• October 10, 2017

    Texas Atty Hit With $120K Fee Award In Defamation Suit

    A disbarred Texas lawyer is on the hook for more than $120,000 in legal costs and fees accrued by a newspaper company he accused of defaming him in stories following a state Supreme Court finding of fraud in a $3 million Ford Motor Co. settlement.

  • October 10, 2017

    Exxon, Gov't Ordered To Deal With Docs In $1.35B Refund Row

    A magistrate judge in Texas declined Tuesday to rule on Exxon Mobil Corp.’s bid for the court to keep as confidential certain documents the oil giant submitted in its suit seeking $1.35 billion in tax refunds, ordering instead that the company hash it out with the U.S. government.

  • October 10, 2017

    Justices Deny Ex-Stanford Advisers' Arbitration Appeal

    The Supreme Court on Tuesday denied a petition from former financial advisers seeking to force arbitration from an alleged $7 billion Ponzi scheme run by R. Allen Stanford, turning down their bid to force arbitration with the funds receiver over $215 million.

  • October 10, 2017

    Allergan Ordered To Prove Tribe Patent Deal Isn’t A ‘Sham’

    Allergan Inc. needs to prove that its controversial transfer of four patents for the dry eye treatment Restasis to the Saint Regis Mohawk Tribe was more than a “sham” before the tribe can be added to infringement litigation against Teva, Mylan and others, a federal judge in Texas said.

  • October 10, 2017

    No-Show Suspended Atty Ordered To Pay $350K In SEC Case

    A noted patent lawyer from Texas who was accused by the U.S. Securities and Exchange Commission of scheming to steal from small business escrow accounts was ordered to pay $350,000 by a New York federal judge on Friday after he failed to contest the government’s claims.

  • October 6, 2017

    Insurer Wants Quick Win In Faulty Pipeline Coverage Dispute

    A Travelers unit on Friday urged a Texas federal court to quickly rule that it doesn’t have to cover steel pipe manufacturer Tex-Tube Co.’s costs to defend a lawsuit over an alleged defect in a section of a pipeline, contending that the underlying action doesn’t assert any claims for accidental property damage under the terms of Tex-Tube’s policy.

  • October 6, 2017

    Taxation With Representation: Stikeman, White, DLA, Dorsey

    In this week’s Taxation With Representation, Canadian grocery chain Metro agreed to shell out approximately $3.6 billion for a drugstore chain, Office Depot snapped up CompuCom Systems for about $1 billion, Carlisle Companies announced its intent to buy a polyurethane products company for $670 million, and a deal was struck to sell the Midland Basin’s largest privately held crude oil transportation system for $1.825 billion.

  • October 6, 2017

    Texas Justices Tackle 11th Circ.'s Discovery Rule Question

    The Texas Supreme Court on Friday agreed to review a certified question from the Eleventh Circuit tied to when the clock begins to run on a personal injury claim stemming from an allegedly defective product, in a Johnson & Johnson unit pelvic mesh suit.

  • October 6, 2017

    Red-Light Ticket Co. Can't Stop $130M Class Action

    Red-light ticketing outfit Redflex Traffic Systems Inc. can’t avoid a $130 million class action challenging the constitutionality of fining drivers through the use of stoplight traffic cameras, a Texas appellate court held Thursday.

  • October 6, 2017

    Enviros Want $6M In Fees From Exxon In $20M Pollution Row

    Environmental groups told a Texas federal judge Thursday that Exxon Mobil Corp. should pay about $6 million in attorneys’ fees and costs stemming from the thousands of hours of work and years of intense, hard-fought litigation that resulted in a nearly $20 million civil penalty against the oil giant.

  • October 6, 2017

    Energy Networking Site Creator Gets Year And A Day For Hack

    The creator of a Texas oil and gas industry professional networking website who sold the company for $51 million, then hacked in to steal information while launching a competitor, was sentenced to a year and a day in prison by a Manhattan federal judge on Friday.

  • October 6, 2017

    Texas Doctors Fail To Nix Malpractice Experts On Appeal

    A Texas appeals court has refused to toss a malpractice suit accusing two doctors of failing to test for or properly treat a woman suffering a heart attack, concluding the lower court rightly rejected objections to the woman’s medical experts.

  • October 6, 2017

    5th Circ. Sticks By $3M Exxon Contractor Coverage Ruling

    The Fifth Circuit will not rehear a case over who must pay a $3.3 million settlement Exxon Mobil Corp. reached with a subcontractor after he was severely burned in an accident, bringing an end to a contentious, yearslong suit that’s already been before the court twice.

  • October 6, 2017

    Texas Neurosurgeon’s Suit Over Hospital Suspension Tossed

    A Texas state appellate court on Thursday threw out a neurosurgeon’s suit claiming that the hospital where he worked suspended him and reported him to the Texas Medical Board after he complained about a fellow doctor, ruling that the hospital’s interactions with the board fell under protected speech.

  • October 5, 2017

    SEC Seeks $17M Disgorgement In Alleged Oil And Gas Fraud

    The U.S. Securities and Exchange Commission on Thursday urged a Texas federal court to order two California companies, their owner and two of his sales associates to fork over close to $17 million in proceeds from what the agency has alleged was a scheme that duped investors into buying interests in oil and gas limited partnerships.

  • October 5, 2017

    T-Mobile Sues Texas City Over Denied Telecom Project

    T-Mobile South LLC and Eco-Site LLC sued the city of Brownsville, Texas, and the Brownsville City Commission in Texas federal court on Wednesday over T-Mobile’s rejected application to construct a telecommunications facility on an undeveloped lot, saying the city’s denial was unlawful.

  • October 5, 2017

    Texas Energy Cos. Can't Block Rival's Atty Fee Win

    A Texas appeals court on Thursday affirmed a $280,000 attorneys’ fee award to Crawford Hughes Operating Co., rejecting arguments from a group of energy companies that formerly worked with Crawford that a trial court wrongly granted a new trial on the fee issue.

  • October 5, 2017

    Employees Take National Oilwell Racism Claims To High Court

    A group of African-American employees who accused National Oilwell Varco LP of race-based employment discrimination has asked the U.S. Supreme Court to review their case, alleging that comments and arguments made by NOV's counsel at trial were wrongly admitted and prevented them from getting a fair trial.

  • October 5, 2017

    5th Circ. Won't Ask Texas Justices To Weigh Asbestos Query

    The Fifth Circuit on Thursday refused to seek the Texas Supreme Court's guidance on whether asbestos claims fall under a standard pollution exclusion in a U.S. Fire Insurance Co. excess policy, leaving intact a ruling axing an order requiring U.S. Fire to pay another insurer $2.5 million to cover the cost of asbestos suits against a custom fabricator.

  • October 5, 2017

    5th Circ. Won't Lift Ex-Statoil Exec Injunction In IP Suit

    The Fifth Circuit on Wednesday declined to lift an injunction forbidding a former Statoil unit’s chief technology officer from using information and technology he is accused of stealing to help his own business venture, but agreed to fast-track his appeal of the injunction.

Expert Analysis

  • Locating Burden Of Proof When Patent Venue Is Challenged

    Duane-David Hough

    When venue is challenged, who bears the burden of proof in patent cases? It turns out the courts are sharply divided on this important issue, say attorneys with Mayer Brown LLP.

  • 5th Circ. Dismissal Signals End To Obama Overtime Regs

    Dale Hudson

    The Fifth Circuit's recent approval of the U.S. Department of Labor’s request to dismiss its appeal regarding the Obama administration’s revised overtime regulations likely indicates the end of the proposed amended rule. However, it appears probable that in due course the Trump DOL will issue new regulations that similarly expand those same Fair Labor Standards Act protections, say Dale Hudson and Jeffrey League of Nixon Peabody LLP.

  • Storm-Damaged Businesses Need Environmental 'Baselines'

    Kevin Daehnke

    What if, after a storm like Hurricane Harvey or Irma, a small business finds itself liable for hundreds of thousands (or even millions) of dollars of environmental contamination that spilled out during the storm? This is a very real concern for businesses that store and use chemicals, but there are ways to establish protections, says Kevin Daehnke of Daehnke Cruz Law Group LLC.

  • Economy Conditions Complicate Business Interruption Claims

    Vincent Morgan

    Business interruption claims are frequently the most difficult and hotly contested of insurance claims, and this is even more so in the aftermath of large-scale natural disasters like Hurricanes Harvey and Irma. One common dispute is whether the measurement of business interruption should take into account the post-loss area-wide economic conditions, say attorneys with Pillsbury Winthrop Shaw Pittman LLP.

  • The Role Legal Finance Can Play In Firm Year-End Collections

    Travis Lenkner

    Payment collection delays have caused law firms to seek new options, one of which is litigation finance. In this context, litigation finance can offer alternative avenues to firms as they approach the end of a fiscal year or partnership distribution dates, says Travis Lenkner of Burford Capital LLC.

  • Considerations For Competitors Collaborating Post-Hurricane

    Meytal McCoy

    Despite the unique and critical need for collaboration among competitors following Hurricanes Harvey and Irma and other natural disasters, these events are not an invitation for businesses to ignore antitrust laws, say Meytal McCoy and Jessica Michaels of Mayer Brown LLP.

  • How To Give Patent Clients A 'Get Out Of Texas' Card

    Jeremy Elman

    Following the U.S. Supreme Court's recent patent venue decision in TC Heartland, companies should take a fresh look at the Eastern District of Texas to put an end to forum shopping there, say Jeremy Elman and Robert Mallard of Dorsey & Whitney LLP​.

  • 'Per-Doc' Pricing Can Improve Document Review

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    Imagine going to a restaurant and ordering your steak medium-rare. The steak arrives burned. You expect the kitchen to bring you another one properly done, right? And you don’t expect to pay for two steaks, do you? Paying a vendor for document review should be no different, says Lisa Prowse, an attorney and vice president at e-discovery firm BIA Inc.

  • Opinion

    We Must Protect Consumers From Illegal Debt Collectors

    Maura Healey

    Companies are allowed to collect the money they are owed, but they cannot break the law or cheat people in the process. Some of the biggest players in the debt collection industry are not focused on getting it right, says Massachusetts Attorney General Maura Healey.

  • Preparing For Art-Related Claims After Hurricane Harvey

    Jamie Baker

    Texas insurers will face many new and challenging questions regarding Hurricane Harvey and art-related claims. Damage to fine art often involves unique claim facts due to the nature of the asset at risk, and there is a dearth of case law interpreting fine art insurance issues in general, says Jamie Baker of Thompson Coe Cousins & Irons LLP.