• February 10, 2017

    El Paso Hospital Pays $860K To Settle FCA Kickback Claims

    An El Paso, Texas, hospital has agreed to pay $860,000 to the federal government to settle allegations of False Claims Act violations related to the payment of kickbacks to a physician, according to the U.S. Department of Justice, which announced the deal Thursday.

  • February 10, 2017

    Taxation With Representation: Vinson, Bracewell, Debevoise

    In this week’s Taxation With Representation, Parsley Energy in Texas makes its biggest expansion to date with the acquisition of $2.8 billion of oil and gas assets, private equity shop Clayton Dubilier & Rice enters into a $2.3 billion sale of Mauser Group, and CyrusOne Inc. acquires two data centers for $490 million.

  • February 9, 2017

    Oil Co. Argues Justices Should Revive $95M Eagle Ford Win

    Longview Energy Co. urged the Texas Supreme Court Thursday to reinstate a $95 million award it won after a jury found that two of its directors, appointed by a private equity fund, had usurped the company’s opportunity to invest in Eagle Ford shale property.

  • February 9, 2017

    Trump Faces Longer Odds To Ax Fiduciary Rule After DOL Win

    The Trump administration will need to build a robust administrative record if it wants to convince the public and courts a full-scale repeal of the new fiduciary rule for retirement account advisers is justified and not merely a political about-face, experts said, after a Texas federal judge on Wednesday issued the third lengthy opinion endorsing the U.S. Department of Labor's original analysis.

  • February 9, 2017

    Former Sutherland Partners Open Their Own Firm In Houston

    Two former Sutherland Asbill & Brennan LLP senior partners announced Thursday they have opened their own firm in Houston, Johnson Garcia LLP, that will exclusively focus on the recovery of damages for businesses and individuals in complex business and personal injury disputes.

  • February 9, 2017

    Campus Cops Get New Shot At Bookstore Theft Cover-Up Suit

    A Texas appellate court on Wednesday revived a whistleblower suit brought by three police officers against the Collin County Community College District, holding that a lower court had wrongly given the college an early win without the institution conclusively establishing it didn't retaliate against the officers.

  • February 9, 2017

    Koch Ranch Tells 5th Circ. Damages Award Should Be Tossed

    A Colorado ranch owned by billionaire Bill Koch on Wednesday urged the Fifth Circuit to toss an award against it in a long-running dispute with a Texas cattle breeder over who has the rights to sell the company's specialty “Akaushi” Japanese cattle, arguing a point of Texas law.

  • February 9, 2017

    Insurance Agency Settles $7M Trade Secrets Row Before Trial

    Texas sports medicine insurance agency Orchestrate HR Inc. has settled, just before trial, its $6.6 million defamation and trade secrets suit against a New Jersey rival that hired a former Orchestrate employee.

  • February 9, 2017

    Texas, Tribe Square Off Over Electronic Bingo

    The Alabama-Coushatta tribe of Texas and the state traded blows in federal court filings on Wednesday over how to classify electronic bingo, as the tribe seeks to lift a long-standing injunction blocking it from offering the game on its reservation.

  • February 9, 2017

    Energy Cos. Unnerved By Trump's Mexico Border Tax Talk

    President Donald Trump's recent vow to impose import taxes on Mexican goods to pay for a border wall is stoking concerns among energy firms that have cashed in on increasing Mexican demand for U.S. natural gas and petroleum products, and could chill new investment in cross-border infrastructure if Trump follows through on his threat, experts say.

  • February 9, 2017

    GE Doubles Down On DQ Dispute In Incubator Patent Case

    General Electric Co. on Wednesday again urged a Texas federal judge not to disqualify its in-house counsel and external Arnold & Porter Kaye Scholer LLP attorneys from a lawsuit by International Biomedical Ltd. over neonatal incubator patents, saying an alleged conflict of interest related to a now-deceased attorney impacts IBL’s counsel instead.

  • February 9, 2017

    ExxonMobil Owes $1M For Spill, Texas Property Owner Says

    The owner of a property adjacent to what used to be an ExxonMobil gas station filed suit against the oil and gas giant in state court in Houston on Tuesday, alleging Exxon never told it about the leaky petroleum storage tanks that contaminated the property in 2003 and halted recent redevelopment plans.

  • February 9, 2017

    Cobalt Says No Charges In 2nd FCPA Probe Of Angolan Ops

    The U.S. Department of Justice has closed its investigation of potential Foreign Corrupt Practices Act violations by deepwater driller Cobalt International Energy Inc., it said Thursday, ending six years of U.S. agency scrutiny of the company's business deals in Angola.

  • February 9, 2017

    Texas Court Says Dallas Must Face $200M Drilling Suit

    Dallas must face a $200 million lawsuit alleging it ripped off a gas driller by entering a mineral lease then denying the company permits to drill, a Texas appellate court has held, saying the city was acting in a proprietary, not governmental, function when it entered the lease.

  • February 9, 2017

    Prosecutors Say Texas AG Crusaded To Taint Jury Pool

    Prosecutors in the felony securities fraud case against Texas Attorney General Ken Paxton on Thursday accused him of orchestrating a two-year crusade to taint the jury pool in his home county, in a motion to change venue before the upcoming trial.

  • February 8, 2017

    Olympic Committee Settles Suit Over City-Year Domains

    The International Olympic Committee has settled cybersquatting claims against a man who registered hundreds of domain names with a city-year convention similar to that used by Olympics host cities, according to documents filed in Texas federal court Wednesday, the deal coming after a federal judge had gutted most of the trademark-related claims last year.

  • February 8, 2017

    BigLaw Moves In Texas Send Local Firms Looking For Edge

    A continued push by national firms like Winston & Strawn and Gibson Dunn into Texas’ thriving legal market has ignited a competitive spirit among homegrown firms and has spurred a race to keep top rainmakers at any cost, while other Texas firms are taking a harder look at possible mergers, experts say.

  • February 8, 2017

    DOL Beats Latest Challenge To Fiduciary Rule

    A Texas federal judge on Wednesday upheld the U.S. Department of Labor’s controversial fiduciary rule for retirement advisers — just hours after the agency had asked to stay the case in light of President Donald Trump’s directive to review and possibly rescind the rule.

  • February 8, 2017

    Farm Says Texas Justices Went Too Far In Pipeline Ruling

    A rice farm that claimed its land had been improperly taken by a Denbury Resources pipeline company asked the Texas Supreme Court to revisit its January ruling in favor of the company, arguing that there were issues of fact that should have been decided before a jury.

  • February 8, 2017

    PE-Backed Fracking Co. ProPetro Files $345M IPO

    ProPetro Holding Corp., a private equity-backed provider of fracking services to oil and gas companies, on Wednesday filed initial public offering plans to raise up to $345 million under guidance from Latham & Watkins LLP, marking the latest energy issuer to rejoin capital markets.

Expert Analysis

  • Analyzing The Legality Of Proposed Sanctuary City Measures

    Leon Fresco

    The 115th Congress began by introducing bills aimed at defunding sanctuary cities in both the Senate and House, efforts consistent with President Donald Trump’s recent executive order, which aims to cancel federal funding to sanctuary cities. However, such action is likely to lead to a showdown in Congress and in the federal courts over a variety of constitutional, federal and administrative legal issues, say attorneys at Holland & Knight LLP.

  • More And More States Are Targeting Payroll Debit Cards

    Caroline J. Berdzik

    It has become increasingly prevalent for employers to pay their employees with payroll debit cards due to the benefits to both employers and employees. However, despite these mutual benefits, many states have enacted legislation that may potentially curtail the use of these cards to pay wages, says Caroline Berdzik of Goldberg Segalla LLP.

  • Vessel Owners' Duties To Longshoremen Only Go So Far

    Hansford Wogan

    In Abston v. Jungerhaus Maritime Services, the Fifth Circuit recently held for a vessel owner against a longshoreman injured on the job during heavy rainfall. As the court noted, a vessel owner must exercise reasonable care to prevent injuries in areas under "active control of the vessel," but the owner often relinquishes control to contractors for loading or unloading, says Hansford Wogan of Jones Walker LLP.

  • When 1 Progressive Loss Ends And Another Begins

    William C. Kolb

    In Temperature Service v. Acuity, the Northern District of Illinois recently addressed property insurance claims for damage progressing over the course of multiple policy periods. This decision reiterates that in certain jurisdictions it is possible for progressive loss from a common cause to "commence" more than once for coverage purposes, say William Kolb and Michael Silvestro of Skarzynski Black LLC.

  • How Litigation Funding Is Bringing Champerty Back To Life

    John H. Beisner

    While some courts have declined to apply the common-law doctrine of champerty to invalidate third-party litigation funding agreements, two recent rulings by appellate courts in New York and Pennsylvania have brought renewed attention to champerty principles, casting doubts on the legality of certain forms of third-party litigation funding, say John Beisner and Jordan Schwartz of Skadden Arps Slate Meagher & Flom LLP.

  • Clarifying EEOC’s Obligation For Presuit Conciliation

    Gerald Maatman Jr.

    In U.S. Equal Employment Opportunity Commission v. Bass Pro Outdoor World, a Texas federal court denied the EEOC’s motion for a ruling that would allow it to include discrimination claims in its lawsuit for individuals who had not yet applied to work for Bass Pro. The decision is a positive signal that at least some courts may be unwilling to allow the EEOC to add claimants with whom it never conciliated, say attorneys at Seyfarth Shaw LLP.

  • Attracting And Retaining The Millennial Lawyer

    Christopher Imperiale

    Instead of trying to change the new workforce to follow a law firm's existing processes and procedures, perhaps it's time for firms to start changing their processes and procedures to better accommodate the mentality of this next generation of lawyers, says Christopher Imperiale, a law firm adviser with Berdon LLP.

  • Trump's EPA: Be Careful What You Wish For

    Mitchell J. Klein

    Trying to prognosticate what President-elect Donald Trump will do is very difficult. But assuming he does seek to implement change at the U.S. Environmental Protection Agency, if it's perceived as backing off of environmental enforcement, private parties will step in and cases will likely be even more expensive, more problematic and more unreasonable than those brought by the EPA and the states, says Mitchell Klein of Snell & Wilmer LLP.

  • Update On Statutes Of Limitations In Texas Bad Faith Claims

    Summer L. Frederick

    Under Texas insurance law, provisions regarding accrual have been surprisingly ambiguous despite the Texas Supreme Court's instruction. For this reason, the Fifth Circuit's decision in De Jongh v. State Farm is important because it has provided critical clarity in determining how much time insureds have to file bad faith lawsuits, says Summer Frederick of Zelle LLP.

  • It’s Time To Change The Law Firm Business Model

    Lucia Chiocchio

    Every year, statistics reveal very little change in the number of women and minorities in the ranks of partnership. So how do law firms change this painfully slow rate of progress? It takes more than adding a diversity policy or a women’s leadership program to the current law firm business model, says Lucia Chiocchio, co-chair of Cuddy & Feder LLP's telecommunications and land use, zoning & development groups.