Texas

  • February 10, 2017

    Payments Co. Can Pursue Bid To Collect $4.5M Judgment

    A New York payment processing company persuaded a Texas federal judge Thursday to throw out several defenses by a judgment-shirking attorney and his alleged network of shell companies, with the court concluding that it had personal jurisdiction even though none of the parties resides in Texas.

  • February 10, 2017

    EEOC Settles Suit Over HIV-Positive Health Worker's Firing

    The U.S. Equal Employment Opportunity Commission has reached a settlement with a Texas health center ending a suit alleging a nursing assistant was wrongly terminated because of his HIV-positive status, according to a recent filing in Texas federal court.

  • February 10, 2017

    Union Pacific West Nile Bite Appeal Taken To High Court

    A Union Pacific Railroad Co. employee who alleges he was infected with West Nile virus on the job because of the railroad's failure to provide a safe working environment has urged the U.S. Supreme Court to review the case, arguing that a split between state supreme courts must be resolved.

  • February 10, 2017

    1st-Offender Pardon Can Block Naturalization, 5th Circ. Says

    The Fifth Circuit on Thursday affirmed a district court decision upholding the U.S. Citizenship and Immigration Service’s denial of a women’s naturalization application, saying the lower court did not err in finding that she had not received a “full and unconditional executive pardon” of her conviction for an aggravated felony.

  • February 10, 2017

    Argentine Energy Co. Says $10M Award On Apache Is Binding

    Argentine energy giant YPF SA blasted oil and gas exploration and production company Apache Corp. on Thursday for trying to dodge a $9.9 million award in favor of YPF, telling a Texas federal judge that the parties agreed that whatever independent accountants came up with during arbitration would be “final and binding.”

  • February 10, 2017

    DOJ Moves To Foreclose On Wyly Widow’s Dallas Home

    The U.S. Department of Justice asked a Texas federal court on Thursday to let it foreclose on Caroline Dee Wyly’s $8 million Dallas home, the latest move in a yearslong fraud and tax-avoidance case that’s entered a new phase since Wyly’s bankruptcy proceeding was converted to Chapter 7 in November.

  • February 10, 2017

    Dorsey Opens Dallas Office With 5 Schiff Hardin Attys

    Dorsey & Whitney LLP announced Thursday it has opened a Dallas office with five attorneys from Schiff Hardin's closing branch in the city, practicing in the areas of mezzanine finance, private equity, corporate finance, mergers and acquisitions, and securities.

  • February 10, 2017

    5th Circ. Won't Review Auto Parts Store's BP Relief Bid

    A Louisiana federal court was within its right not to review whether an unnamed auto parts and accessories store can pass itself off as a tourism business when seeking relief from settlements tied to BP PLC’s Deepwater Horizon oil spill, the Fifth Circuit ruled Thursday.

  • February 10, 2017

    Match CEO Nixes NY Taxes, Penalties Based On Dallas Move

    Match.com's CEO is off the hook for hundreds of thousands of dollars in New York state taxes and penalties after a state Division of Tax Appeals decision made public Thursday held that his real home during the years in question was in Dallas, not Manhattan.

  • February 10, 2017

    5th Circ. Dismisses Trans Prof's Bathroom Rule Appeal

    The Fifth Circuit on Thursday dismissed a transgender professor’s appeal of a Texas federal judge’s nationwide block on an Obama administration directive allowing students to use restrooms that match their gender identity, finding that she isn’t a party to the case and thus isn’t allowed to appeal.

  • February 10, 2017

    El Paso Hospital Pays $860K To Settle FCA Kickback Claims

    An El Paso, Texas, hospital has agreed to pay $860,000 to the federal government to settle allegations of False Claims Act violations related to the payment of kickbacks to a physician, according to the U.S. Department of Justice, which announced the deal Thursday.

  • February 10, 2017

    Taxation With Representation: Vinson, Bracewell, Debevoise

    In this week’s Taxation With Representation, Parsley Energy in Texas makes its biggest expansion to date with the acquisition of $2.8 billion of oil and gas assets, private equity shop Clayton Dubilier & Rice enters into a $2.3 billion sale of Mauser Group, and CyrusOne Inc. acquires two data centers for $490 million.

  • February 9, 2017

    Oil Co. Argues Justices Should Revive $95M Eagle Ford Win

    Longview Energy Co. urged the Texas Supreme Court Thursday to reinstate a $95 million award it won after a jury found that two of its directors, appointed by a private equity fund, had usurped the company’s opportunity to invest in Eagle Ford shale property.

  • February 9, 2017

    Trump Faces Longer Odds To Ax Fiduciary Rule After DOL Win

    The Trump administration will need to build a robust administrative record if it wants to convince the public and courts a full-scale repeal of the new fiduciary rule for retirement account advisers is justified and not merely a political about-face, experts said, after a Texas federal judge on Wednesday issued the third lengthy opinion endorsing the U.S. Department of Labor's original analysis.

  • February 9, 2017

    Former Sutherland Partners Open Their Own Firm In Houston

    Two former Sutherland Asbill & Brennan LLP senior partners announced Thursday they have opened their own firm in Houston, Johnson Garcia LLP, that will exclusively focus on the recovery of damages for businesses and individuals in complex business and personal injury disputes.

  • February 9, 2017

    Campus Cops Get New Shot At Bookstore Theft Cover-Up Suit

    A Texas appellate court on Wednesday revived a whistleblower suit brought by three police officers against the Collin County Community College District, holding that a lower court had wrongly given the college an early win without the institution conclusively establishing it didn't retaliate against the officers.

  • February 9, 2017

    Koch Ranch Tells 5th Circ. Damages Award Should Be Tossed

    A Colorado ranch owned by billionaire Bill Koch on Wednesday urged the Fifth Circuit to toss an award against it in a long-running dispute with a Texas cattle breeder over who has the rights to sell the company's specialty “Akaushi” Japanese cattle, arguing a point of Texas law.

  • February 9, 2017

    Insurance Agency Settles $7M Trade Secrets Row Before Trial

    Texas sports medicine insurance agency Orchestrate HR Inc. has settled, just before trial, its $6.6 million defamation and trade secrets suit against a New Jersey rival that hired a former Orchestrate employee.

  • February 9, 2017

    Texas, Tribe Square Off Over Electronic Bingo

    The Alabama-Coushatta tribe of Texas and the state traded blows in federal court filings on Wednesday over how to classify electronic bingo, as the tribe seeks to lift a long-standing injunction blocking it from offering the game on its reservation.

  • February 9, 2017

    Energy Cos. Unnerved By Trump's Mexico Border Tax Talk

    President Donald Trump's recent vow to impose import taxes on Mexican goods to pay for a border wall is stoking concerns among energy firms that have cashed in on increasing Mexican demand for U.S. natural gas and petroleum products, and could chill new investment in cross-border infrastructure if Trump follows through on his threat, experts say.

Expert Analysis

  • Inside The Injunction Blocking ACA Nondiscrimination Rule

    Lisa M. Campbell

    In Franciscan Alliance v. Burwell, a Texas federal court recently issued a preliminary injunction preventing the U.S. Department of Health and Human Services from enforcing certain provisions of its final rule prohibiting specific types of discrimination in health programs or activities. The case is of particular interest because of its national impact, say Lisa Campbell and Tamara Killion of Groom Law Group.

  • Regulating Unprotected Texas Groundwater: The Final Frontier

    Vanessa Puig-Williams

    During a time of unparalleled pressure on groundwater resources across Texas, the lack of groundwater protection in some areas of the state is undermining important areas of law and policy. However, while a lack of groundwater regulation causes a number of inequities and management dilemmas, existing state regulations have their own share of controversies as well, says water and conservation law attorney Vanessa Puig-Williams.

  • 6 Ways To Get More From A Limited Budget For Trial Graphics

    Marti-Martin-Robinson.jpg

    With so many possibilities and variables, it can be difficult to adhere to a strict graphics budget when preparing effective visuals for trial. There are several things you can do to limit the cost of your visuals without sacrificing quality, says Marti Martin Robinson of Litigation Insights Inc.

  • Late Innings: Top Enviro Decisions From Final Days Of 2016

    Anthony B. Cavender

    December 2016 saw several major environmental decisions made by federal and state courts. Anthony Cavender of Pillsbury Winthrop Shaw Pittman LLP offers insight into these important cases and the impact they could have in 2017 and beyond.

  • Blaming Online Platforms For Violence Is Likely To Fail

    Seth D. Berlin

    Recently, the families of victims killed by violent criminals have filed several lawsuits against internet powerhouses like Google, Twitter and Facebook, alleging that the platforms should be held responsible. These claims will probably be rejected due to federal statutory immunity, the First Amendment and common law requirements for establishing tort liability, say Seth Berlin and Steven Zansberg of Levine Sullivan Koch & Shulz LLP.

  • The Outlook For M&A In Southeastern US

    David Stockton

    Attitudes of businesses in the southeastern U.S. are increasingly positive, building on strong macro factors already in place. The biggest impediment to stronger M&A activity may be these same positive attitudes and the incentive they create to stay the course rather than sell, says David Stockton of Kilpatrick Townsend & Stockton LLP.

  • Analyzing The Legality Of Proposed Sanctuary City Measures

    Leon Fresco

    The 115th Congress began by introducing bills aimed at defunding sanctuary cities in both the Senate and House, efforts consistent with President Donald Trump’s recent executive order, which aims to cancel federal funding to sanctuary cities. However, such action is likely to lead to a showdown in Congress and in the federal courts over a variety of constitutional, federal and administrative legal issues, say attorneys at Holland & Knight LLP.

  • More And More States Are Targeting Payroll Debit Cards

    Caroline J. Berdzik

    It has become increasingly prevalent for employers to pay their employees with payroll debit cards due to the benefits to both employers and employees. However, despite these mutual benefits, many states have enacted legislation that may potentially curtail the use of these cards to pay wages, says Caroline Berdzik of Goldberg Segalla LLP.

  • Vessel Owners' Duties To Longshoremen Only Go So Far

    Hansford Wogan

    In Abston v. Jungerhaus Maritime Services, the Fifth Circuit recently held for a vessel owner against a longshoreman injured on the job during heavy rainfall. As the court noted, a vessel owner must exercise reasonable care to prevent injuries in areas under "active control of the vessel," but the owner often relinquishes control to contractors for loading or unloading, says Hansford Wogan of Jones Walker LLP.

  • When 1 Progressive Loss Ends And Another Begins

    William C. Kolb

    In Temperature Service v. Acuity, the Northern District of Illinois recently addressed property insurance claims for damage progressing over the course of multiple policy periods. This decision reiterates that in certain jurisdictions it is possible for progressive loss from a common cause to "commence" more than once for coverage purposes, say William Kolb and Michael Silvestro of Skarzynski Black LLC.