not a subject that lawyers typically devote themselves to professionally. But as we witness this historic transition to a new administration, lawyers in particular are reminded that love is tied, however imperfectly, to our cherished founding ideals, says Kevin Curnin, president of the Association of Pro Bono Counsel.

  • Addressing FLSA Emotional Harm Damages At 5th Circ.

    Katie K. Rudderman

    With its recent decision in Pineda v. JTCH Apartments, the Fifth Circuit joins the Sixth and Seventh Circuits in allowing emotional harm damages to winning Fair Labor Standards Act retaliation plaintiffs. Employers in such covered states and others should be cautious of potential FLSA retaliation claimants seeking expansive damages, says Katie Rudderman of Buchanan Ingersoll & Rooney PC.

  • The State Of The Litigation Finance Industry In 2017

    Christopher P. Bogart

    In the United States, the number of lawyers whose firms have used litigation finance has quadrupled since 2013. Even so, too many remain poorly informed, leaving them at a competitive disadvantage and prone to oddly persistent “alternative facts” about litigation finance, says Christopher Bogart, CEO of Burford Capital.

  • 11th Circ. Ruling May Affect Criminal Securities Fraud Cases

    David M. Chaiken

    The Eleventh Circuit's recent decision in U.S. v. Stein could hinder efforts to limit loss estimates in fraud-on-the-market criminal securities fraud cases. The case cemented a firm 5-3 majority circuit split that will undoubtedly weigh heavily on judges who will be confronted with this issue in the four circuits that have yet to address it, say attorneys with Troutman Sanders LLP.

  • A Look At Post-Alice Rule 12 Motions Over The Last 2 Years

    Edward L. Tulin

    The use of Rule 12 motions by defendants facing infringement claims based on computer-based subject matter is likely here to stay. But now that there have been hundreds of post-Alice decisions resolving such motions, several guiding principles for both plaintiffs and defendants have emerged, say Edward Tulin and Leslie Demers of Skadden Arps Slate Meagher & Flom LLP.