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  • August 3, 2018

    Texas Justices To Rule On Border Counties’ Taxation Question

    The Texas Supreme Court agreed Friday to take a case in which a chemical company is seeking judgment on jurisdiction to tax commercial piers and docks the company said have been subject to double taxation.

  • August 3, 2018

    Texas Atty Can't Send Malpractice Suit To Arbitration

    A federal judge in Rhode Island has rejected a Texas attorney’s attempt to force into arbitration a lawsuit filed by a couple alleging he mishandled their medical malpractice case, agreeing with a federal magistrate’s recommendation that an attorney representation agreement signed by the couple was not binding.

  • August 3, 2018

    Exxon, InterOil Want Texas Suit Over $2.5B Deal Dismissed

    Exxon Mobil Corp. has asked a Texas federal judge to throw out a proposed class action over its $2.5 billion acquisition of InterOil Corp., saying former InterOil stockholders' claims that they were misled into approving the transaction were already addressed by a Canadian court and the suit invokes a statute that does not apply to the claims.

  • August 3, 2018

    SEC Ends Exxon Climate Probe Without Charges

    As investigations by New York and Massachusetts attorneys general continue, the U.S. Securities and Exchange Commission on Thursday dropped its probe into Exxon Mobil Corp’s. climate change disclosures, the energy giant said. 

  • August 3, 2018

    JPMorgan's Damages Bill Cut From $4B To $7M In Estate Row

    A Texas probate judge chopped a $4 billion judgment against JPMorgan Chase & Co. to $7 million in a case alleging the bank had maliciously mishandled the inheritance of a deceased American Airlines executive.

  • August 3, 2018

    Taxation With Representation: Kirkland, Baker, Davies, Foley

    In this week’s Taxation With Representation, BHP Billiton LLP sells off oil and gas assets to BP and Merit Energy Co. for $10.8 billion, Fortive snaps up Genstar Capital portfolio company Accruent for $2 billion, and Brookfield Asset Management buys Enercare Inc. for $3.3 billion.

  • August 3, 2018

    5th Circ. Frees Texas State Agencies From Superfund Suit

    The Fifth Circuit has ruled that an environmental funding group cannot sue a group of Texas state agencies and universities for funding to clean up a Superfund site, finding the agencies and schools have sovereign immunity as arms of the state.

  • August 3, 2018

    Texas 'Frack Master' To Stay Behind Bars Until Fraud Trial

    The former CEO of Dallas fracking venture Breitling Energy and self-described "frack master" must stay in jail while awaiting trial, a federal judge ruled Thursday, calling his purchase of international plane tickets “remarkably suspect” and citing his lawyer mother’s recent exit from the country.

  • August 2, 2018

    Endo To Pay Texas $13M Over Off-Label Lidoderm Sales

    Endo Pharmaceuticals Inc. has agreed to pay Texas $13.25 million to settle whistleblower claims that it defrauded the state’s Medicaid program by advertising its pain medication Lidoderm for unapproved uses, according to the relators’ attorneys.

  • August 2, 2018

    Focus Brands Inks $200M Deal To Take Jamba Juice Private

    Private equity-backed Focus Brands Inc. has agreed to take the Texas-based owner of health food chain Jamba Juice private in a deal valued at roughly $200 million and steered by Paul Weiss Rifkind Wharton & Garrison LLP and DLA Piper, the companies announced on Thursday.

  • August 2, 2018

    Walmart Beats Insurer's Appeal In $1.7M Heater Fire Suit

    A Texas appeals court on Thursday affirmed that the property insurer for a Corpus Christi U.S. Postal Service office cannot seek to hold Walmart Inc. liable for $1.7 million in fire damage traced to a defective space heater allegedly sold by the retail giant, holding that the insurer’s suit fails under a state law shielding “innocent sellers” from product liability claims.

  • August 2, 2018

    Albertsons Says FCA Suit Makes Same Claims As Earlier Ones

    National grocery company Albertsons LLC has urged a Texas federal court to dismiss a suit claiming it submitted false claims to Medicare and Medicaid for various drugs, arguing the same allegations had already been brought up in previous cases, one by the current plaintiff.

  • August 2, 2018

    Startup Fights Paper's Bid To Unseal Records After $706M Win

    A data analytics startup has opposed a newspaper's bid to unseal court records from its $706 million trade secrets win over a Quicken Loans affiliate, saying the Texas statute used to seal the documents does not allow for interlocutory appeal.

  • August 2, 2018

    Texas Court Claims Immunity In Suit Over Assistant’s Firing

    The Texas Court of Criminal Appeals has asked a Texas federal court to toss a suit by a former employee alleging she was fired over her political posts on Facebook, arguing that the court has sovereign immunity and her posts were inappropriate for someone publicly associated with the court.

  • August 1, 2018

    Exec Hit With FCPA Charges For Venezuelan Bribe Scheme

    A Venezuelan-American businessman has been charged with Foreign Corrupt Practices Act violations for funneling hundreds of thousands of dollars in bribes to an official of Petroleos de Venezuela SA to secure contracts from the state-backed oil and gas company, prosecutors said Wednesday.

  • August 1, 2018

    Atty Fees Chopped By $1.6M In Energy Newsletter IP Suit

    A Texas federal judge has reduced by $1.6 million attorneys’ fees awarded to the publisher of an energy industry newsletter, ruling the publisher was not entitled to the original fee amount after it rejected a settlement offer from an advising firm it accused of distributing the newsletter without permission.

  • August 1, 2018

    Trucking Instructor Exempt From Arbitration, Court Says

    A Texas appeals panel has affirmed a lower court’s decision that a trucking company’s former orientation instructor qualifies as a transportation worker under the Federal Arbitration Act, thus exempting him from an arbitration pact and freeing him to pursue his age discrimination and retaliation lawsuit.

  • August 1, 2018

    TTAB Says Houston Distillery Can Register 'East End'

    The Trademark Trial and Appeal Board has ruled that a Texas distillery can register “East End” as a trademark for alcohol, ruling that the brand name is not simply descriptive of the eastern part of Houston.

  • August 1, 2018

    Enerpipe Not Liable For Worker's Accident: Texas Court

    A Texas appeals court panel on Wednesday affirmed a lower court's tossing of a man's negligence claim against Enerpipe Ltd., a pipeline construction company whose employee's car collided with his, finding there is no evidence the worker was performing tasks for the company when the accident happened, so the employer is not liable.

  • August 1, 2018

    JPML Won't Centralize 3 Separate Tribal Lender Cases

    The U.S. Judicial Panel on Multidistrict Litigation on Wednesday said that although allegations that a tribe-linked lender was used as a front to evade state usury laws are similar in three separate cases, they don't need to be centralized in Oklahoma federal court.

Expert Analysis

  • Modern Communication Brings E-Discovery Challenges

    Thomas Bonk

    As new communications platforms displace email, the legal industry is awkwardly grappling with complex e-discovery questions. Fortunately, this environment provides a very fertile ground of incentives for innovation in both e-discovery technology and service offerings, says Thomas Bonk of Epiq.

  • Opinion

    It's Not All About The Benjamins, Baby (Lawyer)

    J.B. Heaton

    Notwithstanding the latest salary war among prominent law firms, I urge my middle-aged and older colleagues to help the recent graduates we know focus on the long term. Even if the salary is the same, there is a big difference between an institutional firm and the relatively younger firms matching BigLaw, says J.B. Heaton, a University of Chicago business law fellow and former partner at Bartlit Beck.

  • Asbestos Transparency Laws Can Stop Double Recovery

    Scott Hunsaker

    Some asbestos plaintiffs have obtained full recovery from viable defendants and simultaneously, or later, recovered more money for the same injury from asbestos bankruptcy trusts established by those same entities. Recognizing this problem, more and more states are turning to asbestos transparency laws as a solution, say Scott Hunsaker and Karl Borgsmiller of Tucker Ellis LLP.

  • Series

    Judging A Book: Hood Reviews 'Lawyering From The Inside Out'

    Judge Denise Hood

    Law professor Nathalie Martin's new book, "Lawyering From the Inside Out: Learning Professional Development Through Mindfulness and Emotional Intelligence," can be of value to any lawyer aiming to achieve greater productivity, relieve the stress of the legal profession and focus on goals, says U.S. District Chief Judge Denise Page Hood of the Eastern District of Michigan.

  • Texas Hail Bill Is Already Affecting Insurance Litigation

    Christopher Avery

    Because Chapter 542A of the Texas Insurance Code, commonly known as the Hail Bill, does not apply retroactively, only a handful of cases have interpreted it. However, these decisions show that so far, the Hail Bill is requiring proper notice to claimants exactly as the Texas Legislature intended, says Christopher Avery of Thompson Coe Cousins & Irons LLP.

  • 3 Top E-Discovery Case Law Lessons Of 2018 (So Far)

    Casey Sullivan

    The blockbuster e-discovery cases, with big sanctions and bigger controversies, have been few and far between this year. But that doesn’t mean the legal questions around e-discovery have been answered. Let’s take a closer look at three cases worthy of our attention, says Casey Sullivan, an attorney at discovery technology provider Logikcull.

  • Opinion

    Law Schools Must Take A Stand Against Mandatory Arbitration

    Isabel Finley

    Later this week, Harvard Law students will begin bidding on interview slots with the nation’s top law firms. Our institutions owe it to their students not only to require firms to disclose mandatory arbitration provisions in new associate contracts, but also to bar employers from on-campus recruiting if they require these provisions, says Isabel Finley, a third-year student at Harvard Law School and president of the Harvard Women’s Law Association.

  • Renovation Exceptions Can Complicate Vacancy Exclusions

    Walter Cardwell IV

    Before relying on vacancy exclusions, Texas insurers should identify and investigate the scope of potential activities that might trigger a renovations exception, which could lead to a prolonged dispute, says Walter Cardwell IV of Zelle LLP.

  • Myths And Facts About Using TAR Across Borders

    John Tredennick

    Many legal teams involved in cross-border matters still hesitate to use technology assisted review, questioning its ability to handle non-English document collections. However, with the proper expertise, modern TAR can be used with any language, including challenging Asian languages, say John Tredennick and David Sannar of Catalyst Repository Systems.

  • The Path To Restitution After Lagos

    Shannon Murphy

    While the U.S. Supreme Court's decision in Lagos eliminated the traditional way that many corporate victims recouped investigation costs, there still may be ways for at least a subset of those costs to be recovered, say Shannon Murphy and Steven Grimes of Winston & Strawn LLP.