• October 10, 2017

    Texas Atty Hit With $120K Fee Award In Defamation Suit

    A disbarred Texas lawyer is on the hook for more than $120,000 in legal costs and fees accrued by a newspaper company he accused of defaming him in stories following a state Supreme Court finding of fraud in a $3 million Ford Motor Co. settlement.

  • October 10, 2017

    Exxon, Gov't Ordered To Deal With Docs In $1.35B Refund Row

    A magistrate judge in Texas declined Tuesday to rule on Exxon Mobil Corp.’s bid for the court to keep as confidential certain documents the oil giant submitted in its suit seeking $1.35 billion in tax refunds, ordering instead that the company hash it out with the U.S. government.

  • October 10, 2017

    Justices Deny Ex-Stanford Advisers' Arbitration Appeal

    The Supreme Court on Tuesday denied a petition from former financial advisers seeking to force arbitration from an alleged $7 billion Ponzi scheme run by R. Allen Stanford, turning down their bid to force arbitration with the funds receiver over $215 million.

  • October 10, 2017

    Allergan Ordered To Prove Tribe Patent Deal Isn’t A ‘Sham’

    Allergan Inc. needs to prove that its controversial transfer of four patents for the dry eye treatment Restasis to the Saint Regis Mohawk Tribe was more than a “sham” before the tribe can be added to infringement litigation against Teva, Mylan and others, a federal judge in Texas said.

  • October 10, 2017

    No-Show Suspended Atty Ordered To Pay $350K In SEC Case

    A noted patent lawyer from Texas who was accused by the U.S. Securities and Exchange Commission of scheming to steal from small business escrow accounts was ordered to pay $350,000 by a New York federal judge on Friday after he failed to contest the government’s claims.

  • October 6, 2017

    Insurer Wants Quick Win In Faulty Pipeline Coverage Dispute

    A Travelers unit on Friday urged a Texas federal court to quickly rule that it doesn’t have to cover steel pipe manufacturer Tex-Tube Co.’s costs to defend a lawsuit over an alleged defect in a section of a pipeline, contending that the underlying action doesn’t assert any claims for accidental property damage under the terms of Tex-Tube’s policy.

  • October 6, 2017

    Taxation With Representation: Stikeman, White, DLA, Dorsey

    In this week’s Taxation With Representation, Canadian grocery chain Metro agreed to shell out approximately $3.6 billion for a drugstore chain, Office Depot snapped up CompuCom Systems for about $1 billion, Carlisle Companies announced its intent to buy a polyurethane products company for $670 million, and a deal was struck to sell the Midland Basin’s largest privately held crude oil transportation system for $1.825 billion.

  • October 6, 2017

    Texas Justices Tackle 11th Circ.'s Discovery Rule Question

    The Texas Supreme Court on Friday agreed to review a certified question from the Eleventh Circuit tied to when the clock begins to run on a personal injury claim stemming from an allegedly defective product, in a Johnson & Johnson unit pelvic mesh suit.

  • October 6, 2017

    Red-Light Ticket Co. Can't Stop $130M Class Action

    Red-light ticketing outfit Redflex Traffic Systems Inc. can’t avoid a $130 million class action challenging the constitutionality of fining drivers through the use of stoplight traffic cameras, a Texas appellate court held Thursday.

  • October 6, 2017

    Enviros Want $6M In Fees From Exxon In $20M Pollution Row

    Environmental groups told a Texas federal judge Thursday that Exxon Mobil Corp. should pay about $6 million in attorneys’ fees and costs stemming from the thousands of hours of work and years of intense, hard-fought litigation that resulted in a nearly $20 million civil penalty against the oil giant.

  • October 6, 2017

    Energy Networking Site Creator Gets Year And A Day For Hack

    The creator of a Texas oil and gas industry professional networking website who sold the company for $51 million, then hacked in to steal information while launching a competitor, was sentenced to a year and a day in prison by a Manhattan federal judge on Friday.

  • October 6, 2017

    Texas Doctors Fail To Nix Malpractice Experts On Appeal

    A Texas appeals court has refused to toss a malpractice suit accusing two doctors of failing to test for or properly treat a woman suffering a heart attack, concluding the lower court rightly rejected objections to the woman’s medical experts.

  • October 6, 2017

    5th Circ. Sticks By $3M Exxon Contractor Coverage Ruling

    The Fifth Circuit will not rehear a case over who must pay a $3.3 million settlement Exxon Mobil Corp. reached with a subcontractor after he was severely burned in an accident, bringing an end to a contentious, yearslong suit that’s already been before the court twice.

  • October 6, 2017

    Texas Neurosurgeon’s Suit Over Hospital Suspension Tossed

    A Texas state appellate court on Thursday threw out a neurosurgeon’s suit claiming that the hospital where he worked suspended him and reported him to the Texas Medical Board after he complained about a fellow doctor, ruling that the hospital’s interactions with the board fell under protected speech.

  • October 5, 2017

    SEC Seeks $17M Disgorgement In Alleged Oil And Gas Fraud

    The U.S. Securities and Exchange Commission on Thursday urged a Texas federal court to order two California companies, their owner and two of his sales associates to fork over close to $17 million in proceeds from what the agency has alleged was a scheme that duped investors into buying interests in oil and gas limited partnerships.

  • October 5, 2017

    T-Mobile Sues Texas City Over Denied Telecom Project

    T-Mobile South LLC and Eco-Site LLC sued the city of Brownsville, Texas, and the Brownsville City Commission in Texas federal court on Wednesday over T-Mobile’s rejected application to construct a telecommunications facility on an undeveloped lot, saying the city’s denial was unlawful.

  • October 5, 2017

    Texas Energy Cos. Can't Block Rival's Atty Fee Win

    A Texas appeals court on Thursday affirmed a $280,000 attorneys’ fee award to Crawford Hughes Operating Co., rejecting arguments from a group of energy companies that formerly worked with Crawford that a trial court wrongly granted a new trial on the fee issue.

  • October 5, 2017

    Employees Take National Oilwell Racism Claims To High Court

    A group of African-American employees who accused National Oilwell Varco LP of race-based employment discrimination has asked the U.S. Supreme Court to review their case, alleging that comments and arguments made by NOV's counsel at trial were wrongly admitted and prevented them from getting a fair trial.

  • October 5, 2017

    5th Circ. Won't Ask Texas Justices To Weigh Asbestos Query

    The Fifth Circuit on Thursday refused to seek the Texas Supreme Court's guidance on whether asbestos claims fall under a standard pollution exclusion in a U.S. Fire Insurance Co. excess policy, leaving intact a ruling axing an order requiring U.S. Fire to pay another insurer $2.5 million to cover the cost of asbestos suits against a custom fabricator.

  • October 5, 2017

    5th Circ. Won't Lift Ex-Statoil Exec Injunction In IP Suit

    The Fifth Circuit on Wednesday declined to lift an injunction forbidding a former Statoil unit’s chief technology officer from using information and technology he is accused of stealing to help his own business venture, but agreed to fast-track his appeal of the injunction.

Expert Analysis

  • 'Per-Doc' Pricing Can Improve Document Review

    file folder

    Imagine going to a restaurant and ordering your steak medium-rare. The steak arrives burned. You expect the kitchen to bring you another one properly done, right? And you don’t expect to pay for two steaks, do you? Paying a vendor for document review should be no different, says Lisa Prowse, an attorney and vice president at e-discovery firm BIA Inc.

  • Opinion

    We Must Protect Consumers From Illegal Debt Collectors

    Maura Healey

    Companies are allowed to collect the money they are owed, but they cannot break the law or cheat people in the process. Some of the biggest players in the debt collection industry are not focused on getting it right, says Massachusetts Attorney General Maura Healey.

  • Preparing For Art-Related Claims After Hurricane Harvey

    Jamie Baker

    Texas insurers will face many new and challenging questions regarding Hurricane Harvey and art-related claims. Damage to fine art often involves unique claim facts due to the nature of the asset at risk, and there is a dearth of case law interpreting fine art insurance issues in general, says Jamie Baker of Thompson Coe Cousins & Irons LLP.

  • Are Opioids The New Tobacco?

    Richard Scruggs

    Is the rising spate of opioid litigation comparable to the litigation that led to the mega-billion dollar settlement with Big Tobacco? According to ex-trial lawyer Richard Scruggs, who helped engineer the $248 billion tobacco settlement in the 1990s, the answer is "sort of."

  • A Guide To The Executive Branch Official Nomination Process

    Adam Raviv

    Although the Trump administration has completed the vetting and confirmation of a cabinet and White House staff, thousands of senior positions remain unfilled throughout the executive branch. More than ever, people selected for those posts find themselves under close scrutiny, say Adam Raviv and Reginald Brown of WilmerHale.

  • 8 Key Insurance Coverage Considerations For Harvey, Irma

    Geoffrey Greeves

    In the aftermath of two powerful hurricanes, it will not be uncommon for businesses to be unpleasantly surprised by insurers who are unwilling to stand behind the full insurance coverage they promised. Insureds should pay close attention to the eight property adjustment and coverage issues highlighted in this article in order to maximize recovery, say attorneys with Pillsbury Winthrop Shaw Pittman LLP.

  • Understanding Force Majeure In The Aftermath Of Harvey

    Jessica Crutcher

    Hurricane Harvey has undoubtedly affected the ability of some members of the energy industry to fully perform contracts. Force majeure may be a viable defense where failure to perform is caused by a natural disaster. But every contract's force majeure clause is different, so the precise language of the clause should be the first consideration, say lawyers from Mayer Brown LLP.

  • 5th Circ. Tames NLRB Approach To Workplace Conduct Rules

    Laura Lawless Robertson

    In T-Mobile USA v. National Labor Relations Board, the Fifth Circuit recently held that the NLRB went too far when targeting the company's employee handbook policies. The decision signals that federal courts may increasingly rein in the NLRB’s attempts to expansively apply the National Labor Relations Act to seemingly neutral workplace conduct rules, says Laura Lawless Robertson of Squire Patton Boggs LLP.

  • Hurricane Harvey Makes 3 Landfalls: How Many Occurrences?

    John Ellison

    A challenging issue that many policyholders affected by Hurricane Harvey will need to consider is whether there was a single or multiple occurrences due to Harvey making multiple landfalls in Texas and Louisiana. The answer to that question will directly impact the amount of each insured’s insurance recovery, say attorneys with Reed Smith LLP.

  • Managing Flood Risk When '1,000-Year' Floods Seem Common

    Melissa Klimkiewicz

    The “1,000-year flood” caused by Hurricane Harvey follows two consecutive years of “500-year” floods in Houston, and Houston is not alone. With flood damage and related costs growing at an alarming rate, now may be the time for lenders to re-evaluate their flood risk policies, say Melissa Klimkiewicz and Brandy Hood of Buckley Sandler LLP.