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  • August 8, 2018

    Attys Shake Malpractice Suit Over $20M Arbitration Losses

    A Texas state appellate court declined on Wednesday to revive a petroleum engineer’s suit against the attorneys he claimed cost him an extra $20 million in losses after representing him in an underlying arbitration, saying that the lower court was right to find the engineer’s expert was introduced too late.

  • August 8, 2018

    Lenders In $25B EFH Loan Row Get No Priority, 3rd Circ. Says

    The Third Circuit on Tuesday found Marathon Asset Management LP and several Polygon Global Partners funds do not have a priority claim on the $1.25 billion remainder of a $24.5 billion loan in the Energy Future Holdings Corp. bankruptcy.

  • August 8, 2018

    Texas Court Affirms $16M Mexico Power Plant Arbitration Win

    A Texas appeals court on Wednesday affirmed a $16 million arbitration award in a dispute between an electrical equipment maker and a power company over the construction of a Mexico power plant, ruling that the lack of a record in the arbitration proceedings isn’t grounds to reverse its finding.

  • August 8, 2018

    Monitronics Seeks Coverage In $28M Robocall Settlement

    A home security company has sued its insurers in Texas federal court, claiming they refused to honor their agreements and indemnify the company for a $28 million settlement in multidistrict litigation that accused the company of making calls to numbers listed on the National Do Not Call Registry.

  • August 7, 2018

    Arbitrator Overstepped In $21M Contract Row, 5th Circ. Says

    An arbitrator overstepped his limited authority by rewriting a contract between two industrial equipment rental companies in an effort to fix what he saw as a “mutual mistake” involving a potentially $21 million comma, the Fifth Circuit said Monday.

  • August 7, 2018

    Seismic Owes Attys' Fees As Sinclair Won, 5th Circ. Told

    An agreement that stated a winning party in any underlying dispute was entitled to attorneys' fees means Sinclair Companies didn't need to “specially plead” its request for the funds after beating Seismic Wells in a contract fight, the Fifth Circuit was told Tuesday.

  • August 7, 2018

    AstraZeneca Settles Texas Medicaid Fraud Suits For $110M

    Pharmaceutical giant AstraZeneca LP has agreed to pay $110 million to the state of Texas to settle lawsuits accusing the company of falsely marketing its drugs Seroquel and Crestor in violation of the Texas Medicaid Fraud Prevention Act, according to a Tuesday announcement by the state attorney general.

  • August 7, 2018

    Google Pix Exclusion OK'd In Texas Inflatable Man Injury Trial

    A Texas appeals court on Tuesday affirmed a defense verdict in a suit that accused a mattress store of negligently placing an inflatable advertising “tube man” that allegedly caused a woman’s fall and serious injury, saying the trial judge properly excluded as evidence Google Earth satellite photographs, citing lack of authentication.

  • August 7, 2018

    FTC Asks 5th Circ. To Stay Out Of La. Real Estate Board Row

    The Federal Trade Commission on Monday urged the Fifth Circuit to reject a bid by the Louisiana Real Estate Appraisers Board to escape the agency’s challenge of regulations that control appraisal fees, arguing that the appellate court lacks jurisdiction while also reasserting that the board is not immune to antitrust law.

  • August 7, 2018

    Ship Pilots Group Not On Hook For Chemical Spill In Collision

    A Texas appeals court found Tuesday that an association of ship pilots is immune from a suit alleging negligence in a collision between two vessels piloted by its members that caused a chemical spill in the Houston Ship Channel in 2015.

  • August 7, 2018

    Sidley Austin Steers Quantum Energy To $5.58B Fund Closing

    Texas-based Quantum Energy Partners, with assistance from legal adviser Sidley Austin LLP, has clinched its latest investment vehicle after bringing in almost $5.58 billion from investors, the energy-focused private equity firm said Tuesday.

  • August 7, 2018

    5th Circ. Told Bankruptcy Can't Touch $5M Crash Settlement

    An attorney who reached a $5 million settlement for his clients who were injured in a bus crash told a panel of Fifth Circuit judges during oral arguments in Houston Tuesday that the law doesn't support a bankruptcy judge's decision to pull those insurance policy proceeds into the bankruptcy estate of the now-defunct bus company.

  • August 7, 2018

    Tech Co. Investor Accuses Executives Of Insider Trading

    A shareholder for a fiber optics equipment manufacturer accused the company’s directors and officers in Texas federal court on Tuesday of violating the Securities and Exchange Act by misleading shareholders about the company’s falling sales and selling off hundreds of thousands of dollars' worth of shares before the company’s stock value dropped.

  • August 7, 2018

    5th Circ. Says Texas Fraudster Was Tried In Correct Venue

    A Fifth Circuit panel ruled Monday that a Texas man convicted of making false entries in a Fair Housing Agency loan application should indeed be tried in the Eastern District of Texas, deciding a seven-year venue fight in “what should have been a straightforward prosecution."

  • August 6, 2018

    Texas Retailers Sue USDA to Keep SNAP Data Confidential

    The Texas Retailers Association filed suit against the U.S. Department of Agriculture on Monday, urging a Texas federal judge to revisit an earlier court's “stale” ruling concerning the release of certain data about participation in the Supplemental Nutrition Assistance Program now that online retailers can participate in the program.

  • August 6, 2018

    Ace Fights Claims It Underpaid Hotel For Renovation Damages

    Ace American Insurance Co. hit back on Monday against the Statler Hotel in a Texas suit alleging Ace underpaid insurance claims during the hotel’s $250 million renovation, arguing that several of the hotel’s insurance claims fell under exemptions and that Ace had overpaid the hotel nearly $1 million in advance payments.

  • August 6, 2018

    Plaintiffs Bar Is Steering Truck Crash Cases To Mega Verdicts

    Trucking accident victims have reaped some huge awards at trial this past year, with one Texas jury recently awarding $101 million, which experts say is a reflection of an increasingly sophisticated plaintiffs bar utilizing technology and courtroom techniques to target heavily insured and heavily regulated trucking companies.

  • August 6, 2018

    GAO Says More Info Needed On Southern Border Wall's Cost

    The U.S. Customs and Border Protection needs to provide additional information regarding construction costs for a wall at the United States’ southwest border, as the agency's analysis does not account for how topography, land ownership and other factors will affect its ultimate price tag, a report released Monday by the U.S. Government Accountability Office said.

  • August 6, 2018

    Journalist Hits CenterPoint With $1M Suit Over Electric Shock

    A British journalist who suffered an electric shock when he came into close proximity to live power lines submerged during Hurricane Harvey filed a $1 million lawsuit against CenterPoint Energy Inc. in state district court in Houston Monday, arguing the power company should have killed the lines in light of the catastrophic flooding.

  • August 6, 2018

    First Reserve Sells Oil, Gas Co. To Kosmos For $1.2B

    Energy-focused private equity firm First Reserve Corp. inked a cash-and-stock deal to sell the Deep Gulf Energy companies to Dallas-based Kosmos Energy Ltd. for $1.23 billion, the companies announced separately Monday.

Expert Analysis

  • Myths And Facts About Using TAR Across Borders

    John Tredennick

    Many legal teams involved in cross-border matters still hesitate to use technology assisted review, questioning its ability to handle non-English document collections. However, with the proper expertise, modern TAR can be used with any language, including challenging Asian languages, say John Tredennick and David Sannar of Catalyst Repository Systems.

  • The Path To Restitution After Lagos

    Shannon Murphy

    While the U.S. Supreme Court's decision in Lagos eliminated the traditional way that many corporate victims recouped investigation costs, there still may be ways for at least a subset of those costs to be recovered, say Shannon Murphy and Steven Grimes of Winston & Strawn LLP.

  • Texas Case Shows Clarity Is Key In The Appraisal Process

    Jennifer Gibbs

    The 14th Court of Appeals in Houston recently ruled in TWIA v. Dickinson that an appraisal award alone does not provide sufficient evidence to conclusively show that damage was caused by a covered peril. Parties to the appraisal process should cooperate in educating the appraisal panel as to the issues being addressed, say Jennifer Gibbs and Michael Upshaw of Zelle LLP.

  • Roundup

    From Lawmaker To Lawyer

    From Lawmaker To Lawyer

    Earlier this year, Rep. Trey Gowdy, R-S.C., made headlines with his decision to leave Congress and return to law. ​​In this series, former members of Congress who made that move discuss how their experience on the Hill influenced their law practice.

  • Opinion

    A Trump Supreme Court Nominee Can Be Defeated

    Nan Aron

    The Senate Republican leadership and the Trump administration are racing to fill Justice Anthony Kennedy’s spot on the U.S. Supreme Court. Does opposition to their plans have any chance of success? My answer is yes, because the stakes are so high, people are so engaged, and the records of those short-listed are so deeply troubling, says Nan Aron, president of Alliance for Justice.

  • New Stats On Millennial Attorney Disciplinary Actions

    Jean Edwards

    In this analysis of disciplinary action trends in the legal industry, Edwards Neils LLC managing member Jean Edwards examines data provided by bar organizations for 17 states and the District of Columbia.

  • A Midyear Review Of State Attorney General Enforcement

    Joe Jacquot

    While appealing to voters this election season, attorney general candidates will inevitably target industries with promises of using their state enforcement powers. AGs are also increasingly defining themselves publicly by reacting to the federal government, whether by filing a lawsuit against the president or opposing congressional acts, says Joe Jacquot of Foley & Lardner LLP.

  • A Cloud On The Horizon: Trade Secret Theft In The Cloud

    Amy Van Zant

    Although courts and companies have at times struggled to keep pace with the rapidly evolving challenges surrounding the use of cloud-based software, some best practices have emerged from the body of case law addressing claims of cloud-based appropriation of trade secrets, say attorneys with Orrick Herrington & Sutcliffe LLP.

  • Series

    From Lawmaker To Lawyer: Prioritizing Is Always Key

    Joe Lieberman

    Today, members of Congress often seem able to blame colleagues of the other party for not getting anything done for their constituents. In law practice, you can’t really blame a bad result for your clients on the lawyers on the other side, says former Sen. Joe Lieberman, D-Conn., of Kasowitz Benson Torres LLP.

  • Series

    From Lawmaker To Lawyer: How Congress Affected My Career

    Yvonne B. Burke

    Being a former member of Congress put me in an advantageous position when I approached law firms in the late '70s, at a time when there were few female lawyers, and even fewer African-American lawyers, in major law firms, says former Rep. Yvonne B. Burke, D-Calif., a director of Amtrak.