• December 6, 2017

    Gilstrap Can't Erase Jury’s Patent Verdict, Fed. Circ. Hears

    A medical device maker urged a Federal Circuit panel in oral arguments Wednesday to restore a Texas federal jury’s original conclusion that claims of two spinal correction device patents were invalid, a finding erased by U.S. District Judge Rodney Gilstrap in what the company called an “unprecedented” Seventh Amendment violation.

  • December 6, 2017

    Shell Unit Broke Pact To Take Oil After Spill, Suit Says

    A Royal Dutch Shell PLC affiliate was hit with a lawsuit in Texas court Tuesday accusing it of breaching an agreement to accept crude oil deliveries from an All American Oil & Gas Inc. subsidiary following a pipeline rupture that spilled about 20,000 gallons of oil in California.

  • December 6, 2017

    Fed. Circ. Questions $133M ‘Taking’ Of Dallas Air Terminal

    A Federal Circuit panel on Wednesday had tough questions for both the government and particularly the leaseholders of a demolished Dallas airport terminal that won a $133.5 million judgment over the terminal’s closure, with at least one judge wondering how a “taking” could have occurred.

  • December 5, 2017

    Texas Justices Hear Murphy Satisfied Offset Well Requirement

    Counsel for a Murphy Oil Corp. subsidiary told the Texas Supreme Court in oral arguments Tuesday that an “offset well” clause in a pair of Eagle Ford Shale leases only required it to drill a test well, not to protect the oil and gas underlying the property in question from drainage.

  • December 5, 2017

    5th Circ. Restores Worker's Jury Win In Retaliation Suit

    A Fifth Circuit panel told a lower court Monday to reinstate a $107,100 jury verdict in favor of a former Jackson State University employee who said he was fired after testifying in support of a coworker's sexual harassment claims to the U.S. Equal Employment Opportunity Commission.

  • December 5, 2017

    Greyhound Hit With Suit Over Passenger's Death

    Greyhound Lines Inc. failed to ensure the safety of one of its passengers who was hit and killed in June by a Greyhound driver attempting to leave a truck stop without him, the passenger’s parents claimed Tuesday in Texas state court.

  • December 5, 2017

    Conoco Asks Texas Justices To Apply Perpetuities Rule

    Counsel for ConocoPhillips Co. and Burlington Resources Oil & Gas Co. LP told the Texas Supreme Court in oral arguments Tuesday that a lower appellate court “invented a legal fiction” when deciding an Eagle Ford Shale lease dispute and created uncertainty regarding legal title to the land.

  • December 5, 2017

    Prison Phone Rivals Reach Confidential Deal In IP Row

    Securus Technologies and Global Tel*Link have reached a confidential settlement to end their long-running infringement dispute over patents used in prison phone systems, according to a joint motion for dismissal filed Monday in Texas federal court.

  • December 5, 2017

    Landry's Finds Flaws In ESA Lawsuit Over Tigers' Treatment

    The Houston Aquarium restaurant and its parent company, Landry's Inc., urged a Texas federal judge on Monday to throw out an Endangered Species Act lawsuit over the treatment of four tigers on display at the downtown restaurant, saying the Aquarium is a highly regulated facility that provides humane care for its animals.

  • December 5, 2017

    KBR Moves To Nix Shareholder Suit Over Fraud Investigation

    KBR Inc. told a Texas federal court on Monday that it should throw out a proposed investor class action against the company, arguing the investors had not clearly identified any allegedly false or misleading statements KBR made related to a U.K. bribery and corruption investigation.

  • December 5, 2017

    MoFo Helps Defeat 2nd-Trimester Abortion Law In Texas

    Morrison & Foerster LLP helped abortion clinics and providers reach a pro bono victory in late November when a U.S. district judge ruled that a Texas law restricting the most common second-trimester abortion practice in the country is unconstitutional.

  • December 4, 2017

    Twitter, Facebook, Google Slip Suit Over Texas Shooting

    A California federal judge on Monday dismissed a Dallas police sergeant’s suit against Twitter, Facebook and Google alleging their websites helped radicalize a terrorist who killed five officers, ruling the sergeant didn’t show how terrorist groups used the sites to influence the shooting.

  • December 4, 2017

    Print Co. Wins Fees From 'Unreasonable' Patent Holder

    A Texas federal magistrate judge has awarded a print company attorneys’ fees and expenses after a patent holder “unreasonably” continued to litigate an infringement suit in an attempt to avoid having to cover such costs.

  • December 4, 2017

    High Court Won't Hear Texas Case Testing Obergefell Limits

    The U.S. Supreme Court on Monday declined to hear an appeal from the city of Houston in a case regarding benefits to the same-sex spouses of city employees, leaving in place a Texas Supreme Court decision that the high court’s Obergefell v. Hodges decision didn't necessarily guarantee a win for the city.

  • December 4, 2017

    Louisiana-Based Kean Miller Launches Houston Office

    Kean Miller LLP recently opened a new office in Houston, Texas, the firm’s first office outside of the state of Louisiana, that will focus on the energy industry, it announced Monday.

  • December 4, 2017

    Garmin's Atty Fees Bid Denied In Dropped Patent Suit

    Garmin International Inc. can’t collect attorneys’ fees after the owner of two patents on a product customization system dropped an infringement suit, according to a Texas federal court ruling on Friday that found the litigious patent owner hadn’t obviously filed the suit for extortion purposes.

  • December 4, 2017

    Prosecutor Accuses Texas County Of Racial Discrimination

    A former prosecutor with the Tarrant County, Texas, district attorney's office sued the county in state court Monday claiming she was consistently passed over for promotion because she is black.

  • December 4, 2017

    5th Circ. Won't Rehear Intervention Bid In Walmart Bias Case

    In a split decision Friday, the Fifth Circuit declined to rehear its decision stating that a lower court had the authority to hear a motion by female Walmart employees to intervene in a settled gender discrimination putative class action.

  • December 4, 2017

    Morgan Lewis Expands Health Care Practice In Houston

    Morgan Lewis & Bockius LLP continued to expand its health care and litigation teams with three partners and an of counsel to its Houston outpost, the firm announced on Monday.

  • December 4, 2017

    High Court's Cert Denials Include Same-Sex Benefits Case

    The U.S. Supreme Court on Monday turned away a trio of employment cases, including a closely watched suit over whether Houston can extend the same spousal benefits to city workers in same-sex and heterosexual marriages, and a former Bellagio employee's race and sex bias suit.

Expert Analysis

  • Perception Vs. Reality At Trial

    Martha Luring

    The long litigation life cycle for large, complex civil lawsuits provides ample time for clients and counsel to form strong opinions — often negative when based on adversarial exchanges — about the opposing trial team, their witnesses and their experts. Martha Luring of Salmons Consulting shares some common perceptions not always shared by jurors.

  • Proportionality, Not Perfection, Is What Matters

    John Rosenthal

    A few jurists and commentators have recently caused a stir in the e-discovery community by arguing that litigants should avoid using keyword searches to filter or cull a document population before using predictive coding. This “no-cull” rationale undermines the principle of proportionality at the heart of the recent changes to Federal Rule 26, say John Rosenthal and Jason Moore of Winston & Strawn LLP.

  • Mixed Enforcement Signals For FHA Mortgage Lenders

    Douglas Baruch

    Two significant events in the last several weeks are forcing Federal Housing Administration mortgage lenders to scratch their heads in assessing the government’s intentions when it comes to pursuing fraud cases under the False Claims Act and the Financial Institutions Reform, Recovery, and Enforcement Act, say attorneys with Fried Frank Harris Shriver & Jacobson LLP.

  • Make Way For The 'Unicorns'

    Lucy Endel Bassli

    By "unicorn" I don’t mean the next great tech startup with a valuation of $1 billion. I mean the new breed of lawyers realizing that there are better ways to get their day jobs done, says Lucy Endel Bassli, assistant general counsel leading the legal operations and contracting functions at Microsoft Corp.

  • Series

    Judging A Book: McConnell Reviews 'Unequal'

    Judge John McConnell

    As widespread claims of sexual misconduct continue to surface in the entertainment industry and beyond, a discussion of how judges treat workplace discrimination cases may be particularly timely. Here, U.S. District Judge John McConnell reviews the book "Unequal: How America’s Courts Undermine Discrimination Law," by professors Sandra Sperino and Suja Thomas.

  • Congressional Forecast: November

    Richard Hertling

    After months of talk, speculation and behind-the-scenes negotiations, the Republican tax reform proposal is expected to be released to the public this week. The stakes surrounding it are high; failure to pass the bill could put at risk Republican control of Congress in the 2018 elections, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • Roundup

    Making Pro Bono Work

    Pro Bono Thumbnail

    In this series, attorneys explore the challenges and rewards of pro bono volunteering in the legal profession.

  • Series

    Making Pro Bono Work: Building Sponsorship Relationships

    Michael Scudder

    Within their first year, associates should make it a priority to take on a pro bono matter and approach a partner about supervising the project. By collaborating with a partner on a pro bono case, young associates can cultivate sponsorship relationships while simultaneously contributing to the public good, say Michael Scudder and Jay Mitchell of Skadden Arps Slate Meagher & Flom LLP.

  • Trending In Telehealth: Behavioral Health Services

    Amy Lerman

    An increasing number of behavioral health care professionals are becoming more and more interested in using telehealth platforms to connect with their patients, and there is much new and updated guidance from states regarding the practice of providing such services in this space, says Amy Lerman of Epstein Becker & Green PC.

  • Series

    Making Pro Bono Work: Beyond The Hurdles

    Ann Warren

    There are various barriers to corporate pro bono work, including lack of malpractice insurance coverage, limited resources, and the transactional nature of the majority of in-house legal work. But at the end of the day, we’ve overcome many of these barriers, says Ann Warren, associate general counsel of Duke Energy Corp.