• June 15, 2017

    Enviro Group Says No Error In $20M Penalty Against Exxon

    Environmental groups on Wednesday said that a Texas federal court was correct to impose a nearly $20 million civil penalty on Exxon Mobil Corp. over allegations that it improperly emitted millions of pounds of air pollution from a complex in Texas, arguing that Exxon’s objections are either meritless or overdue.

  • June 14, 2017

    Justice Ginsburg On Oral Argument And ‘Imperious’ Attorneys

    Justice Ruth Bader Ginsburg discusses the value of oral arguments, advice for advocates, and the one thing lawyers do that irks her, in the second of two articles based on an exclusive interview.

  • June 14, 2017

    Ex-ArthroCare CFO Pleads Guilty After First Sentence Nixed

    The former chief financial officer at ArthroCare Corp. copped to a conspiracy charge for his role in an alleged multimillion-dollar securities fraud scheme in a plea agreement filed in Texas federal court on Wednesday after the Fifth Circuit vacated a prior 10-year sentence.

  • June 14, 2017

    Glassdoor Wants Texas Justices' Input On Bad Reviews Row

    Glassdoor Inc. has asked the Texas Supreme Court to weigh in on its dispute with a Dallas-based online lingerie retailer over whether it should be forced to reveal the identities of those who left negative reviews about the company.

  • June 14, 2017

    NRG Energy Unit Hits Ch. 11 With Plan To Cut $1.8B Debt

    GenOn Energy Inc. initiated Chapter 11 bankruptcy proceedings Wednesday in Texas, with a prearranged plan to cut nearly $1.8 billion in debt through a noteholder equity swap and settle potential fraudulent transfer claims against parent company NRG Energy Inc. for $261 million.

  • June 14, 2017

    Ex-NFLer Loses ERISA Suit Over Disability Denial

    A former NFL player lost his Employee Retirement Income Security Act suit Wednesday over denied disability benefits when a Texas federal judge granted judgment to the league's benefits plan and disability board and denied the ex-footballer’s bid to remand the fight to the board.

  • June 14, 2017

    Judge Cites TC Heartland In Moving Patent Case To Texas

    A parts manufacturer has won a bid to transfer a patent dispute from Ohio to the Southern District of Texas, a decision that is among the first successful transfer motions under the new TC Heartland precedent.

  • June 14, 2017

    Sierra Club Asks 5th Circ. To Revive Coal Plant CAA Suit

    The Sierra Club on Tuesday asked the Fifth Circuit to overturn a Texas federal judge's ruling that it and the federal government cannot pursue claims that two coal-fired power plants operated by Luminant Generation Co. LLC violated the Clean Air Act by undertaking major modifications without following required protocols.

  • June 14, 2017

    Bracewell Snags Andrews Kurth Partner For Houston IP Group

    Bracewell LLP announced Wednesday that it has bolstered its intellectual property practice group with the addition of a former Andrews Kurth Kenyon LLP partner who has joined its Houston office.

  • June 14, 2017

    Texas Appeals Court Nixes Suit Over Cancer Patient’s Death

    A Texas appellate court on Tuesday rejected a bid to restore a suit accusing a doctor and hospital of providing negligent post-surgical care to a cancer patient who died, holding the patient’s estate was not entitled to more time to designate an expert medical witness.

  • June 14, 2017

    Texas Court Says Oil, Gas Lease Too Vague To Stand

    A Texas appellate court on Tuesday held that Cabot Oil & Gas Corp.’s attempt to reserve an interest in an oil and gas lease was too vague to be upheld, because it referred to a 160-acre unit but did not define the unit’s boundaries.

  • June 14, 2017

    Barge Operator Kirby Puts Up $710M For Stewart & Stevenson

    Tank barge operator Kirby signed an agreement on Tuesday to purchase Stewart & Stevenson, a manufacturer and distributor of products and services for a range of industries including oil and gas and construction, for approximately $710 million.

  • June 14, 2017

    South Texas Woman Gets 12 Years For $2.5M Medicaid Fraud

    The former owner and operator of a durable medical equipment company, who in February was convicted by a jury on 18 counts of defrauding Medicaid via $2.5 million in fraudulent billing for incontinence supplies, was sentenced by a Texas federal judge Tuesday to 12 years in prison.

  • June 13, 2017

    Ex-Texas Politico Admits Taking Bribe From State Sen.

    A former Texas county leader on Monday admitted he took money in exchange for awarding a jail medical services contract, entering a guilty plea just a week after a state senator and attorney also charged with bribery had characterized the alleged payments as “gratuities.”

  • June 13, 2017

    Suspended Texas Atty Indicted On Insurance Fraud Charges

    An attorney who is currently suspended from practicing law has been indicted by a Tarrant County, Texas, grand jury on charges he committed insurance fraud when he filed hail damage claims while purporting to represent clients whom he had never met, the Texas Department of Insurance announced Friday.

  • June 13, 2017

    Texas Court Says Med Mal Expert Didn't Prove Qualifications

    A Texas appellate court held Monday that an expert witness in a medical malpractice case didn’t adequately demonstrate his qualifications to opine why a gallbladder surgery patient died, but the patient’s family may get the chance to amend their expert report to address the problem.

  • June 13, 2017

    Ship Owner Owes For Miss. River Oil Spill, 5th Circ. Says

    A Fifth Circuit panel on Friday backed a lower court’s finding that the owner of a vessel that collided with another vessel on the Mississippi River and paid for the cleanup can receive a contribution from the owner of the other vessel, saying such relief can be granted under the Oil Pollution Act.

  • June 13, 2017

    Texas Medicare Fraudster Gets 17 Years Behind Bars

    A home-care magnate convicted in a $374 million Medicare billing-fraud ring was sentenced Tuesday to serve 17.5 years in prison and pay millions in restitution, Texas federal prosecutors said.

  • June 13, 2017

    Witness In $25M Med Device Trial Gets 15 Months For Lying

    A witness who later admitted he’d lied under oath as part of a $25 million trade secrets trial against a medical device manufacturer in the Eastern District of Texas was sentenced Tuesday to 15 months in federal prison for perjury.

  • June 13, 2017

    Texas Atty Sues Colo. Law Firm Over 'Strong Arm' TM Rights

    A personal injury attorney in Amarillo, Texas, sued a Denver law firm in Texas federal court on Tuesday, claiming the Colorado practice is attempting to prevent him from using the term “The Strong Arm” in advertisements, a term both have long used to promote their brands and for which the Denver office recently registered a trademark.

Expert Analysis

  • How Client Feedback Programs Benefit Law Firms And Clients

    Elizabeth Duffy

    Despite an increase in engagement with client feedback programs over the last 15 years, law firms — and their clients — have a way to go before realizing the maximum benefits such programs can deliver, says Elizabeth Duffy of Acritas US Inc.

  • Series

    Revisiting Affiliated Ute: Will It Supersize Leidos?

    James Goldfarb

    The rebuttable presumption of reliance adopted by the U.S. Supreme Court 45 years ago in Affiliated Ute threatens to supersize the expanded basis for omission liability signaled by Leidos v. Indiana Public Retirement System, which the court will review next term, say attorneys with Murphy & McGonigle PC.

  • What We Know So Far About Direct Infringement Post-Form 18

    Eric Kaviar

    Following the abrogation of Form 18 in December 2015, what does it mean to state a claim of direct patent infringement? Eric Kaviar of Burns & Levinson LLP recently reviewed all of the substantive district court opinions grappling with this question. Here's what he found.

  • Insurance Takeaways From Texas' New Hailstorm Bill


    On Wednesday, the Texas Legislature passed its new "Hailstorm Bill," intended to address several abuses that have become commonplace in the claims and litigation process. Proponents of the bill believe it will have a direct positive impact on minimizing abuses in all weather-related litigation matters, while still protecting insureds from improper claim denials, says Jennifer Gibbs of Zelle LLP.

  • Series

    Revisiting Affiliated Ute: High Court Needs A Reboot

    Gary Aguirre

    The U.S. Supreme Court has reduced the giant oak that is Rule 10b-5 to a stump with one withered branch — the narrow scope of liability under Rule 10b-5(b). The court must retrace its steps back to Affiliated Ute, which recently turned 45 and was the court's last decision before it adopted the false star Blue Chip Stamps, says Gary Aguirre, a former staff attorney at the U.S. Securities and Exchange Commission.

  • Solving The Legal Industry's Data Protection Breakdown

    Jeff Ton

    Most law firms today aren't using common security and data protection measures that other industries employ to protect sensitive data. Options like continuous data replication and backups have various pros and cons, but most importantly, law practices must understand the need for a two-tiered approach to data protection, says Jeff Ton of Bluelock LLC.

  • 5 Things To Know About Justice Gorsuch’s First 30 Days

    Charles Webber

    Justice Neil Gorsuch joined the U.S. Supreme Court a little more than 30 days ago, on April 7, 2017. And while it is too early for him to have written any opinions, Gorsuch participated in the final 13 oral arguments of the 2016 term. Charles Webber of Faegre Baker Daniels LLP offers five takeaways from his first month on the job.

  • 5 Mistakes That End Law Firms

    Randy Evans

    Although the end often comes quickly, law firms do not fail overnight. Randy Evans of Dentons and Elizabeth Whitney of Swiss Re Corporate Solutions review five mistakes that expedite law firm failures.

  • 'From Heaven To Hell' — Mineral Rights And Ancient Deeds

    Marcy Rothman

    Development of mineral rights can lead to title disputes, especially where conveyances to railroads are memorialized in ancient documents, with archaic expressions that do not correspond to modern usage. Ownership interests in any parcel crossed by railroad tracks could be affected, says Marcy Rothman of Kane Russell Coleman Logan PC.

  • Cybersecurity Is The Next Frontier Of State Regulation

    David Forscey

    States considering whether to enforce existing cybersecurity rules more aggressively, or else pass standards of their own, should carefully consider the policy rationale and potential pitfalls of existing frameworks and collaborate with private experts to determine what works and what does not, say David Forscey of the National Governors Association, and Steven Cash and Benjamin Nissim of Day Pitney LLP.