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  • October 2, 2018

    Ex-Refinery Worker Wants 'False Positive' Test Row Revived

    A man who was fired from a LyondellBasell refinery after what he alleges was a false positive test for cocaine asked a Texas appellate court in oral arguments Tuesday to revive his lawsuit against the drug testing company, saying its negligence caused the error.

  • October 2, 2018

    5th Circ. Leaves Door Open In Feds' Time-Barred CAA Suit

    In an issue of first impression for the Fifth Circuit, a panel has allowed the federal government to pursue injunctive relief against a power company for modifying coal-fired plants without proper permits despite the feds' Clean Air Act civil penalty claims being time-barred.

  • October 2, 2018

    Facebook Accused By Trafficking Survivor Of Aiding Abuse

    A human trafficking survivor has sued Facebook, Backpage.com and others in Texas state court, accusing the social media giant and the now-defunct classified ads website of providing an unrestricted platform for predators to exploit, extort and recruit children into the sex trade.

  • October 1, 2018

    5th Circ. Says Ethics Class Sanction For Atty Unreasonable

    The Fifth Circuit has affirmed two sanctions imposed on an attorney who was unresponsive to his client after losing an appeal of a criminal sentencing in Texas federal court, but softened the requirement that he take ethics courses because it would necessitate that he enroll at a law school.

  • October 1, 2018

    Deals Rumor Mill: Campbell, Richemont, Lone Star

    Daniel Loeb is pushing for Campbell Soup Co. to offload a trove of brands and consider a sale, Compagnie Financière Richemont SA is mulling a deal for Buccellati, and Lone Star Funds might sell Evoca Group.

  • October 1, 2018

    3 Big Banks Can't Dodge Enron Debt Investor Suit

    A New York federal judge has ruled that Credit Suisse, Deutsche Bank and Merrill Lynch must go to trial over many of the claims brought against them by a group of investment funds seeking to hold them responsible for losses stemming from Enron Corp.’s 2001 collapse.

  • October 1, 2018

    Ex-Life Partners Atty, CEO Ordered To Pay $7M In Fines

    A Texas federal judge on Friday adopted the bulk of a magistrate judge’s recommendation as to penalties for two former insiders of bankrupt life settlement trader Life Partners Holdings Inc., saying that nearly $7 million in individual punishments is appropriate.

  • October 1, 2018

    Life Science Co. Gets $150M Funding From TPG Sixth Street

    Molecular science innovation company Caris Life Sciences said on Monday that it has raised $150 million in funding from TPG Sixth Street Partners that it will use in part to continue development of its proprietary technology.

  • October 1, 2018

    Texas Hospital Giants To Join, Forming State's Largest Chain

    Baylor Scott & White Health, the largest not-for-profit health system in the state of Texas, and nonprofit Memorial Hermann Health System have signed a letter of intent to merge, the organizations said Monday.

  • October 1, 2018

    High Court Passes On Noble-Conoco Row Over $63M Cleanup

    The U.S. Supreme Court on Monday declined to review a 2017 Texas Supreme Court ruling saying Noble Energy Inc. must indemnify ConocoPhillips Co. for $63 million in environmental cleanup costs.

  • October 1, 2018

    Rams Owner Says Stolen Docs Should Kill Aerial Camera Suit

    Los Angeles Rams owner Stan Kroenke's entertainment holding company has moved to shut down a suit brought by the former president of two aerial camera companies Kroenke bought, telling a Texas federal court the plaintiff stole documents to support his suit before he was fired.

  • September 28, 2018

    Supreme Court Cheat Sheet: 8 Cases To Watch

    With D.C. Circuit Judge Brett Kavanaugh’s fate as the ninth justice still hanging in the balance, the U.S. Supreme Court kicks off its new term Monday without a case of blockbuster proportions. But there are several bread-and-butter business issues filling out the docket.

  • September 28, 2018

    Ex-Texas Pol Charged With Fraud Over Frack Sand Scheme

    The U.S. Securities and Exchange Commission on Friday announced it has charged a former Texas state senator and another man over a scheme that raised millions from investors for a hydraulic fracking-related company based on misrepresentations. 

  • September 28, 2018

    ‘Disobedience’ Axes Pyramid-Scheme Suit: 5th Circ.

    The Fifth Circuit on Thursday affirmed the dismissal of a putative class action accusing Texas energy reseller Stream Energy of running an unlawful pyramid scheme exploiting sales agents, saying it was rightly tossed by the lower court after the lead plaintiff defied an order to arbitrate his claims.

  • September 28, 2018

    DHS Failed To Provide Hearing On I-9 Forms, Texas Co. Says

    The U.S. Department of Homeland Security had a statutory obligation to provide a Texas-based valve company with a hearing before an administrative law judge prior to issuing a final order that imposed a fine over alleged Form I-9 violations, the company contended Thursday in Texas federal court.

  • September 28, 2018

    CFTC Starts Insider Trading Task Force, Sues Energy Broker

    The Commodity Futures Trading Commission announced Friday that it has created an insider trading task force, the same day the agency accused a Houston-based energy commodities broker of using clients’ trading information to help a friend make money.

  • September 28, 2018

    2 Ex-Oil Co. Execs Get Prison For Global Bribery Scheme

    Two former executives of Dutch oil company SBM Offshore NV were sentenced by a federal judge in Houston on Friday afternoon to prison for their roles in an international bribery scheme.

  • September 28, 2018

    Underwriters Slam Quick Win Bid In $500M Chevron Rig Suit

    Insurance underwriters who claim to have paid $500 million to Chevron after a Gulf of Mexico oil rig broke urged a Texas federal judge Thursday to reject American Global Maritime Inc.’s quick win bid on claims seeking to hold the marine surveyor liable, saying the request is premature and meritless.

  • September 28, 2018

    Texas Justices To Hear DFW Airport's Bid To Ax Contract Row

    The Texas Supreme Court on Friday granted a request from the Dallas Fort Worth International Airport Board to hear its contract dispute with Vizant Technologies LLC over credit-card processing services, with the board arguing it's immune from the claims.

  • September 28, 2018

    ArcLight Eyes American Midstream Buyout

    A private equity backer of ArcLight Energy Partners Fund V wants to take Houston-based American Midstream Partners private in a deal that values the pipeline company at $323.1 million, Arclight announced Friday.

Expert Analysis

  • Opinion

    Open The Federal Courthouses

    David Oscar Markus

    Forget about cameras, reporters in the Manafort trial were not even permitted in the courtroom with their phones, tablets or computers. That meant no live reporting on Twitter and no emails to the newsrooms with updates. In a world focused on information and news as it happens, this is unacceptable, says trial attorney David Oscar Markus.

  • 5 E-Discovery Hurdles For Government Agencies

    Amy Hilbert

    Electronic discovery is a challenging process for even the most experienced law firms and corporations, but the challenges faced by government agencies may be even more daunting, says Amy Hilbert of Casepoint LLC.

  • The Year Of The Crypto Investigation

    Daniel Payne

    There has been a flurry of subpoenas and investigations into cryptocurrency trading and initial coin offerings in the first eight months of this year. These investigations, on the rise, are coming from both state and federal regulators, says Daniel Payne of Murphy & McGonigle PC.

  • Exxon Investors' Climate Suit Turns Up The Heat On Oil Cos.

    Mike Biles

    A Texas federal judge's decision last week in Ramirez v. Exxon Mobil — the first climate change-related securities class action against a major oil and gas company — is strikingly pro-shareholder and departs from opinions of numerous federal courts, say Mike Biles and Jessica England of King & Spalding LLP.

  • 'High Availability' — A Key Term In Law Firm IT Strategy

    Jeff Norris

    While most law firm executives and partners may instinctively want to tune out terms like "high availability" and "disaster recovery" — concepts that IT managers usually worry about — there are five reasons you should lean in and wrestle with the vocabulary, say Jeff Norris of Managed Technology Services LLC and Greg Inge of information security consulting firm CQR.

  • 5th Circ.'s New Maritime Contract Test Takes Shape

    Hansford Wogan

    Recent cases demonstrate Louisiana courts' willingness to embrace the Fifth Circuit's simplified analysis of what constitutes a maritime contract in the context of insurance obligations. The courts are homing in on whether parties expected to use a vessel, and how significant the use is, says Hansford Wogan of Jones Walker LLP.

  • Series

    Judging A Book: Lipez Reviews 'Last Great Colonial Lawyer'

    Judge Kermit Lipez

    In his new book, "The Last Great Colonial Lawyer: The Life and Legacy of Jeremiah Gridley," Charles McKirdy argues that Gridley — someone I had never heard of — was the last great colonial lawyer, and that his cases illuminate his times. The author largely substantiates both claims, says First Circuit Judge Kermit Lipez.

  • Interview Essentials For Attorneys On The Move

    Eileen Decker

    Across the country this fall, recent law school graduates, law firm associates and experienced professionals will interview for positions in private practice and government service. Sharing tips on how to stand out in this high-pressure, hypercompetitive process are Eileen Decker, former U.S. attorney for the Central District of California, and Keith Jacoby, co-chairman of Littler Mendelson PC’s class action practice group.

  • Lower Court Confusion Over Impact Of Trump V. Hawaii

    Steven Gordon

    In Trump v. Hawaii, the U.S. Supreme Court recently upheld President Donald Trump’s so-called travel ban against the contention that it is anti-Muslim and violates the establishment clause. However, it appears that some lower federal courts have not understood the high court's message, says Steven Gordon of Holland & Knight LLP.

  • Trends In Protection Of Anonymous Online Speech

    Margaret Krawiec

    Soon the Texas Supreme Court will consider under what circumstances Glassdoor should be compelled to reveal the identities of anonymous reviewers. Skadden attorneys Margaret Krawiec and Thomas Parnham discuss how courts over the years have answered the fundamental First Amendment question of whether to unmask an internet user who chooses to speak anonymously.