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  • June 7, 2018

    Texas Taxpayer Group Fights $44M Payout To Developer

    A Texas taxpayer group on Wednesday asked a Dallas court for an emergency restraining order to block the payment of $44 million in incentives and upfront infrastructure reimbursements to an entertainment complex, saying the project's developers committed fraud to clear the way for the payment.

  • June 7, 2018

    Oil Field Services Co. Hit With $1M Sexual Harassment Verdict

    An oil field services company on Wednesday was ordered to pay $1 million to a former employee who claimed she was fired one week after starting work as a sales representative both for being pregnant and for rejecting sexual advances from the personnel director.

  • June 7, 2018

    Hilton Owner Can't Revive Hail Coverage Row At 5th Circ.

    The Fifth Circuit on Thursday affirmed a lower court decision favoring Lloyd's of London in the underwriter’s dispute with a Hilton Garden Inn owner over coverage for hail damage, agreeing that the owner failed to present evidence that could determine what portion of the hotel’s losses were covered.

  • June 7, 2018

    Qualcomm Took Too Long To Try To Move Patent Case

    Qualcomm Inc. and GlobalFoundries Inc. must face infringement allegations over a patent related to semiconductor technology in the Eastern District of Texas, U.S. District Judge Rodney Gilstrap ruled Wednesday, agreeing with a magistrate judge's finding that the companies waited too long to ask for the case to be moved to another court.

  • June 7, 2018

    6 Cities Where It Pays To Be A BigLaw Associate

    The New York pay scale has long been the gold standard for BigLaw associates — climbing to a dizzying $190,000 at a few firms this past week — but associates in these six cities may still have more money in their pockets at the end of the day. 

  • June 7, 2018

    Senate Panel OKs 9th Circ. Pick Over Home-State Objections

    The Senate Judiciary Committee advanced another of President Donald Trump’s picks for the Ninth Circuit Thursday, despite objections from Democrats who said it breached the “blue slip” tradition of deference to home-state senators.

  • June 6, 2018

    Texas Court Nixes New Trial In Baylor Sex Assault Case

    Texas’ highest criminal court on Wednesday held an appellate panel wrongly ordered a new trial for a former Baylor University football star convicted of sexual assault, overturning the court’s finding text messages between the victim and her friend were wrongly kept from jurors.

  • June 6, 2018

    Insurers Ask 5th Circ. To Definitively End Fiduciary Rule

    A collection of insurance industry groups asked the Fifth Circuit on Wednesday to issue a mandate ordering the U.S. Department of Labor to strike down its fiduciary rule, which requires retirement advisers to act in clients' best interest, in the wake of the court's March decision to invalidate the rule.

  • June 6, 2018

    Reseller Not Enough To Keep Medical Device IP Row In Texas

    A Federal Circuit judge, sitting by designation in the Eastern District of Texas, has granted a medical device company’s bid to transfer a patent suit brought by a Nevada-based competitor over needle shields to the Southern District of New York, finding that a distributor within the Texas district was insufficient to establish venue.

  • June 6, 2018

    'Fixer Upper' Stars Settle EPA Lead Paint Mishandling Claims

    A company owned by HGTV "Fixer Upper" stars Chip and Joanna Gaines will pay a $40,000 civil penalty and put $160,000 toward lead abatement in its Waco, Texas, community to settle the U.S. Environmental Protection Agency’s allegations that it mishandled lead-based paint while renovating 33 homes there for the show.

  • June 6, 2018

    I'm From The Government & I'm Here To Sue Over Trademarks

    It's one thing to face trademark accusations from a big scary company, but what about from the government? A new case filed last week over the "Virginia Is For Lovers" tourism slogan is just the latest in a string of recent public-private brand battles.

  • June 6, 2018

    Breitling Execs Can Tap Insurance To Fight $80M SEC Suit

    A Texas federal judge ruled on Wednesday that three executives of Breitling Energy Corp. are entitled to use the company’s insurance policy proceeds to pay for defense costs in fighting the U.S. Securities and Exchange Commission’s $80 million fraud claims against them, despite protests from the company’s court-appointed receiver.

  • June 6, 2018

    Nabors Loses $105K Sales Tax Refund For Drilling Parts

    A Texas appellate court on Wednesday stripped a $105,000 sales tax refund from Nabors Drilling Technologies USA Inc. for component parts used to make drilling equipment, holding Nabors wasn’t entitled to claim an exemption for temporary storage of the equipment.

  • June 6, 2018

    Texas Ruling Gives Appellate Weapon To Injury Defense Bar

    The Texas Supreme Court’s recent decision to toss a $1.9 million jury verdict in a medical malpractice suit makes it easier for personal injury defendants to pursue possible appeals, relaxing the procedural requirements for those parties to preserve issues for a challenge down the road, experts said.

  • June 6, 2018

    Trump's Steel Tariffs May Worsen Permian Pipeline Crunch

    President Donald Trump's decision to move ahead with sweeping steel tariffs could further tighten the current pipeline logjam in the oil-rich Permian Basin of West Texas, making it tougher for producers to get their oil and gas out of the ground and into the market, experts say.

  • June 6, 2018

    Troutman Sanders, Winstead Are Eyeing A Tie-Up

    Troutman Sanders LLP and Winstead PC held discussions earlier this year on a potential merger, four sources with knowledge of the conversations told Law360 on Wednesday, the latest indication that law firms remain eager to expand into Texas.

  • June 6, 2018

    Last Settlement OK'd In Patent-Holder Unit's Smartphone Row

    U.S. District Judge Rodney Gilstrap has signed off in Texas federal court on the final settlement and licensing deal in patent-licensing subsidiary Mobile Synergy Solutions LLC’s consolidated smartphone patent lawsuits over visual voicemail and contact synching technology.

  • June 6, 2018

    Latham, Vinson Assist On $3.13B Deal For EnLink Stakes

    Global Infrastructure Partners has agreed to pay $3.125 billion for all of Devon Energy Corp.’s interests in Dallas-based EnLink Midstream Partners LP, in a deal guided by law firms Latham & Watkins LLP and Vinson & Elkins LLP, according to a Wednesday statement.

  • June 5, 2018

    VirnetX Wants Damages In Apple Patent Case Doubled To $1B

    Two months after winning a major patent infringement verdict against Apple, VirnetX asked an Eastern District of Texas judge Monday to double the damages award to $1 billion, saying Apple’s behavior “shocks the conscience,” while Apple said the whole award must be thrown out.

  • June 5, 2018

    Parent Co. Off Hook In $6.5M Texas Oil Well Service Fight

    A Texas appellate court on Tuesday reversed Weatherford International Inc.’s more than $6.5 million win against the parent company of an oil and gas exploration company that allegedly failed to pay for labor and materials used to drill an oil well.

Expert Analysis

  • What ABA’s Position On Harassment Means For Employers

    Minjae Song

    In the #MeToo era, the American Bar Association’s recently passed Resolution 302 is a reminder of harassment policy best practices to all employers, and it should be of particular interest to employers in the legal industry, say attorneys with Hunton Andrews Kurth LLP.

  • Practical Considerations For Litigating Proportionality

    Elizabeth McGinn

    By incorporating an explicit requirement that discovery must be “proportional to the needs of the case,” the 2015 amendments to the Federal Rules of Civil Procedure garnered much speculation as to their impact on courts’ decision-making processes. Now that the rules have been implemented for over two years, several themes have emerged, say attorneys with Buckley Sandler LLP.

  • Supporting Nontraditional Data Types In E-Discovery

    Jason Paroff

    The advancement in connected technologies and software has created an explosion of nontraditional data sources that present challenges to e-discovery practitioners. Many tools and techniques used to process traditional data may not be practical for these new data types, say Jason Paroff and Sagi Sam of Epiq.

  • Post-TC Heartland Trends In The 1st Quarter Of 2018

    Christina Ji-Hye Yang

    Since the U.S. Supreme Court’s decision in TC Heartland last year, district courts have received a large volume of motions to dismiss for improper venue. We analyzed 44 recent rulings on these motions, say Christina Ji-Hye Yang and Mareesa Frederick of Finnegan Henderson Farabow Garrett & Dunner LLP.

  • The Insureds’ Burden: Determining Date Of Loss In Texas

    Todd Tippett

    Under Texas law, as reinforced by recent court decisions, the insured bears the burden of establishing that property damage actually occurs on the reported date of loss. Insureds and insurers can use a variety of tools to determine and prove when hail or wind damage occurred, say Todd Tippett and Walter Cardwell of Zelle LLP.

  • Another Post-Dudenhoeffer 'Stock Drop' Casualty

    Danielle Herring

    A Texas federal court's recent decision in Fentress v. Exxon Mobil continues a growing trend of losses for the plaintiffs bar in Employee Retirement Income Security Act “stock drop” cases, which stem from the U.S. Supreme Court’s decision in Fifth Third Bancorp v. Dudenhoeffer, say Danielle Herring and Andrew Epstein of Littler Mendelson PC.

  • Series

    State Tax After TCJA: Blue States' Deduction Strategies

    Gary Botwinick

    What do you do when it seems that Washington is out to get you? If you are a lawmaker or governor in New York, California, New Jersey or any of several other blue states that relies on significant income or property taxes to pay your state’s bills, you get creative, says Gary Botwinick of Einhorn Harris Ascher Barbarito & Frost PC.

  • The Fastest Federal Civil Court For A Decade

    Bob Tata

    Out of 94 district courts nationwide, the Eastern District of Virginia has the fastest civil trial docket in the country, now for at least the 10th straight year. The modern EDVA bench clearly takes pride in efficiently dispensing justice, and this dedication to efficiency has continued even in the face of increased filings, says Bob Tata of Hunton Andrews Kurth LLP.

  • How Lagos Might Affect Internal Investigations

    Joon Kim

    If the U.S. Supreme Court holds in Lagos v. United States that companies are able to seek restitution from criminal defendants when they are the victim of an offense, it will create another incentive to conduct internal investigations into misconduct within or against a corporation, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.

  • Opinion

    State AGs Must Fill The CFPB Void, But That's Not Enough

    Karl Racine

    With Mick Mulvaney gutting the Consumer Financial Protection Bureau, the burden of standing up to giant, deep-pocketed financial institutions falls more heavily on state attorneys general. But in the end, such efforts can’t replace the power the CFPB has to protect consumers across all states equally, says District of Columbia Attorney General Karl Racine.