Texas

  • August 11, 2017

    Baylor Waived Privilege On Parts Of Pepper Hamilton Report

    Baylor University waived its attorney-client privilege tied to a Pepper Hamilton LLP investigation of sexual assaults at the school by disclosing findings and conclusions from the firm’s report, but can still assert work-product privilege to keep a majority of the report confidential, a Texas judge held Friday.

  • August 11, 2017

    NFL Suspends Star 6 Games Over Domestic Violence Policy

    The NFL on Friday suspended Dallas Cowboys star second-year running back Ezekiel Elliott for six games for violating the league’s personal conduct policy due to allegations of domestic violence, with the decision coming after the league said it had consulted an external advisory panel that included Mary Jo White, a former U.S. Securities and Exchange Commission chair and U.S. attorney.

  • August 11, 2017

    2 PE-Backed Energy Cos. File IPOs Totaling $200M

    Preferred Sands Inc., a KKR & Co. LP-backed supplier of fracking sand to oil and gas companies, on Thursday filed a preliminary $100 million initial public offering, making it the second energy-related issuer to join the IPO pipeline over the past week, preceded by oil field services company Quintana Energy Services Inc.

  • August 11, 2017

    5th Circ. Upholds Convictions In H-1B Visa Fraud Case

    The Fifth Circuit on Thursday upheld the convictions of two brothers who abused the H-1B system by bringing in workers without lining up jobs for them, saying the men's objections to the trial court's judgment were non-starters.

  • August 10, 2017

    Group Says Landry's Appeal In Tiger Suit Should Be Tossed

    The Animal Legal Defense Fund told a Texas appellate court that it has no reason to hear an appeal from Landry's Inc. and its Houston Aquarium restaurant in its suit alleging it was defamed regarding its treatment of white tigers at the restaurant, because the trial court properly tossed the claim under a state free speech law. 

  • August 10, 2017

    Law Firm Accuses Litigation Funder Of Witness Intimidation

    Texas and New York firm Berg & Androphy has accused a litigation funding company of pressuring another law firm to back out of a planned deposition in an ongoing dispute over the repayment of a litigation loan.

  • August 10, 2017

    Mexican Firm Can't Ditch Celanese Smear Campaign Claims

    A Texas appellate court said Celanese Corp. can move forward with a lawsuit in Texas against a Mexican businessman and a Mexico-based law firm the company claims directed a U.S.-based publicist to disseminate defamatory statements in Texas.

  • August 10, 2017

    Excess Director Pay Claims Are Insurable, 5th Circ. Told

    Oceaneering International Inc. and its directors on Wednesday urged the Fifth Circuit to reverse a ruling saying that Twin City Fire Insurance Co. doesn't have to cover the potential settlement of a shareholder derivative action alleging that the directors received excessive compensation, contending that such a deal is insurable under Texas law.

  • August 10, 2017

    Houston Couples Sue To Defend Same-Sex Spouse Benefits

    Three married couples filed a federal lawsuit Thursday against Houston Mayor Sylvester Turner and the city of Houston asking the court to preserve health coverage and benefits for same-sex spouses of city employees, arguing that after a recent Texas Supreme Court ruling those benefits are in jeopardy.

  • August 10, 2017

    Charity Drops Suit Against NFL Over Bowling Event Move

    A nonprofit suing the NFL in Texas federal court over fraud allegations related to the relocation of a charity bowling event from a Las Vegas casino to a smaller establishment said Thursday it will drop its claims against the league.

  • August 10, 2017

    Petrobras Says Don't Pause $400M Suit For Arbitration

    Petrobras America Inc. and certain underwriters at Lloyd's of London urged a Texas federal court on Wednesday not to send to arbitration their $400 million dispute with Vicinay Cadenas SA over an allegedly defective component used in Petrobras’ offshore oil and gas operations, saying Petrobras never signed the underlying arbitration clause.

  • August 10, 2017

    5th Circ. Tosses Stay In Enviros' Barge Facility Suit

    The Fifth Circuit on Wednesday revoked a lower court’s injunction on operations of a Texas industrial barge facility whose approval has been rescinded by the U.S. Army Corps of Engineers, saying the group’s arguments for a stay pending a review of mooring removals fail on all fronts.

  • August 10, 2017

    5th Circ. Upholds Arbitration Order In Nigeria Oil Dispute

    The Fifth Circuit on Wednesday upheld a Texas federal court’s decision to send to arbitration a Nigerian oil company’s $1.6 billion fraud lawsuit against energy giant Chevron, finding that their arbitration agreement falls under an international enforcement treaty, even if all the parties involved might be U.S. entities.

  • August 10, 2017

    Cabbie Says Law Firm Represented Both Sides In Crash Suit

    A Houston cab driver filed a lawsuit in Texas state district court Wednesday against the law firm Pagel Davis & Hill PC, telling the court the firm wrongly represented adverse parties — him and the company he worked for — in an underlying suit stemming from a car crash.

  • August 10, 2017

    Single-Family REITs Form $11B Giant In Merger Of Equals

    Private equity-backed Invitation Homes and fellow single-family real estate investment trust Starwood Waypoint Homes on Thursday unveiled plans to form an $11 billion industry heavyweight through a tax-free, all-stock merger of equals.

  • August 10, 2017

    5th Circ. Panel Rules In Favor Of Mandatory Class Waiver

    A Fifth Circuit panel on Wednesday found a medical transport service didn’t violate the National Labor Relations Act by forcing employees and job applicants to waive their right to participate in class or collective actions against the company, saying it is bound by its own precedent.

  • August 9, 2017

    Texas’ Sanctuary City Suit Against Austin Dismissed

    A Texas federal judge Tuesday tossed the state's preemptive lawsuit against numerous municipalities seeking a declaration that the newly passed "sanctuary cities" law is constitutional, ruling that because the law is not yet in effect, the municipalities can’t have violated it.

  • August 9, 2017

    San Antonio River Authority Can't Ditch Dam Repair Suit

    The San Antonio River Authority waived its governmental immunity and can't avoid arbitration with contractors who say they were underpaid for a $10 million repair project involving the Medina Lake Dam, a Texas appellate court held Wednesday.

  • August 9, 2017

    T-Mobile Accused Of Infringing 4 Patents With LTE Network

    Intellectual Ventures accused T-Mobile and Ericsson of infringing four of its patents related to wireless transmission with their growing Long Term Evolution network in a suit filed Wednesday in Texas federal court. 

  • August 9, 2017

    States Urge Justices To Take On Calif. Tribal Water Ruling

    The attorneys general of Nevada and nine other states urged the U.S. Supreme Court on Tuesday to hear a bid by two California water agencies to overturn a Ninth Circuit ruling that the Agua Caliente Band of Cahuilla Indians’ federal water rights include groundwater, saying the decision would upset the states’ carefully crafted water management plans.

Expert Analysis

  • How Midsize Law Firms Can Minimize Cybersecurity Threats

    K. Stefan Chin

    It can be challenging for midsize law firms to develop an enterprise cybersecurity program that mitigates the eminent threat of data breach and meets the regulatory and compliance requirements of the firm and its clients. This challenge becomes daunting when considering the steady rise in client audits, say K. Stefan Chin of Peckar & Abramson PC and John Sweeney of Logicforce.

  • Heller Sequels And 2nd Amendment, Still Undecided: Part 1

    Robert Ludwig

    In the first installment of this three-part series, attorney Robert W. Ludwig takes a deep dive into the controversial history of Second Amendment jurisprudence.

  • Why Amazon Is Taking To The Skies

    Dana Hobart

    Logistics companies like FedEx and UPS are considering holiday surcharges to help deliver the dizzying number of packages consumers buy online. The launch of Amazon's dedicated air cargo fleet will allow the e-commerce giant to hold its own shipping prices steady, and may portend a day when it cuts out the middlemen entirely, says Dana Hobart of Buchalter.

  • Weekly Column

    Innovating For Wise Juries: Matching Experts

    Stephen Susman

    In the penultimate installment of this series, Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project answer a question on many legal analysts’ minds: What if both sides’ expert witnesses sat in a hot tub discussing the case while a jury watched?

  • Rebuttal

    The Rise Of Midsize Firms

    Ronald Shechtman

    Recently, this publication featured an op-ed in which one law firm partner contended that midsize firms will be the next casualty of the legal market, due to a supposed inability to compete with BigLaw or boutique firms for business. Though we can expect to see Am Law firms continue to lead the market in megadeals and life-or-death litigations, by all indications midsize is on the rise, says Ronald Shechtman of Pryor Cashman LLP.

  • War Of The Employment Class Waivers: 6th Circ. Weighs In

    Jeffrey Ranen

    With its recent decision in National Labor Relations Board v. Alternative Entertainment, the Sixth Circuit created an even three-to-three circuit split over the enforceability of class action waivers in employment arbitration agreements. Jeffrey Ranen and William Sung of Lewis Brisbois Bisgaard & Smith LLP examine the divide in the circuit courts up to this point, and predict how the U.S. Supreme Court will rule on this issue.

  • Texas High Court Ruling Sows Confusion On Mineral Deeds

    Thomas Ciarlone Jr.

    In June, the Texas Supreme Court disturbed long-standing rules for interpreting mineral deeds and conveyances in its decision in Wenske v. Ealy. This ruling has the potential to open the floodgates to a large volume of new litigation challenging the allocations of royalty burdens among mineral lessors, says Thomas Ciarlone Jr. of Kane Russell Coleman Logan PC.

  • 5 Questions To Ask Yourself Before Submitting Litigation AFA

    Gregory Lantier

    Outside counsel should be able to articulate why she is proposing an alternative fee arrangement for this matter. If the client has not requested an AFA or the case is unusually difficult to budget with accuracy, this might not be the case to propose an AFA, say attorneys with WilmerHale.

  • How Mobile Apps Can Benefit Your Practice

    Sean Cleary.jpg

    Despite the boom in mobile application development, many lawyers are still reluctant when it comes to using apps in their daily work. Attorney Sean Cleary explores the benefits and shares some recommendations for apps geared toward attorneys.

  • Rebuttal

    The Future Of Litigation Finance Is Analytics

    Eva Shang

    In a recent Law360 guest article, Christopher Bogart of Burford Capital LLC claimed that "while theoretically well designed to find the proverbial needle in a haystack, big data and AI currently lack the ability to do so usefully in a commercial litigation financing context." But AI can manage many of the tasks that litigation financiers would otherwise perform, says Eva Shang, co-founder of Legalist Inc.