A Fifth Circuit panel on Monday affirmed a lower court’s decision that it is unconstitutional to prevent dentists from advertising as specialists in areas not recognized as specialties by the American Dental Association, saying the advertising is protected by the First Amendment and the Texas State Board of Dental Examiners didn’t adequately prove a need for the restriction.
The Houston Bar Association and the Houston Bar Foundation filed a lawsuit Monday against what it told the court was a “fictitious” Houston-based estate planning and probate law firm that has set up a “sham” website to defraud elderly individuals in the United States and Canada.
A Fifth Circuit panel on Monday upheld a quick win given to a Mississippi health care provider in a suit from a former employee who claims she was terminated because of her age, saying a reasonable factfinder wouldn’t return a judgment for her regarding her claim of age discrimination.
Justice Sonia Sotomayor discusses the one thing she hates seeing at oral arguments, why diversity matters on the federal bench, and her habit of embracing audience members at live talks, in the first of two articles based on an exclusive interview with the 111th justice.
A former chief executive at ArthroCare Corp. facing retrial in a securities fraud case has told a Texas federal judge that the way the Supreme Court defined obtaining property in its recent Honeycutt v. U.S. ruling militates for dismissal of a wire fraud charge.
The Fifth Circuit has upheld a district court's dismissal of wrongful termination claims brought by a tenured professor at the University of Texas-Pan American after the school was dissolved, saying the rights to employment the professor had at that university do not transfer to another school.
The Texas Supreme Court on Friday declined to review a lower court’s decision to cut $2 million a jury had awarded as lost profits damages in a train derailment dispute, after the train car owner argued the award was backed up by the evidence.
Vinson & Elkins LLP welcomed back on Monday a commercial trial attorney with more than three decades of experience working in a diverse range of areas including environmental and product liability litigation from Schick & Copeland, a boutique firm that handles litigation, as a partner in its Houston office.
Three years ago, oil prices were in the neighborhood of $110 a barrel. Today, they struggle to hit $50. Here, energy attorneys identify the lessons they hope the industry has learned from a long slump that sent scores of oil and gas companies into bankruptcy and largely froze major deal-making and development until a recent modest thaw.
The Executive Office for Immigration Review has sworn in 11 new immigration judges who will be hearing cases in California, Florida, Georgia, Illinois, Louisiana, New Jersey, Texas, Utah and Virginia, the immigration agency announced on Friday.
Whitestone REIT has secured an $80 million loan to fund the purchase of nearly 217,000 square feet of retail and office space and nearly 1.5 acres of land in Houston ready for development, Holliday Fenoglio Fowler LP announced Monday.
A Texas appellate court on Friday affirmed dismissal of claims a Hunton & Williams LLP partner and one of the firm’s clients defrauded another client by persuading him to trade condominium interests worth $2 million for a stake in a startup investment firm that went bust.
Granting bids by the attorneys general of Massachusetts and New York to dismiss Exxon Mobil Corp.'s suit seeking to quash their climate change probes would give state officials the green light to go after political opponents without any oversight from the federal courts, Exxon told a New York federal judge on Friday.
Texas-based specialty materials company Celanese Corp. said Sunday it will form a joint venture with the Blackstone Group LP in a deal that will see both companies contribute a business to the acetate tow venture and Celanese nab a $1.6 billion payment.
The Texas Supreme Court on Friday denied a request from Lake Travis Transitional LTCH LLC to review a lower court's decision reversing a $7.9 million jury verdict in its favor stemming from a breach of contract lawsuit with another hospital.
The Texas Supreme Court on Friday handed a win to a hospital operator that had been sued by a cardiovascular surgeon over his termination, ruling the hospital operator didn't have to prove its reasons for firing him because the contract allowed him to be fired without cause under certain circumstances.
Texas Gov. Greg Abbott on Thursday vetoed a handful of environmental protection bills passed by state lawmakers, blocking legislative proposals aimed at reducing water pollution, promoting the use of brackish groundwater and cleaning up abandoned water wells.
The Texas Supreme Court on Friday granted review in a case that asks whether the state extends attorney-client privilege to registered patent agents who communicate with clients in the context of patent prosecutions.
The state of Texas announced on Friday that it is voluntarily dismissing the Mexican American Legal Defense and Educational Fund from preemptive litigation over the state’s Senate Bill 4, which essentially bans so-called sanctuary cities that don’t cooperate with federal immigration enforcement.
The Texas Supreme Court on Friday agreed to hear oral arguments in a case where ConocoPhillips Co. argues a lower appellate court “invented a legal fiction” in deciding an Eagle Ford Shale oil and gas lease dispute, creating uncertainty regarding legal title to the land.
Compared with many other areas of employment law, the law of noncompetition agreements has been relatively static. More recently, however, many states have turned their attention to noncompetes and considered significant changes in how they are used and enforced, say attorneys with Paley Rothman.
This month, Washington became the third state after Illinois and Texas to enact its own legislation generally governing the collection, use and retention of biometric data. As biometric information becomes more commonplace, there appears to be a renewed focus on the Illinois law, as well as a new impetus in other states to pass similar laws, say Justin Kay and Brendan McHugh of Drinker Biddle & Reath LLP.
As I sat there listening, incredulous to learn that "Milkshake" was not only a real song but also a chart-topper, it reminded me of Harvard Business School Professor Clayton Christensen’s work on disruptive innovation — and how it pertains to mid-size law firms, says Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant general counsel of McKesson Corp.
In the latest installment of his column on the Judicial Panel on Multidistrict Litigation, Alan Rothman of Arnold & Porter Kaye Scholer LLP takes a closer look at how the panel decides to exclude a potentially related action from a new MDL proceeding, and at how the panel deals with forum selection clauses in contracts between parties in multidistrict claims.
The U.S. Supreme Court recently ruled that a New York statute that prohibits identifying a surcharge for credit card users regulates speech and is therefore subject to heightened scrutiny. The impact on how businesses collect or seek reimbursement for the costs of state and local taxes from their customers could be significant, say Eric Tresh and Alla Raykin of Eversheds Sutherland.
Given the perceived higher hurdles to class certification, it is likely that counsel for plaintiffs in securities cases will seek to recharacterize their claims as omission claims to take advantage of the 45-year-old Affiliated Ute presumption. In the Fifth Circuit, that will be a challenging task, say attorneys with Paul Weiss Rifkind Wharton & Garrison LLP.
For nearly 30 years, courts have liberally construed the patent venue statute. But no more — on Monday the U.S. Supreme Court reinstated its 1957 Fourco interpretation of the statute. This decision in TC Heartland will have a profound and immediate impact on patent litigation, say Brian Ferguson and Rahul Arora of Weil Gotshal & Manges LLP.
While there are still very few district court decisions within the Ninth Circuit to have analyzed the relationship between the Affiliated Ute and the fraud-on-the-market presumptions of reliance since the U.S. Supreme Court’s 2014 Halliburton decision, plaintiffs are increasingly attempting to plead both theories, as demonstrated by several recent decisions, say Michele Johnson and Colleen Smith of Latham & Watkins LLP.
Every lawyer who’s handled a civil case in federal court knows about Rule 30(b)(6), governing deposition procedures. But for many real-world deposition dilemmas, the rule offers little guidance. Last year, an Advisory Committee on Civil Rules subcommittee began considering whether the rule should be amended. Now attorneys must advise the subcommittee how to proceed, says Frank Silvestri Jr. of Verrill Dana LLP.
In the 45 years since the U.S. Supreme Court's ruling in Affiliated Ute, the Seventh Circuit has cited it 145 times. The most significant of these decisions was the court's rejection of the “fraud created the market” theory as an extension of Affiliated Ute, says Julie Goldsmith Reiser of Cohen Milstein Sellers & Toll PLLC.