• June 20, 2017

    5th Circ. Agrees Texas Dental Regulation Unconstitutional

    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.

  • June 20, 2017

    Houston Bar Assoc. Sues To Shutter 'Fictitious' Law Firm

    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.

  • June 20, 2017

    5th Circ. Backs Hospital’s Quick Win In Age Bias Suit

    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.

  • June 19, 2017

    Justice Sotomayor On Working A Room And The Post-Scalia Void

    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.

  • June 19, 2017

    Ex-ArthroCare CEO Invokes Honeycutt In Fraud Dismissal Bid

    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.

  • June 19, 2017

    5th Circ. Says Prof At Axed Univ. Can't Argue Wrongful Firing

    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.

  • June 19, 2017

    Texas High Court Won't Hear $2M Train Derailment Row

    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.

  • June 19, 2017

    Vinson & Elkins Welcomes Back Litigation Partner In Houston

    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.

  • June 19, 2017

    Energy Industry Lessons As The Oil Price Slump Turns 3

    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.

  • June 19, 2017

    11 New Immigration Judges Sworn In At EOIR

    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.

  • June 19, 2017

    Whitestone REIT Nabs $80M Loan For Texas Property

    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.

  • June 19, 2017

    Hunton & Williams Keeps Win In Suit Over RE Investment

    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.

  • June 19, 2017

    Exxon Says AG Climate Probes Are Licenses To Persecute

    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.

  • June 19, 2017

    Celanese, Blackstone Team Up To Form Acetate Fiber Supplier

    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.

  • June 19, 2017

    Texas Justices Won't Revive Hospital's $10M Win Over Rival

    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.

  • June 16, 2017

    Texas High Court Nixes Suit Over Doc's Ouster

    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.

  • June 16, 2017

    Texas Gov. Wields Veto To Spike Water Quality Bills

    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.

  • June 16, 2017

    Texas High Court To Weigh Discovery Of Patent Agent Emails

    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.

  • June 16, 2017

    Texas Drops Nonprofit From Suit Over Sanctuary City Law

    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.

  • June 16, 2017

    Texas High Court To Hear ConocoPhillips' Royalty Dispute

    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.

Expert Analysis

  • Noncompete Agreements Under Siege At The State Level

    James Hammerschmidt

    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.

  • The Next Steps For Biometrics Legislation Across The US

    Justin Kay

    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.

  • My Milkshake Is Better Than Yours: Part 1

    Jill Dessalines

    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.

  • And Now A Word From The Panel: MDL Forum Selection

    Alan Rothman

    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 1st Amendment Right To Pass Through Fees — And Taxes

    Eric Tresh

    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.

  • Series

    Revisiting Affiliated Ute: And Its Limits In The 5th Circ.

    Susanna Buergel

    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.

  • Back To The Fourco: High Court's New, Old Patent Venue Test

    Brian Ferguson

    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.

  • Series

    Revisiting Affiliated Ute: Back In Vogue In The 9th Circ.

    Michele Johnson

    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.

  • Attorneys, Your Input Is Needed On Deposition Rule

    Frank Silvestri, Jr.

    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.

  • Series

    Revisiting Affiliated Ute: Impact In The 7th Circ.

    Julie Goldsmith Reiser

    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.