• May 16, 2017

    Texas Judges Let 1 Negligence Claim Against Atty Proceed

    Texas' First Court of Appeals on Tuesday tossed most of the claims clients had brought against their former attorney stemming from his allegedly negligent representation of them in a personal injury case, but said a fact issue remains as to whether he failed to tell them of a $200,000 settlement offer.

  • May 16, 2017

    FERC Can’t Punt On Texas Pipeline Review, DC Circ. Told

    An environmental group asked the D.C. Circuit on Monday to reverse the Federal Energy Regulatory Commission’s approval of a small portion of an Energy Transfer Partners Texas pipeline, arguing that it wrongly decided that the vast majority of the project wasn’t subject to National Environmental Policy Act review.

  • May 16, 2017

    Houston Hospital Gets Liability Claims Nixed On Appeal

    Texas' 14th Court of Appeals on Tuesday sided with Hopebridge Hospital Houston in a lawsuit brought against it by a former patient holding that the intentional tort claims of battery and assault the patient brought do constitute health care liability claims and are therefore required to be accompanied by an expert's report.

  • May 15, 2017

    Sidley Austin Adds Ex-Vinson & Elkins M&A Partner in Dallas

    Sidley Austin LLP has hired away a former Vinson & Elkins LLP partner who will be joining its Dallas office as a partner in its mergers and acquisitions practice group, the firm announced Monday.

  • May 15, 2017

    Trend Micro Gets Patent Case Shipped Out Of East Texas

    SecurityProfiling LLC’s patent infringement lawsuit against Trend Micro America Inc. has been sent to the Northern District of Texas, after a judge on Friday found the Dallas courthouse was “clearly more convenient” a place for the case than was the Eastern District of Texas.

  • May 15, 2017

    Bus Monitor's Disability Win Wrongly Nixed: Texas Justices

    The Texas Supreme Court on Friday reversed a lower appellate court's ruling stripping a fired bus monitor's jury award in a disability discrimination suit against Dallas County Schools, writing the lower court wrongly held the man's only disability was congestive heart failure when evidence shows he also suffered from urinary incontinence.

  • May 15, 2017

    5th Circ. Rules On Lessee Rights In La. Oil & Gas Regime

    The Fifth Circuit on Friday clarified aspects of the law surrounding Louisiana's "forced pooling" regime for oil and gas fields that span multiple properties, ruling against a Chesapeake Energy subsidiary that had been trying to recover operating costs and a risk payment from the lessee of a tract within a "drilling unit."

  • May 15, 2017

    Energy And Media SPACs Raise $390M To Fund Acquisitions

    Two blank check companies, one looking to buy an energy business and another pursuing a media company, raised a combined $390 million after pricing initial public offerings Friday, adding to a recent raft of IPOs from special purpose acquisition vehicles.

  • May 15, 2017

    Medtronic Settles Heart Valve Patent Suit After Venue Fight

    Medtronic Inc. on Monday said it has settled claims it infringed on a heart valve patent, just days after an Eastern District of Texas judge declined a request from co-defendant St. Jude Medical to dismiss the case in light of a pending U.S. Supreme Court case addressing venue for patent cases.

  • May 15, 2017

    5th Circ. Vacates Order Reversing GE Oil & Gas Arbitration

    The Fifth Circuit on Friday said a Texas federal court can't cancel its previous arbitration order in a suit brought by a former GE Oil & Gas employee who says he was fired in retaliation after reporting workplace discrimination, finding the lower court lacked jurisdiction to walk back its arbitration ruling.

  • May 15, 2017

    Energy MLP, Cancer-Focused Biotech File IPOs Totaling $200M

    An energy master limited partnership created to monetize Oasis Petroleum Inc.'s oil and gas assets in the Williston Basin and a biotechnology company developing treatments for cancer filed initial public offerings totaling $200 million on Friday, adding to a growing IPO pipeline.

  • May 15, 2017

    Dallas Wants Texas Justices To Block $200M Drilling Suit

    Dallas has asked the Texas Supreme Court to block a $200 million lawsuit that accuses the city of wrongfully blocking natural gas drilling on city-owned land, arguing its decision to lease its minerals rights was a governmental function, and it should be immune from suit.

  • May 15, 2017

    Texas Oil Refinery Wants Clean Air Act Suit Tossed

    Pasadena Refining System Inc. asked a Texas federal judge on Friday to toss a suit brought by two environmental groups alleging it had violated the Clean Air Act by spewing toxic chemicals into the atmosphere, saying the groups haven't shown their alleged injuries were caused by the refinery.

  • May 15, 2017

    Plaintiffs Bar Perspective: Standly Hamilton's Chris Hamilton

    We’re living through an era — brought about by “tort reform” and other such misguided ideas — where we’re seeing an unprecedented assault on the Seventh Amendment guarantee of trial by jury, says Chris Hamilton of Standly Hamilton LLP.

  • May 12, 2017

    3 Things To Know About Texas' Anti-Sanctuary Cities Law

    Texas' newly passed anti-sanctuary cities law echoes other severe immigration measures from the past decade and has pushed Texas to the forefront of the debate about sanctuary cities. Here's what you need to know about the new law.

  • May 12, 2017

    Lloyd's Hit With $41.6M Verdict In Offshore Rig Damage Row

    Following a five-week trial, a panel of jurors in Harris County on Friday returned a $41.6 million award in favor of Prime Natural Resources in its coverage dispute with insurer Lloyd's over damage caused to a drilling rig in the Gulf of Mexico during Hurricane Rita in 2005.

  • May 12, 2017

    AT&T Rival Can't Get 'Do-Over' In Piggybacking Dispute

    New Talk Inc., a phone company that “piggybacks” on infrastructure owned by AT&T Texas, cannot revive its lawsuit against the telecommunications company alleging it was overcharged when AT&T failed to give it certain credits under an agreement, a Texas appellate court held Thursday.

  • May 12, 2017

    5th Circ. Panel Upholds $1M Deepwater Claim Clawback

    A Fifth Circuit panel on Friday upheld a lower court’s decision ordering a seafood company and its owners to pay back $1 million they received from the Deepwater Horizon oil spill claims program, saying that the business should have known it had failed by the time it made its claim.

  • May 12, 2017

    Texas Court May Clarify Jurisdiction In Cross-Border Disputes

    A Texas appeals court in Dallas will hear arguments in three cases in the coming week addressing when Texas courts have jurisdiction over Mexican entities and individuals, setting the stage for greater clarity on when plaintiffs in cross-border disputes can access the U.S. legal system for tort claims and other legal remedies not always available in Mexico.

  • May 12, 2017

    Texas Supreme Court Denies Review In Med Mal Row

    The Texas Supreme Court on Friday declined to hear a medical malpractice suit brought by the widow of a man who died after being treated for a broken jaw, leaving in place a lower appellate opinion affirming a take-nothing judgment in favor of Christus St. Michael Hospital and the treating doctor.

Expert Analysis

  • Series

    Counsel To Counsel: Mama Said There'll Be Days Like This

    Peter J. Engstrom

    It's no longer enough for law firms simply to provide expert legal advice — we are expected to mirror clients' legal, ethics and social commitments and promises. For law firm GCs, the resulting job demands seem to grow exponentially, says Peter Engstrom, general counsel of Baker McKenzie.

  • The Insurer's Dilemma: To Produce, Or Not To Produce?

    Victoria Vish

    The discovery demand for the entire underwriter's file for underwriting a policy has become far too common in the realm of insurance coverage litigation. This request must be carefully considered and analyzed by insurers to determine whether the production is appropriate, and the extent to which any production should be limited, says Victoria Vish of Zelle LLP.

  • Opinion

    A State-By-State Solution For Immigration Reform

    Leon Fresco

    While it might seem that the new regional polarization over immigration and sanctuary cities may be driving us further away from achieving a national consensus on immigration, it may actually be beneficial to facilitating a unique outcome that can finally create bipartisan progress on immigration reform, says Leon Fresco of Holland & Knight LLP.

  • Series

    Counsel To Counsel: A Law Firm GC's Data Protection Duties

    Thomas W. White

    Increasingly, we see companies in all industries seeking to perform various levels of due diligence on our information security defenses. We received three times as many diligence requests from clients and prospective clients in 2016 as we did in 2015. Some clients even conduct their own penetration tests, says Thomas White, general counsel of WilmerHale.

  • 5th Circ. ESA Decision Highlights Deference Discord

    Shawn Welch

    The Fifth Circuit's recent decision in Markle Interests v. United States Fish and Wildlife Service, and the dissent from denial of en banc review, involve a recurring conflict between the extent of judicial review and the proper deference to be given to agency action, says Shawn Welch of Holland & Hart LLP.

  • Series

    Counsel To Counsel: Evaluating Positional Conflicts

    Nicholas A. Gravante Jr.

    What happens when attorneys come to their general counsel’s office with knowledge of a potential positional conflict? While the inquiry will depend on the rules governing the particular jurisdiction, there are a few general questions to consider from both business and legal ethics perspectives, say general counsel Nicholas A. Gravante Jr. and deputy general counsel Ilana R. Miller of Boies Schiller Flexner LLP.

  • Series

    Counsel To Counsel: 5 Challenges For A Law Firm GC

    John Koski

    Regardless of where we live and practice, regardless of whether trade deals succeed or fail, and regardless of whether the movement of people or capital is easy or difficult, our clients will still have needs or problems far away from home, says John Koski, global chief legal officer at Dentons.

  • The Credit Card Surcharge Fight Isn’t Over Yet

    Andrew C. Glass

    Rather than rule on whether a New York statute restricting credit card surcharges violates the First Amendment, the U.S. Supreme Court in Expressions Hair Design v. Schneiderman remanded the matter to the Second Circuit. Nevertheless, the court’s decision has the potential for broader impact and has already affected cases challenging surcharge laws in other states, say attorneys with K&L Gates LLP.

  • Ruling On CFPB Could Upend Controversial Net Worth Sweep

    Sai Prakash

    The DOJ's recent challenge to the constitutionality of the Consumer Financial Protection Bureau could have significant ramifications for another government agency — the Federal Housing Finance Agency, according to Sai Prakash of the University of Virginia School of Law.

  • Lawyers In Flow: Get Out Of Your Head And Into Your Case

    Jennifer Gibbs

    If Time Magazine is correct in that being a lawyer is one of the five worst high-paying jobs, it may be time for the legal profession to pull one from the playbook of musicians and professional athletes and seek to enter a state of “flow,” says Jennifer Gibbs of Zelle LLP.