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Texas

  • October 12, 2018

    Will The Future Of The Supreme Court Bar Be Female?

    While women have made significant inroads into the elite world of U.S. Supreme Court advocacy, last term the number of women arguing at the court hit a decade low. Was it an off year? Or a sign of progress stalled?

  • October 12, 2018

    Exco Investors Accused Of Staving Off Its Bankruptcy

    Two secured creditors of bankrupt petroleum driller Exco Resources Inc. hit a group of fellow secured creditors with an adversary proceeding on Friday, alleging units of Fairfax Financial Holdings Ltd. and Bluescape Group abused their insider status for years to saddle Exco with the onerous loans that led to its collapse.

  • October 12, 2018

    Cobalt Investors Seek $147M Deal In Angolan Oil Bribe Row

    A class of Cobalt International Energy investors urged a Texas federal judge Friday to approve a $146.9 million settlement in a securities suit claiming the now-bankrupt company bribed Angolan officials and made misrepresentations that cost the investors billions.

  • October 12, 2018

    Pepsi Unit Gets OK On $292M Arbitration Award

    A state district court judge in Houston on Friday affirmed a $292.2 million arbitration award in favor of Pepsi-Cola Metropolitan Bottling Co. Inc. in an asbestos liability dispute with Cooper Industries LLC.

  • October 12, 2018

    3 Commodity Traders Charged In $60M Spoofing Scheme

    The U.S. Department of Justice said Friday that it has hit three commodity futures traders with fraud and conspiracy charges related to a spoofing scheme that distorted the commodities markets and caused other traders to lose more than $60 million.

  • October 12, 2018

    11 Firms To Lead IPOs Raising $1.8B Amid Market Volatility

    Eleven firms are scheduled to guide nine initial public offerings projected to raise more than $1.8 billion during the week of Oct. 15, steering a lineup led by information technology and gambling companies that are going public under renewed market volatility.

  • October 12, 2018

    Baylor Must Answer Inquiries Into Pepper Hamilton Report

    Plaintiffs alleging Baylor University mishandled or ignored sexual assault allegations, including many against its football players, may ask the university more questions about a controversial 2015 internal investigation by Pepper Hamilton LLP and its fallout, a Texas federal judge has ruled.

  • October 12, 2018

    Health Hires: Insys, Ex-US Atty, Katten, Kasowitz, Dechert

    This week's health and life sciences laterals roundup features new attorneys at Insys Therapeutics Inc., Electrum Partners LLC, Kasowitz Benson Torres LLP, Dechert LLP, Katten Muchin Rosenman LLP, Sidley Austin LLP, Gunster, and Buchalter PC.

  • October 12, 2018

    Texas LNG Co., Contractor Settle Pipeline Contract Row

    Wood Group Mustang Inc. and Freeport LNG Expansion LP have tentatively settled their contract dispute stemming from the construction of a pipeline feeding Freeport's liquefied natural gas terminal in Texas, according to a Friday filing in Harris County District Court.

  • October 12, 2018

    Biz, Defense Groups Back Exxon Fight Against Climate Probe

    Business and defense attorney advocacy groups on Thursday asked the U.S. Supreme Court to grant Exxon Mobil Corp.’s request that it end the Massachusetts attorney general’s long-running investigation into the company’s climate change statements.

  • October 12, 2018

    Texas Justices End 46-Year County Boundary 'Death Match'

    Occidental Chemical Corp. will no longer pay double tax on piers in Corpus Christi Bay after the Texas Supreme Court ruled Friday that only San Patricio County has jurisdiction to tax the structures, resolving a 46-year “Texas Death Match” with Nueces County.

  • October 12, 2018

    Texas Atty Suspended During Workers' Comp Fraud Appeal

    A Texas disciplinary board has suspended the license of an attorney sentenced to 10 years in prison for a scheme to defraud $26 million from the U.S. Department of Labor Office of Workers' Compensation Programs while he appeals his criminal case.

  • October 12, 2018

    Texas Jury Clears DynaEnergetics In Well-Drilling Patent Suit

    An Eastern District of Texas federal jury has handed a win to DynaEnergetics US Inc. after rival GeoDynamics Inc. accused it at trial of infringing a patent related to fracking technology, finding the claims of the patent were not infringed and were invalid as obvious.

  • October 12, 2018

    Charges Over $18M Offshore Tax Scheme Too Late, Atty Says

    A Houston-based attorney has asked a Texas federal judge to dismiss an indictment accusing him of conspiracy and tax evasion for his role in a scheme to repatriate more than $18 million in untaxed earnings from the Isle of Man, arguing the indictment came too late.

  • October 12, 2018

    Tenet Brass Knock Back Derivative Suit Over FCA Settlement

    Current and former Tenet Healthcare Corp. board members have won a Texas court ruling that sends shareholders back to the drawing board on claims that the company leaders shirked their fiduciary duties by not stopping a kickback scheme that led to a $513 million False Claims Act settlement.

  • October 11, 2018

    Senate OKs 15 Judges As Dems Vow Fight On 9th Circ. Noms

    Over the “blue slip” objections of a senator from Pennsylvania, the U.S. Senate confirmed 15 federal judges Thursday, including in the Second, Third and Ninth circuits, as senators from California vowed to oppose Ninth Circuit nominees named Wednesday.

  • October 11, 2018

    Permian Water Disposal A Thorn In Our Side, Oil Execs Say

    Disposing of water used in oil and gas operations in the relatively rural stretches of the Permian Basin is one of the biggest challenges facing energy companies, executives from Shell and Callon Petroleum Co. said at a Houston energy panel on Thursday.

  • October 11, 2018

    First Responders Tell Texas Justices Benefit Rate Is Protected

    A group of Dallas first responders fighting pension cuts told the Texas Supreme Court on Thursday that the interest rate used to calculate their retirement benefits shouldn't have changed in 2014, because lawmakers intended for a constitutional amendment they passed in 2003 to protect that rate.

  • October 11, 2018

    DOL Recovers $2.5M In Wages From 4 Employers

    The U.S. Department of Labor recently recovered about $2.5 million in back wages for workers over four investigations, the agency announced this week.

  • October 11, 2018

    Hanover Loses Bid To Block Contractor From Spending $2.3M

    Hanover Insurance Co. lost a bid Wednesday for an order blocking Oryx Oilfield Holdings LLC from spending $2.3 million the insurer says the contractor wrongfully obtained after allegedly lying to a Texas city that the money belonged to the contractor and not in an account for the insurer.

Expert Analysis

  • Opinion

    North Cypress V. Cigna Shows Perils Of Fee-Forgiving

    Jagger Esch

    Last month, a Texas federal court ruled that Cigna did not abuse its discretion when it reduced payments in response to fee-forgiving practices by North Cypress Medical Center. Health providers need to recognize that fee-forgiving is illegal, and enforce coinsurance payments for out-of-network services, says Jagger Esch of Elite Insurance Partners LLC.

  • Why State Marijuana-Impaired Driving Laws Need Reform

    Ian Stewart

    Because current state laws relating to marijuana-impaired driving lack an objective impairment standard, only those who clearly demonstrate impaired driving are likely to be prosecuted and convicted, says Ian Stewart of Wilson Elser Moskowitz Edelman & Dicker LLP.

  • Understanding The Unwinding Of DOL's Fiduciary Rule

    Excerpt from Lexis Practice Advisor
    George Sepsakos

    In Chamber of Commerce v. U.S. Department of Labor, the Fifth Circuit decided the DOL's so-called fiduciary rule conflicted with Section 3(21) of the Employee Retirement Income Security Act. George Sepsakos and Michael Kreps of Groom Law Group discuss the decision's implications and various elements to consider following vacatur of the rule.

  • A Look At OIG's Medicare Exclusion Analysis Under FCA

    David Blank

    A U.S. Department of Health and Human Services administrative law judge recently upheld a ruling from the Office of Inspector General against BestCare and its CEO based on submissions of false claims to Medicare for mileage reimbursement. The decision is notable as it’s the first of its kind since 2011, says David Blank of Quarles & Brady LLP.

  • What The Arkema Indictment Means For Chemical Cos.

    Benjamin Patton

    Last month, a Texas grand jury indicted Arkema Inc., its CEO and a plant manager for allowing a release of air contaminants during Hurricane Harvey. The indictment is legally significant because it represents a criminal prosecution for a safety incident that involved no fatalities or catastrophic environmental harm, say Benjamin Patton and Mary Balaster of Reed Smith LLP.

  • Q&A

    Back To School: Widener's Rod Smolla Talks Free Speech

    Rodney Smolla

    In this new series featuring law school luminaries, Widener University Delaware Law School dean Rodney Smolla discusses teaching philosophies, his interest in First Amendment law, and arguing before the U.S. Supreme Court in Virginia v. Black.

  • New Pass-Through Deduction Will Pass Over Many Lawyers

    Evan Morgan

    A few weeks ago, the IRS proposed regulations related to the Tax Cuts and Jobs Act's 20 percent deduction on qualified business income for pass-through entities. The guidance offers long-awaited clarity, but is mostly bad news for many law firms, says Evan Morgan of Kaufman Rossin PA.

  • How Reckless Judicial Impeachments Threaten Rule Of Law

    Jan van Zyl Smit

    Judicial impeachment fever seems to be spreading through the states, with West Virginia legislators recently voting to remove their state's entire Supreme Court, and lawmakers in Pennsylvania and North Carolina threatening the same. These actions are a serious threat to judicial independence, says Jan van Zyl Smit of the Bingham Centre for the Rule of Law.

  • Series

    Judging A Book: Fogel Reviews 'Good Judgment'

    Judge Jeremy Fogel

    In this time of partisan conflict over judicial selection, a new book by Canadian jurist Robert J. Sharpe —​ "Good Judgment" — represents a refreshing, deeply thoughtful departure from binary arguments about how and why judges make decisions, says U.S. District Judge Jeremy Fogel, director of the Federal Judicial Center.

  • Opinion

    Judicial Review Of A Manafort Pardon Would Be Overreach

    Harold Krent

    The conviction of Paul Manafort has sparked speculation as to whether President Donald Trump might issue a pardon to his lieutenant and, if so, whether it would constitute obstruction of justice. But a presidential pardon — irrespective of motive — should not be subject to judicial reversal, says Harold Krent, dean of the Chicago-Kent School of Law at the Illinois Institute of Technology.