Texas

  • January 13, 2017

    Texas Nursing Home Can't Ditch Suit Over Substandard Care

    A Texas appeals court on Thursday refused to throw out a medical malpractice suit accusing a nursing home of being responsible for a patient's dehydration and infections that contributed to her death, rejecting the home's argument that the plaintiff had submitted flawed expert testimony.

  • January 13, 2017

    Gardere Welcomes 5 Attys In Texas, Colo. Offices

    Gardere Wynne Sewell LLP added partners to its corporate and bankruptcy practice groups in Dallas, along with a senior counsel with expertise in advising startups, a senior attorney focusing on restructuring and a supply network associate, the firm announced Thursday.

  • January 13, 2017

    Manufacturer Group OK’d To Fight IRS Anti-Inversion Rule

    Despite objections from the IRS, the National Association of Manufacturers got the green light from a Texas federal judge Thursday to fight a recent anti-inversion rule and argue that the agency violated its legal obligations to solicit public comments.

  • January 13, 2017

    Manufacturer Asks Texas High Court To Cut Contempt Order

    A baking soda manufacturer and a wholesaler are facing off in the Texas Supreme Court over whether the manufacturer was wrongly held in contempt for violating a temporary restraining order by directly soliciting a customer’s business.

  • January 13, 2017

    WorldLink Gets Arbitration Coverage Fight Booted From Mich.

    A Michigan federal judge on Friday tossed an insurer’s suit against staffing agency ADI WorldLink LLC seeking to escape coverage obligations related to WordLink’s arbitrations with employees, saying the suit belongs in Texas.

  • January 13, 2017

    Life Partners Investors Want Goodman & Nekvasil DQ'd

    The investors who are class-action plaintiffs in an adversary case in the Life Partners Holdings Chapter 11 told a Texas bankruptcy judge on Thursday to disqualify and sanction Goodman & Nekvasil PA because the firm sent out solicitation letters to Life Partners investors and lied to the court about it.

  • January 13, 2017

    5 Texas Insurance Battlegrounds In 2017

    Courts in the Lone Star State have a busy year ahead, with the Texas Supreme Court set to weigh the scope of its landmark ruling that an insured's damages must result from a fully adversarial trial and a federal appellate court preparing to grapple with issues relating to policy exhaustion and the proper trigger of coverage. Here, Law360 looks at five insurance cases that have grabbed attorneys' attention in Texas.

  • January 13, 2017

    Kirkland Reps Blackstone JV In $2.3B South Texas Shale Deal

    Blackstone’s energy-focused private equity business and Sanchez Energy Corp. said Wednesday they’ve teamed up in a 50-50 partnership to buy Anadarko Petroleum Corp.’s working interest in a South Texas oil and gas shale play for $2.3 billion in a deal guided by Kirkland & Ellis LLP.

  • January 13, 2017

    DOL Taking Block Of Persuader Rule To 5th Circ.

    The Department of Labor is appealing a November decision permanently blocking a controversial rule requiring businesses that ask for advice on responding to union campaigns to report when they do so, according to an appeal notice filed Thursday with a Texas federal court.

  • January 13, 2017

    High Court Will Resolve Class Action Waiver Battle

    The U.S. Supreme Court on Friday agreed to consider whether the National Labor Relations Board is correct in its interpretation that arbitration agreements are illegal under federal labor law if they contain class action waivers, setting the stage for a showdown on an issue that has divided circuit courts.

  • January 13, 2017

    Real Estate Rumors: Hines, High Times, Trump Tower

    Hines Interests has reportedly pre-leased 15,000 square feet at a Houston trophy tower to Russell Reynolds, pot magazine High Times is said to be leaving New York for Los Angeles, and the Trump International Hotel & Tower Toronto is for sale and could fetch $227 million.

  • January 13, 2017

    Hicks Thomas Adds 6 Attys, 2 Offices In Texas Expansion

    Texas-based commercial litigation firm Hicks Thomas LLP announced this week that it will be expanding, opening offices in Austin and Beaumont, which coincides with the addition of veteran trial lawyer Jay Old and five more attorneys to the firm.

  • January 12, 2017

    DaVita, Fresenius Win Temporary Block Of HHS Rule Change

    A Texas federal judge on Thursday put a temporary block on a new U.S. Department of Health and Human Services rule set to take effect Friday requiring dialysis providers such as DaVita Inc. and Fresenius Medical Care to make certain disclosures about third-party premium assistance, court filings show.

  • January 12, 2017

    Shorted Attys Can't Force Hunt Heir's Home Sale, Judge Says

    A Texas federal judge said Thursday that a Hunt Petroleum Corp. heir who owes millions in legal fees shouldn't be forced to cooperate with plans to sell his Atlanta home, finding that that the two law firms seeking payment didn't demonstrate an emergency need.

  • January 12, 2017

    Noble Asks Texas Justices To Nix $63M Conoco Indemnity

    Noble Energy Inc. on Thursday told the Texas Supreme Court it’s wrongly on the hook to ConocoPhillips Co. for $63 million in environmental cleanup costs under an indemnity agreement a predecessor company didn't know existed when it bought property.

  • January 12, 2017

    BP Fights To Keep Drilling Rights On Texas Ranch

    A BP unit told the Texas Supreme Court on Thursday the company had been wrongly ousted from natural gas wells on a 2,000-acre ranch because of flawed jury findings that the wells were no longer capable of producing enough gas to maintain BP’s leases.

  • January 12, 2017

    Texas Justices Told Damages For Ranch Hand Are Too High

    When a lower court allowed a ranch hand bringing a malicious prosecution case to be awarded more than $1 million in exemplary damages on $10,700 in actual damages, it violated the state constitution, the Texas Supreme Court heard in oral arguments Thursday.

  • January 12, 2017

    Norton Rose Fulbright Atty Launches Solo Arbitration Practice

    A Norton Rose Fulbright attorney who has written widely on international arbitration and the lack of women on many arbitral tribunals said Thursday that she will leave her firm and start an independent arbitration practice.

  • January 12, 2017

    Greenberg Traurig Nabs Energy Trio From Shannon Gracey

    Greenberg Traurig LLP has strengthened its office in Austin, Texas, by snagging two shareholders and an associate from the shuttered Shannon Gracey Ratliff & Miller LLP who add decades of experience to the firm’s energy and commercial litigation practices, the firm announced Wednesday.

  • January 12, 2017

    Kudelski Group Hits NFL With Digital Content IP Suit

    A California subsidiary of the Swiss digital security company Kudelski Group hit NFL Enterprises LLC with a lawsuit in Texas federal court Thursday, accusing the sports media giant of infringing seven of its patents related to video streaming and security software, including one patent for a PIN function on the NFL website.

Expert Analysis

  • 2016 Environmental Case Law Highlights: Part 1

    Anthony B. Cavender

    In part 1 of his three-part review of 2016's most significant environmental cases, Anthony Cavender of Pillsbury Winthrop Shaw Pittman LLP analyzes decisions from the U.S. Supreme Court and the D.C., First, Second, Third and Fourth Circuits, noting, among other observations, the unusual number of Endangered Species Act cases decided by the D.C. Circuit.

  • 2016 Kept Employers On Their Toes, Expect The Same In 2017

    Debra S. Friedman

    There was no shortage of action in the world of labor and employment law in 2016. Looking back on the year behind us, several areas in particular emerge as significant, both because of what happened in 2016 and what those developments will mean as we look toward 2017 and beyond, say attorneys at Cozen O'Connor PC.

  • 5 Ways To Fight Costlier Legal Malpractice Claims In 2017

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    There are a number of concrete, practical steps that law firms can take to address the high cost of defending legal malpractice claims, both before and after a claim is made, says Richard Simpson, a partner with Wiley Rein LLP who serves on the ABA Standing Committee on Lawyers’ Professional Liability.

  • Backpage Dismissal Does Not Solve Websites’ Woes

    Ariel A. Neuman

    While the California court’s ruling in the Backpage.com case bolsters the weight of precedent favoring expansive immunity under Section 230 of the Communications Decency Act, an existing exception ensures that innovative plaintiffs lawyers and state prosecutors will continue to advance novel theories of website operator liability, say Ariel Neuman and Julian Burns of Bird Marella Boxer Wolpert Nessim Drooks Lincenberg & Rhow PC.

  • State AGs May Turn Up Enforcement Under Trump

    Joseph W. Jacquot

    With the incoming Trump administration, regulatory and enforcement priorities will likely change, but if federal agencies scale back their consumer protection efforts, attorneys general can be expected to pick up the slack, says Joseph W. Jacquot of Foley & Lardner LLP.

  • Building Momentum For The Pay Equity Movement In BigLaw

    Stephanie A. Scharf

    A decade’s worth of multiple bar association initiatives, conferences, corporate law summits, detailed research reports and opinion pieces on the pay gap has seemingly fallen on the deaf ears of BigLaw. However, recent events presage substantial movement toward pay equity in law firms, say Stephanie Scharf of Scharf Banks Marmor LLC, Michele Coleman Mayes, general counsel for the New York Public Library, and Wendi Lazar of Outten & Golden LLP.

  • Are You Prepared For A 'Post-Fact' Jury?

    Ross Laguzza

    The media has been full of stories lately about the death of facts and the rise of “fake news.” It is reasonable to wonder if people sitting on juries will be able to function appropriately in this post-fact world, says Ross Laguzza of R&D Strategic Solutions LLC.

  • Keeping Pro Se Litigants At Bay

    Michael Walden

    Pro se litigation can be a time-consuming cost of doing business, particularly for large, well-known companies. Though pro se cases occasionally include interesting, even amusing, claims, like all litigation, they must be taken seriously. In this article, attorneys from Shook Hardy & Bacon LLP detail several practical approaches to dealing with the problems posed by pro se litigants.

  • A Trademark Year In Wine And Beer 2016: Part 5

    David Kluft

    David Kluft of Foley Hoag LLP finishes off his comprehensive review of this year's beer and wine trademark disputes with 32 more cases for you to bring up at your holiday party.

  • My Strangest Day In Court: The 1995 Oklahoma City Bombing

    Randy Gordon

    When Timothy McVeigh detonated a rental truck full of fertilizer and fuel oil in front of the Alfred P. Murrah Federal Building on April 19, 1995, the explosion blew the windows out of our courtroom and the jurors jumped from their seats and dashed from the building. Plainly, there would be a mistrial, recalls Randy Gordon of Gardere Wynne Sewell LLP.