• November 3, 2017

    REIT Says Del. Suit Should Take Backseat To Texas Actions

    A real estate investment trust and its partners told a Delaware Chancery judge on Friday that a putative class action brought by two members over an alleged $1 billion Ponzi scheme should be halted in favor of a series of actions over similar claims brought in Texas federal court.

  • November 3, 2017

    DLA Piper Picks Up Energy Litigator From LyondellBasell

    The former head of global litigation at LyondellBasell joined DLA Piper’s Houston office, where he’ll handle complex commercial litigation focused on the energy industry, the firm announced Thursday.

  • November 3, 2017

    Texas Justices Deny Doctor's Bid To Flee Leg Surgery Case

    The Texas Supreme Court on Friday denied an orthopedic surgeon's request to review a lower appellate court's August ruling that he must face a negligence suit brought by a patient who claims that an improper delay in a surgery caused him serious leg injuries.

  • November 3, 2017

    Proskauer Escapes $5B Stanford Ponzi Suit

    A federal judge in Texas on Thursday granted Proskauer Rose LLP's request to dismiss a $5 billion class action suit brought by a group of Texas investors accusing the law firm of fostering the $7 billion Robert Allen Stanford Ponzi scheme, finding that the firm is entitled to attorney immunity.

  • November 3, 2017

    Taxation With Representation: Skadden, Davis, Kirkland

    In this week’s Taxation With Representation, Novartis bought Advanced Accelerator Applications for $3.9 billion, Lennar Corp. acquired CalAtlantic for $9.3 billion, Permira scooped up Duff & Phelps Corp. for $1.75 billion, and Vistra bought Dynegy to create a $20 billion powerhouse.

  • November 3, 2017

    Vintage Capital Makes Lower $693M Bid For Rent-A-Center

    Florida-based Vintage Capital lobbed a smaller, $693 million bid at Rent-A-Center on Friday, after the Texas-based rent-to-own company earlier this week said it was pursuing strategic alternatives amid pressure from a pair of activist investors.

  • November 3, 2017

    Cowboys' Elliott To Play Sun. As 2nd Circ. Expedites Appeal

    The U.S. Court of Appeals for the Second Circuit has granted Dallas Cowboys running back Ezekiel Elliott's bid to temporarily block his six-game suspension for domestic violence, allowing him to play in Sunday’s game against the Kansas City Chiefs.

  • November 2, 2017

    Lab That UnitedHealth Accused Of Fraud Sues Lloyd's

    Next Health LLC sued insurer Lloyd’s of London on Thursday in Texas state court over its refusal to cover a row with insurer UnitedHealthcare over some $36 million worth of lab testing, partially linked to fraud allegations against a Next Health client.

  • November 2, 2017

    'As Seen On TV' Seller Trims Patent Suit Over Balloon Toy

    A Texas federal judge has agreed to toss a retailer's bid for certain lost profits in a suit alleging that Telebrands Corp. infringed patents covering a water balloon toy, finding that the retailer couldn’t show the kind of licensing rights necessary to back those claims.

  • November 2, 2017

    NFL Tells 2nd Circ. Elliott Injunction Would Undermine CBA

    The NFL urged the Second Circuit on Thursday to reject a bid by Dallas Cowboys running back Ezekiel Elliott to block his domestic violence suspension pending appeal, arguing that such a ruling could cripple the enforceability of a collective bargaining agreement.

  • November 2, 2017

    Insurer Claims Lies Nix Duty To Defend In $100M Fraud Row

    Insurer Hiscox Dedicated Corporate Member asked a Texas federal judge on Thursday for a ruling that it doesn't have to cover litigation costs for Next Health LLC in a suit alleging the health care group and its subsidiaries illegally billed $100 million in lab services because Next Health lied on its policy application.

  • November 2, 2017

    Mass. Law Firm Knocks Out Ruling Voiding Its Client Contract

    A Texas appellate court on Wednesday reversed a finding that a Massachusetts law firm’s engagement agreement with a Texas couple is void as a matter of public policy, sending a dispute over whether the firm earned a fee for its work on a medical malpractice claim back to a trial court.

  • November 2, 2017

    Texas Court Sides With Convict In Contract Dispute With Atty

    A Texas appellate court on Thursday rejected a criminal defense attorney’s argument that a trial court wrongly sided with his former client in a breach of contract case stemming from his representation, holding that the attorney’s interpretation of the governing doctrine could create a “disincentive” to diligently represent criminal defendants.

  • November 2, 2017

    Biz Groups Drop Challenge To Dead CFPB Arbitration Rule

    Just a day after President Donald Trump nullified a Consumer Financial Protection Bureau arbitration rule that would have allowed customers to file class action lawsuits against financial firms, business groups that sued to overturn the rule dropped their litigation over the regulation.

  • November 2, 2017

    Cookie Maker Has To Share 'Nana,' TM Suit Says

    Granola company Nana Joes LLC filed suit in Texas federal court Wednesday challenging trademarks held by Nana’s Cookie Company, contending that the cookie maker doesn’t have a monopoly on the word “nana” and can't come after it for infringement because there’s no risk of confusion between their products.

  • November 2, 2017

    Ex-Baylor Employee's Testimony Limited Over Student Info

    A Texas federal judge said Wednesday that a former Baylor University employee slated to be deposed in a lawsuit by 10 former students over the university’s response to sexual assault reports cannot reveal identifying information about students who are not involved in the case until the court reviews it first.

  • November 1, 2017

    Texas Bank Fined $2M In FinCEN Money Laundering Probe

    The Financial Crimes Enforcement Network said Wednesday that Lone Star National Bank has agreed to a $2 million penalty for violating anti-money laundering laws in its relationship with a Mexican bank, saying the small Texas lender wasn’t prepared to offer correspondent banking.

  • November 1, 2017

    NFL Players Union Asks 2nd Circ. To Keep Elliott Playing

    The NFL players union is refusing to back down in its quest to keep Dallas Cowboys running back Ezekiel Elliott on the field this season amid a legal challenge to his domestic violence suspension, arguing to the Second Circuit that Elliott would face irreparable harm if forced to sit, particularly given the short careers of NFL running backs.

  • November 1, 2017

    Ex-Apache Corp. Engineer Settles SEC Claims For $436K

    A former Apache Corp. engineer will pay $436,000 to settle claims he made insider trades in Apache stock ahead of a big announcement about a new source of oil being developed by the company, the U.S. Securities and Exchange Commission said Wednesday.

  • November 1, 2017

    Malls Ask Texas Justices To Hear Hurricane Coverage Row

    The owner of two Houston-area shopping malls urged the Texas Supreme Court on Tuesday to review an appellate panel's ruling affirming that Fireman's Fund Insurance Co. doesn't owe additional coverage on the malls' claims for Hurricane Ike damage, saying the lower court's findings conflict with a recent precedential decision from the high court.

Expert Analysis

  • 5 Tips To Ensure Proper Deposition Behavior

    Brian McDermott

    If conducted properly, depositions can be a powerful tool. At times, though, opposing counsel employ tactics to impede the examiner’s ability to obtain unfiltered, proper testimony from the deponent. By knowing and effectively using applicable rules and case law, however, deposing attorneys can take specific steps to combat these tactics, say attorneys with Ogletree Deakins Nash Smoak & Stewart PC.

  • Series

    Judging A Book: Tunheim Reviews 'Miles Lord'

    Chief Judge John Tunheim

    Litigator Roberta Walburn’s rollicking new book, "Miles Lord: The Maverick Judge Who Brought Corporate America to Justice," is a really good read — a fascinating story about a life lived in the heat of battle and usually at the edge of what might have been considered appropriate for a federal judge, says Chief U.S. District Judge John Tunheim of the District of Minnesota.

  • Technology Assisted Review Can Work For Small Cases


    For as long as e-discovery lawyers have been using technology assisted review, a belief has persisted that it cannot be used economically or effectively in small cases. But TAR can be highly effective in small cases, typically reducing the time and cost of a review project by 60 to 80 percent, say John Tredennick, Thomas Gricks III and Andrew Bye of Catalyst Repository Systems LLC.

  • Hurricane Harvey Will Test The Public Necessity Doctrine

    Katherine David

    In the aftermath of Hurricane Harvey, Texas state and federal courts will have to tackle the question of whether landowners are entitled to compensation following the government's decision to open the Addicks and Barker reservoirs, causing some homes to be flooded, say attorneys with Gardere Wynne Sewell LLP.

  • New Sedona Principles Stress Information Governance

    Saffa Sleet

    The Sedona Conference Working Group's updated Sedona Principles provides a timely reminder that the legal industry needs to be thinking more seriously about the interconnectedness between e-discovery and information governance, says Saffa Sleet of FTI Consulting Inc.

  • TC Heartland And Its Aftermath: A Litigant’s View

    James Dabney

    The U.S. Supreme Court's decision in TC Heartland is rightly treated as having changed patent venue law, as illustrated by the Federal Circuit's recent Cray decision, says James Dabney, co-head of Hughes Hubbard & Reed LLP’s intellectual property practice group and counsel for TC Heartland.

  • 4 Employer Concerns During And After Natural Disasters

    Shira Yoshor

    It seems natural disasters have dominated the news in the past month, and employers have to know how far they must go to help during these difficult times. Questions about payment of wages, the Family and Medical Leave Act, accommodation for stress, and disaster-related health issues are just a few of the concerns employers must confront in the face of a storm or other major disruptive event, says Shira Yoshor of Greenberg Traurig LLP.

  • Rain, Rain, Go Away, Don’t Flood Again In Texas Any Day

    Michael Upshaw

    While there will likely be insurance disputes as to whether claimed damage from Hurricane Harvey is excluded by an insurance policy’s water exclusion, “flood water” and “surface water” have established definitions in Texas courts and the anti-current causation clause has clear precedent to help decide whether these exclusions apply, say Michael Upshaw and Shannon O'Malley of Zelle LLP.

  • Opinion

    For More Value And Diversity In Outside Counsel, Go Small

    Sara Kropf

    Albert Einstein famously said, “The definition of insanity is doing the same thing over and over again, but expecting different results.” That maxim applies to large companies that seek more value and diversity from their outside counsel by expecting big firms to change. There’s a simple solution to this problem, according to attorneys Margaret Cassidy, Sara Kropf and Ellen D. Marcus.

  • Exploring Insurance Recovery Paths After Major Disasters

    Rukesh Korde

    While many businesses understandably focus on their traditional coverages, first-party property insurance policies sold to commercial policyholders often contain common extensions that may provide additional paths to recovery for storm losses from Harvey and Irma, say Rukesh Korde and Teresa Lewi of Covington & Burling LLP.