• January 12, 2017

    Houston Club Wants $139K EEOC HIV Bias Suit Reopened

    A Houston-area nightclub asked a Texas federal judge for relief from a $139,366 default judgment in an employment discrimination case on Wednesday, telling the judge that its attorney accidentally missed a December status conference and arguing that a new trial wouldn’t prejudice the plaintiff.

  • January 12, 2017

    Distillery Didn't Violate 'Cowboy' Trademark, Texas Jury Finds

    Lone Star Distillery LLC did not infringe a rival’s trademark for the word “cowboy” by selling bourbon with the word in its name, a Texas federal jury ruled Wednesday, following a December false start that ended in a mistrial.

  • January 12, 2017

    Munsch Hardt Adds Corporate Partners In Dallas

    Munsch Hardt Kopf & Harr PC announced Thursday it has added two shareholders to its corporate and securities practice in Dallas, snagging both lawyers from now-dissolved Shannon Gracey Ratliff & Miller LLP, where they co-headed the firm's health care division.

  • January 12, 2017

    Energy Pick Perry Cuts Ties With Dakota Access Companies

    President-elect Donald Trump’s choice for secretary of energy, former Texas Gov. Rick Perry, is breaking ties with some energy companies, including stepping down from the boards of two companies developing the Dakota Access pipeline and, should he be confirmed for the role, vowing to shed stock in them.

  • January 12, 2017

    Texas Gov. Appoints Dallas Atty To Appellate Court

    Texas Gov. Greg Abbott has appointed attorney Jason Boatright to the state's Fifth Court of Appeals, taking over the seat formerly held by Justice David Lewis, for a term that will expire in December 2018.

  • January 12, 2017

    Multistate Hotel Portfolio Scores $92M In Financing

    A portfolio of four hotels in New York, Pennsylvania, Texas and Virginia has scored $92 million in financing, according to an announcement on Thursday from Sonnenblick-Eichner Co., which arranged four loans for the 592-room package.

  • January 12, 2017

    BC Greenlights Kinder Morgan Canadian Pipeline Project

    The government of British Columbia on Wednesday signed off on Kinder Morgan Inc.'s $5.4 billion Trans Mountain Pipeline expansion project, allowing the midstream giant to clear another major regulatory hurdle after the Canadian federal government approved the project in November.

  • January 12, 2017

    Viacom Wins TM Ruling Against 'Spongebob' Restaurant

    Viacom won a ruling Wednesday that a proposed “Krusty Krab” restaurant — the same name as a fictional joint in the Nickelodeon cartoon “SpongeBob Squarepants” — would violate the media giant’s trademark rights.

  • January 11, 2017

    Oculus Exec Denies Using Stolen Code In $2B Trial

    The chief technology officer for Facebook-owned Oculus VR LLC, who formerly worked for a video game developer seeking $2 billion in a Texas federal court trial, told jurors Wednesday the virtual reality headset wasn’t founded using stolen technology.

  • January 11, 2017

    Valve Maker's Trade Secrets Suit Preempted, 5th Circ. Affirms

    The Fifth Circuit on Wednesday affirmed a lower court's dismissal of a valve manufacturer's state-based claim for trade secrets misappropriation against a competitor and former employee who allegedly used stolen drawings to design a competing product, finding that the general scope of federal copyright law preempts the claim.

  • January 11, 2017

    Mind Your Metadata: Ethics Rules On Hidden Data

    Slowly but surely, state ethics committees are addressing the rules and responsibilities around an often overlooked risk to client confidentiality — document metadata. Here, Law360 answers four common questions lawyers have about the ethical landscape for handling the sensitive client data.

  • January 11, 2017

    Mass. Court Won't Quash AG's Exxon Climate Change Probe

    A Massachusetts state judge on Wednesday shot down Exxon’s challenge to state Attorney General Maura Healey’s climate change investigation, ruling the Texas company couldn’t skip out of Massachusetts court when it does business in the commonwealth.

  • January 11, 2017

    BP Employees Seek Another Chance At ERISA Suit

    BP PLC employees suing over damage to their BP-invested retirement funds from the Deepwater Horizon oil spill continued to press a Texas federal court on Tuesday to let them revamp their claims, after the Fifth Circuit found they hadn’t specified what plan administrators could have done differently to get a better result.

  • January 11, 2017

    Bathroom Rule Ban Is Toothless In Okla., LGBT Group Says

    An Oklahoma LGBT advocacy group told the Fifth Circuit on Tuesday that the state should be exempted from an injunction blocking an Obama administration guidance that students be allowed to use restrooms that match their gender identity, saying the directive conflicted with no Oklahoma law.

  • January 11, 2017

    Parsley Energy Spends $607M For West Texas Acreage

    A Texas-based oil and gas company has struck deals to pay $607 million in cash for a variety of properties it says will raise its production by almost 60 percent in 2017, the company said Tuesday.

  • January 11, 2017

    Feds Urge Against Rule Injunction In Dialysis Program Suit

    The U.S. Department of Justice told a federal judge in Texas on Wednesday not to grant a request from dialysis companies to stop a Health and Human Services rule change affecting patient insurance coverage, because it is a “limited and modest but urgently needed” step to protect patients.

  • January 11, 2017

    Total Can't Duck FERC With SEC Judges Ruling, 5th Circ. Told

    A recent Tenth Circuit decision on the constitutionality of U.S. Securities and Exchange Commission administrative law judges has no bearing on whether the Federal Energy Regulatory Commission has the authority to fine Total SA over gas market manipulation, the agency told the Fifth Circuit on Tuesday.

  • January 11, 2017

    Andrews Kurth Asks Texas Justices To Toss Malpractice Suit

    The former clients of Andrews Kurth Kenyon LLP alleging their lawyers drafted a faulty health care investment agreement and flubbed subsequent litigation, and who also argue their claims were wrongly dismissed, have failed to meet the court's evidence standards in proving the claims, the Texas Supreme Court was told in oral arguments Wednesday.

  • January 11, 2017

    Ohio Cancer Charity Says Texas No Place For TM Suit

    An Ohio-based cancer charity accused of using trademarks belonging to The University of Texas' MD Anderson Cancer Center does not have enough of a connection to the Lone Star State to be sued there, the fundraiser argued in Texas federal court Tuesday.

  • January 11, 2017

    KBR Says $1.4B LNG Dispute Must Be Arbitrated

    KBR Inc. argued in Texas federal court on Tuesday that an AU$1.9 billion ($1.4 billion) case filed against it by an Australian contractor stemming from a liquefied natural gas project should be resolved through arbitration, saying that the contractor can't avoid the terms of the underlying contract.

Expert Analysis

  • Are Courts In The Discovery Driver’s Seat?

    Cristin K. Traylor

    I recently asked a panel of four federal court judges whether they expect courts to start taking a more active role in e-discovery. They answered with a resounding yes. However, their responses left me wondering whether courts are actually taking a more active role in discovery since the Federal Rules of Civil Procedure amendments took effect in December 2015, says Cristin Traylor of McGuireWoods LLP.

  • A Trademark Year In Wine And Beer 2016: Part 4

    David Kluft

    In the penultimate article in his five-part series, David Kluft of Foley Hoag LLP continues to bring you the most interesting beer and wine trademark dispute cases of 2016.

  • How Bad Data Analyses Can Sabotage Discrimination Cases

    Mike Nguyen

    Used properly, statistics can be highly effective in supporting legal arguments, but misinterpreted statistics can quickly sink cases. It is especially critical to understand the benefits and limitations of using data in discrimination cases, says Mike Nguyen of Analysis Group Inc.

  • Overturning NLRB Unit Determination Standards At 2nd Circ.

    Shay Dvoretzky

    In Constellation Brands v. NLRB, the Second Circuit recently handed an employer a rare victory in a challenge to a National Labor Relations Board unit determination confirming a petitioned-for bargaining unit. This decision, along with another recent ruling from the Fifth circuit, is important because it sets forth a road map for NLRB regional directors analyzing the appropriateness of bargaining units, say attorneys at Jones Day.

  • Key Trade Secret Developments Of 2016: Part 1

    Randy Kahnke

    This year brought significant developments in trade secret law, the most important of which was the passage of the long-awaited federal Defend Trade Secrets Act. In the few months since the act took effect, litigants have already asserted DTSA claims in more than 75 federal cases, say attorneys with Faegre Baker Daniels LLP.

  • The Path To The California Bench

    Judge George F. Bird

    Ever consider applying for a judicial appointment in California? Get the lay of the land from Judge George Bird of the Los Angeles Superior Court and Kimberly Knill, a senior appellate court attorney for the California Court of Appeal. Additionally, hear what several recent appointees to the LA Superior Court thought of the judicial selection process.

  • Enron’s Legacies, A Decade And A Half Later

    Kevin LaCroix

    Enron’s most important legacy is its impact on corporate governance. As a result of the heightened scrutiny and regulatory reforms that followed in the wake of the Enron scandal, boards generally have become and remain more active, independent and involved, says Kevin LaCroix of RT ProExec.

  • San Antonio Hail Suit Standing Orders: Here We Go Again!

    Steven J. Badger

    As drafted, Bexar County's standing orders are an early Christmas gift to Texas hail lawyers, encouraging the signing-up of even meritless cases and pushing matters to early bulk settlements. The courts should invite established practitioners to draft orders that are fair and balanced to all litigants, say Steven Badger and Summer Frederick of Zelle LLP.

  • 3 Tips To Avoid Being On The Outs With In-House Counsel


    When trial lawyers fail to recognize the unique challenges faced by in-house counsel, it jeopardizes not only the outcome of the case, but also the opportunities for future representation. These few simple strategies are hardly rocket science, but they are too often neglected, says Matthew Whitley
 of Beck Redden LLP.

  • A Trademark Year In Wine And Beer 2016: Part 1


    Are you looking to avoid talking about politics at your annual seasonal gathering with friends and family? David Kluft of Foley Hoag LLP has you covered, with over 150 diversionary legal anecdotes about this year's biggest beer and wine trademark dispute cases.