Texas

  • March 20, 2017

    Jones Walker Dodges DQ Bid In Contract Row

    Jones Walker LLP on Friday escaped a bid to disqualify it from representing Freeport-McMoRan Oil & Gas LLC in a breach of contract suit in which Magnolia Global Technology LLC said it is owed about $4.6 million, with a magistrate judge ruling that Magnolia failed to show an attorney-client relationship between its president and the firm.

  • March 17, 2017

    Hague Treaty Allows Process Service By Mail, Justices Told

    A splash pad company continues to argue that the Hague Service Convention permits service of process abroad by mail in its most recent U.S. Supreme Court brief, blasting arguments opposing its efforts to revive a dormant Texas trade secrets case by calling those contentions a “red herring.”

  • March 17, 2017

    Texas Nurse Pleads Guilty To Role In $5M Medicare Fraud

    A Houston-area nurse on Friday pled guilty to his role in a $5 million Medicare fraud scheme involving home health care providers, the U.S. Department of Justice said Friday.

  • March 17, 2017

    Taxation With Representation: Paul, Weil, Gibson, Cravath

    This week's Taxation With Representation sees a private equity firm buying an air medical transportation company for $2.5 billion, Euronet making a $1 billion competing bid for MoneyGram and Vista Equity Partners purchasing DH Corp. for CA$4.8 billion ($3.6 billion).

  • March 17, 2017

    La. Levee Board Asks 5th Circ. To Rethink Coastal Harm Suit

    A Louisiana state levee board on Friday asked the Fifth Circuit to reconsider its decision to uphold a lower court’s decision that tossed its multibillion-dollar suit against 88 energy companies including BP PLC, Chevron Corp. and ConocoPhillips Co. over alleged oil and gas drilling damage to coastal ecosystems.

  • March 17, 2017

    Ex-Texas Rep. Arrrested For Diverting Funds To Campaign

    A former Texas congressman is facing charges that he illegally funneled charitable donations to fund his campaign, according to documents detailing the FBI's investigation into the 2013 events that were unsealed on Friday following his arrest.

  • March 17, 2017

    Ex-Texas Rep. Loses Appeal Of Law License Suspension

    A former U.S. Congressman from Texas lost his bid for a new trial related to the suspension of his law license and sanctions, with an appellate court on Friday holding that the evidence of his poor representation of clients — including the lawyer's own testimony — was sufficient to support the outcome.

  • March 17, 2017

    Texas Seeks Review Of Rule On Underground Gas Storage

    The state of Texas petitioned the Fifth Circuit on Friday to review an interim final rule from the Pipeline and Hazardous Materials Safety Administration that created new safety standards for underground natural gas storage facilities, saying the rule-making was an abuse of discretion.

  • 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.

Expert Analysis

  • 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.

  • A Regulatory Play-By-Play Of The Super Bowl Drone Show

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    Super Bowl viewers may have wondered what type of legal approvals were needed to enable the massive display of 300 choreographed drones that kicked off Lady Gaga’s halftime show. In fact, a tape delay and a special waiver of the Federal Aviation Administration's Part 107 regulations were required to make the performance work, say Anna Gomez, Joshua Turner and Sara Baxenberg of Wiley Rein LLP.

  • Opinion

    Lawyers Cannot Stay Silent While Trump Belittles The Courts

    Alexandra Wald

    This is not the first time that a president has criticized the judiciary. But what is unique about President Donald Trump's attacks is that they target not just a specific decision, but the judiciary and its decision-making power altogether. Every lawyer, regardless of political persuasion, must speak up, says Alexandra Wald of Cohen & Gresser LLP.

  • Marketing Basics For Solo Practitioners And Small Law Firms

    Matthew Horn

    There is no question that solo practitioners and small law firms need to spend the majority of time on legal work, but in order to achieve sustainable growth, marketing should not be a secondary task “put-off” until you have some free time, says Matthew Horn, founder of Legal Services Link LLC.

  • State AGs Can Enforce Emoluments Clause Against Trump

    Jed Shugerman

    Many argue that President Donald Trump is violating the Constitution's emoluments clause, because foreign states and officials are making payments to Trump through his businesses. Quo warranto — an obscure legal procedure previously used by "birthers" against President Obama — empowers state attorneys general to pursue Trump's business entities for emoluments clause violations, says Jed Shugerman of Fordham University Law School.

  • Don't Overlook Pleading Challenges In State Pharma Suits

    John DeBoy

    The U.S. Supreme Court’s Twombly and Iqbal decisions released a torrent of challenges to the sufficiency of plaintiffs’ pleadings in federal court, including in pharmaceutical product liability cases. This strategy has been less common in state courts, but it can help pharmaceutical defendants narrow the scope of litigation and educate the court on important issues, say John DeBoy and Annie Wang of Covington Burling LLP.