• March 17, 2017

    Chamber Says Texas Judge Should Still Block Fiduciary Rule

    The U.S. Chamber of Commerce and other business groups urged a Texas federal court on Thursday to block the U.S. Department of Labor’s fiduciary rule despite the agency’s recent pledge not to enforce the rule if it can’t finalize a planned delay before the rule takes effect.

  • March 17, 2017

    5th Circ. Backs Texas Lawyer In Malpractice Insurance Suit

    The Fifth Circuit on Thursday sided with a Dallas-based lawyer in a malpractice coverage dispute related to Hunt Petroleum Corp. heir Al Hill III's trust litigation, saying the district court misinterpreted the insurer’s coverage obligation and should not have ordered the attorney to pay back certain defense costs.

  • March 17, 2017

    Texas Justices Say Atty Must Face Church's Breach Claims

    The Texas Supreme Court on Friday held that an attorney must face claims brought by First United Pentecostal Church of Beaumont that he lied about the accessibility of $1.2 million the church had placed in The Lamb Firm PC's trust for safekeeping, when he knew his colleague had stolen the funds.

  • March 17, 2017

    Dem Sen. Proposes Bill To Rescind Trump's Border Wall Order

    Sen. Tom Carper, a Democrat on the Senate Homeland Security and Governmental Affairs Committee, has introduced a bill to rescind President Donald Trump’s Jan. 25 executive order that called for pushing ahead with building a border wall and increasing immigration enforcement.

  • March 16, 2017

    Texas Weighs Proposal To Strip Cities Of Uber, Lyft Oversight

    After hearing from cities that they want to be able to require ride-hailing applications like Uber and Lyft to pass more stringent safety checks, the author of a Texas bill to regulate the companies at a statewide level on Thursday indicated he’s unlikely to change his proposal.

  • March 16, 2017

    Uber TCPA Suit Over Austin Texts Sent To Arbitration

    A Texas federal judge on Thursday ordered a consumer in a putative class action to arbitrate claims Uber Technologies Inc. violated the Telephone Consumer Protection Act when it robo-texted Austin, Texas, customers as part of a campaign against the city’s ride-sharing regulations.

  • March 16, 2017

    5th Circ. Affirms Texas County Win In Ex-Deputy’s ADA Suit

    The Fifth Circuit Court of Appeals on Wednesday issued a published opinion siding with Harris County, Texas, in a wrongful termination suit brought under the Americans with Disabilities Act by a former deputy constable, holding that he hadn't shown he qualified for the job when he was fired.

  • March 16, 2017

    TV Patent Suit Not Ready For Prime Time, Magistrate Says

    CNN’s parent company and other media firms should not have to face an infringement suit over three patents that let viewers switch TV channels, an Eastern District of Texas magistrate judge has recommended, saying one patent was expired when issued and the other two don't extend to online videos as the plaintiff had argued.

  • March 16, 2017

    Texas Court Won't Rehear Reversal Of $1.8M Med Mal Award

    A Texas appeals court declined on Thursday to reconsider a panel’s reversal of a $1.87 million jury verdict in a wrongful-death medical malpractice suit, but it issued two dissents from the denial — one saying the panel had substituted its judgment for the jury's, the other saying it incorrectly concluded an expert's opinion can't be based on experience.

  • March 16, 2017

    Insurer Needn't Fund Texas Liquor Chain's Data Hack Suit

    A Texas liquor store chain can’t force its insurer to pay for a suit seeking to recover more than $4 million charged by its credit card processor in the wake of two data breaches at the chain, a Texas federal judge ruled Wednesday.

  • March 16, 2017

    KBR Denied Stay On $1.4B LNG Project Case

    A Texas federal judge refused Wednesday to pause discovery in an Australian contractor's AU$1.9 billion ($1.4 billion) suit against KBR Inc. over a liquefied natural gas project, hinting at trouble ahead for KBR's bid to force CPB Contractors Pty Ltd. into arbitration.

  • March 16, 2017

    5th Circ. Urged To Reset FCA Suit Against Lockheed, Northrop

    A whistleblower asked the Fifth Circuit on Wednesday to revive his False Claims Act suit accusing Lockheed Martin and Northrop Grumman of concealing the true costs of the U.S. military's Joint Strike Fighter F-35 program, arguing that his past employment with Northrop shouldn't cancel out his claims.

  • March 16, 2017

    Money For Wall, More Immigration Judges In Trump Budget

    President Donald Trump’s vision of the federal budget for fiscal year 2018 would set aside $2.6 billion to pay for his long-advertised wall along the nation’s southern border and would seek to hire more than 1,600 immigration agents, judges and prosecutors to aid his efforts to combat illegal immigration.

  • March 16, 2017

    Female Lawyers Are Still Struggling To Land Lead MDL Roles

    While more and more female attorneys are shattering the glass ceiling and securing leadership posts in multidistrict litigation, the high-stakes, high-paying world of MDLs is still largely male-dominated, with only 16.5 percent of lead attorney roles going to women over the past five years, a new study shows.

  • March 16, 2017

    Businessman Gets Nearly 20 Years For $14M Ponzi Scheme

    A Mexican businessman who told investors he was a licensed investment broker and energy market expert was sentenced by a federal judge in Texas on Wednesday to 19.5 years in prison for perpetrating a $14 million Ponzi scheme that defrauded more than 100 investors.

  • March 15, 2017

    Paxton Prosecutors, Defense Trade Barbs Over Trial Delay

    Prosecutors in the felony securities fraud case against Texas Attorney General Ken Paxton on Wednesday accused him of unleashing “10 pages of sound and fury” to distract from their request to delay his forthcoming trial until they are paid for their work.

  • March 15, 2017

    5th Circ. Won't Rehear 3-D Gun Printing Restriction Dispute

    The Fifth Circuit on Wednesday declined to rehear en banc a gun advocacy group's argument that the U.S. Department of State had wrongfully barred it from posting digital firearm designs for 3-D printing online.

  • March 15, 2017

    Pipe Maker Sues Insurer Over Coverage For Faulty Pipeline

    Steel pipe manufacturer Tex-Tube Co. on Tuesday launched a suit against Phoenix Insurance Co., seeking coverage for defense costs in an underlying suit over alleged defects in 20 miles of pipeline that Tex-Tube supplied, even though the insurer insists that those costs don’t involve “physical injuries” that its policy would cover.

  • March 15, 2017

    Texas VA Hospital Hit With $5M Suit Over Patient Suicide

    The widow of a Navy veteran filed a lawsuit in federal court in Dallas on Tuesday against the federal government, alleging that a doctor at Dallas Veterans Administration Medical Center improperly prescribed her husband Bupropion — an antidepressant and smoking cessation drug — which caused him to commit suicide.

  • March 15, 2017

    'Presumption Of Validity' Barred From Cialis Patent Trial

    A federal judge in Texas has barred the phrase “presumption of validity” from an upcoming patent infringement trial over Eli Lilly and Co.’s erectile dysfunction drug Cialis, saying the wording could trip up the jury.

Expert Analysis

  • Who Would Face Liability For Oroville Dam Management?

    Brett Moore

    The Butte County, California, sheriff recently ordered the evacuation of more than 180,000 people in the communities surrounding the Oroville Dam after officials spotted severe erosion in its emergency spillway. Although other avenues may exist to pursue liability against the agencies involved in management of the facilities, those agencies might avoid state tort liability on preemption grounds, says Brett Moore of Haight Brown & Bonesteel LLP.

  • A Reprieve From The Deluge Of Hail Litigation In Texas

    James W. Holbrook

    The Texas Fourth Court of Appeals' ruling in Garcia v. State Farm is a definitive answer to one question commonly presented in hail disputes, holding that an insurer's payment of an appraisal award generally insulates the insurer from liability. This raises some ethical concerns, as hail lawyers continue to sign up insureds on a 40 percent contingency fee basis while knowing that their clients' disputes will likely be resolved by s... (continued)

  • Civil Litigation Outlook For 2017

    Reid Schar

    Several areas of civil litigation appear poised for growth this year, including securities class action activity, which could outpace even the significant 2016 levels, and trade secret litigation, which could see further growth in the coming year under the Defend Trade Secrets Act. Meanwhile, as companies increasingly face the specter of data breaches, several developments in 2017 could bring greater clarity to this area of the law... (continued)

  • Legal Pot Industry Bugged By Lack Of Pesticide Guidance

    Telisport W. Putsavage

    Marijuana cultivation suffers from the same pest and disease pressure as any large commercial greenhouse operation. However, the circumstance unique to this setting is that any use of a pesticide in the cultivation of marijuana is a violation of federal law, says Telisport Putsavage of Putsavage PLLC.

  • Texas' Secret Weapon To Keep Ex-Employees Honest

    Arthur V. Lambert

    Many employers believe expensive litigation is their only option when an employee defects to a competitor or takes off with proprietary company information. However, small- and mid-sized companies may be best suited to leverage Rule 202 of the Texas Rules of Civil Procedure because it allows them to investigate possible trade secret claims before filing a lawsuit, says Arthur Lambert of Fisher Phillips.

  • Trump’s Enviro Law Impact May Not Be What Many Anticipate

    Lester Sotsky

    Many posit a material decline in environmental enforcement and a retrenchment or reversal of environmental regulatory initiatives in the new Trump administration. We expect three concrete areas where activism and activity will be on the rise during this time, targeting a variety of environmental, public health and liability issues of considerable potential consequences, say Lester Sotsky and Andy Wang of Arnold & Porter Kaye Scholer LLP.

  • In Retrospect

    Relearning The Lessons Of Korematsu's Case

    Randy Maniloff

    Fred Korematsu’s U.S. Supreme Court case challenging President Franklin Roosevelt’s executive order that led to the incarceration of approximately 120,000 people of Japanese ancestry may sound like ancient history. However, Feb. 19 marks the 75th anniversary of the order's signing, and that it’s celebrating its diamond anniversary now is breathtaking timing, says Randy Maniloff of White and Williams LLP.

  • How A General Counsel Should Think About AI: Part 2

    Bruce J. Heiman

    General counsels face the challenging task of understanding how companies can navigate the rules surrounding uses of artificial intelligence. To get smart on AI, general counsels must ask the right questions about areas such as human resources, intellectual property, liability and insurance, say Bruce Heiman and Elana Reman of K&L Gates LLP.

  • How A General Counsel Should Think About AI: Part 1

    Bruce J. Heiman

    Though the Trump administration has yet to make an official statement regarding artificial intelligence, support for AI is consistent with its expressed desire to promote American business. As such, general counsel will inevitably have to navigate what big data and AI mean for compliance with current and future laws and regulations, say Bruce Heiman and Elana Reman of K&L Gates LLP.

  • Saving Lawyers 1 Less Drink At A Time

    Jennifer Gibbs

    Lawyers are likely turning to alcohol to lessen stress and anxiety, to socialize, and even to sleep better. Unfortunately, many are unaware that their nightly pour could be causing or exacerbating the anxiety that is plaguing the legal profession, says Jennifer Gibbs of Zelle LLP.