• April 9, 2018

    2 Lender Trade Groups Sue CFPB Over Payday Lending Rule

    Two payday lender trade groups sued the Consumer Financial Protection Bureau over its “draconian” final rule on short-term loans in Texas federal court on Monday, challenging the regulation requiring lenders to evaluate whether borrowers can repay loans because they said the agency overstepped constitutional safeguards.

  • April 9, 2018

    Union Pacific Gets Partial Quick Win In Cleanup Suit

    A federal judge granted Union Pacific Railroad Co. a partial quick win in its suit against Oglebay Norton Co. over liability for environmental cleanup at an El Paso, Texas, metal processing facility, finding Monday that ONC was a potentially responsible party.

  • April 9, 2018

    Polsinelli Taps 2 To Head Global Franchise, Supply Practice

    Polsinelli PC said Friday it has named two lawyers from Gardere Wynne Sewell LLP to co-chair a global franchise and supply network practice out of the law firm’s Dallas and Denver offices, where they will focus on representing domestic and multinational companies in the food, beverage, manufacturing and retail industries.

  • April 9, 2018

    Ex-Texas Congressman's Fraud Case Heads To Jury

    Prosecutors told jurors during closing arguments on Monday in the fraud trial of ex-U.S. Rep. Stephen Stockman, R-Texas, that they had been presented with overwhelming evidence of his guilt in what the government said was a scheme to solicit money under the guise of using it for charity when it actually paid personal and campaign expenses.

  • April 9, 2018

    SEC Accuses Pair Of Raising $3.8M In Ponzi, Drilling Schemes

    The U.S. Securities and Exchange Commission sued two Texas men on Monday, saying they raised $3.8 million from dozens of elderly investors and spent it on themselves while claiming that the money was placed with “safe” real estate and energy investments.

  • April 9, 2018

    Democratic AGs Wade Into Fight Over Future Of ACA

    Democratic attorneys general from 16 states and the District of Columbia asked to intervene in a lawsuit aiming to put an end to the Affordable Care Act, telling a Texas federal judge Monday that their states stand to lose around $500 billion if the challenge to the law is successful.

  • April 9, 2018

    Dallas Restaurateur Says Atty Betrayed Him In Tex-Mex Row

    A Dallas restaurateur embroiled in a dispute with his business partners over the rights to restaurant income and trademarks launched a blistering countersuit Monday, accusing his former lawyer of betraying his trust and stealing secret recipes and other information.

  • April 9, 2018

    Gov't Skirts Regs In Resisting $26M Tax Refund, Oil Co. Says

    The U.S. government is relying on assumptions rather than regulations in arguing that Anadarko Petroleum Corp. doesn’t deserve a $26 million tax refund for losses tied to its assets in Venezuela, the oil company told a Texas federal court on Friday.

  • April 9, 2018

    BIA Expands Decision On Vacated Convictions To 5th Circ.

    Vacated criminal convictions based on errors or other substantive defects may not count against immigrants' eligibility for deportation relief anywhere in the U.S., the Board of Immigration Appeals held Friday, as it extended the legal interpretation it had been applying in every other circuit into the Fifth Circuit as well.

  • April 9, 2018

    AT&T Settles Texas Suit Over Internet Filtering Patent

    AT&T Corp. is finalizing settlement negotiations with an education technology company that accused the telecom giant’s web security services of infringing a once-invalidated patent for filtering internet content, the parties told a Texas federal judge Friday.

  • April 9, 2018

    Morgan Stanley Fund Adds Delaware Basin Assets For $1.75B

    Texas-based natural gas and crude oil midstream company Brazos Midstream Holdings LLC has agreed to sell its Delaware Basin subsidiaries to an investment fund managed by Morgan Stanley Infrastructure Inc. for $1.75 billion, the company said Monday.

  • April 6, 2018

    Willis Tells 5th Circ. $120M Stanford Ponzi Deal Is Best Offer

    Willis Ltd. on Friday slammed a bid by hundreds of investors in the Stanford Ponzi scheme to reverse a $120 million deal settling claims that the broker fraudulently induced their investments, telling the Fifth Circuit that there is a good chance that continued litigation could result in no liability at all for Willis and no payday for investors.

  • April 6, 2018

    Texas Justices OK Penalty For 'King Cobra' Atty In Fee Row

    The Texas Supreme Court on Friday affirmed the discipline levied against a Dallas attorney nicknamed “The King Cobra” who was found to have violated Texas Disciplinary Rules of Professional Conduct by failing to promptly return an “unearned fee” after his client terminated his representation.

  • April 6, 2018

    Texas Claims Sovereign Immunity For Strip Club's Appeal

    The Texas comptroller in the state Court of Appeals on Friday said that the state had sovereign immunity from a strip club’s appeal of assessed sexually oriented business fees, in a case being closely watched by several other strip clubs that have pending state appellate court appeals.

  • April 6, 2018

    Tech Cos. See High Stakes In Row Over Anonymous Reviews

    A “disconcerting” Texas appellate ruling makes it too easy to force online publishers to turn over information about the identity of an anonymous speaker, and the united front that tech companies like Twitter Inc., Yelp Inc. and Reddit Inc. have put forth as amici in arguing it should be overturned could go a long way, media law experts say.

  • April 6, 2018

    Uber, Fund Spar Over Docs In Illicit Biz Practices Suit

    Uber Technologies Inc. and a Texas-based retirement fund on Thursday sparred over the scope of discovery in a proposed class action alleging that the ride-hailing giant and ex-CEO Travis Kalanick's numerous illicit business tactics, corporate bullying, institutionalized harassment and rampant flouting of the law have cost investors billions.

  • April 6, 2018

    PE Firm Rhône Completes $560M Buy Of Fogo De Chão

    Global private equity firm Rhône Capital LLC and Brazilian steakhouse chain Fogo de Chão Inc. said they have completed Rhône’s $560 million all-cash acquisition of Fogo, with the transaction closed and effective as of Thursday.

  • April 6, 2018

    Health Hires: Dentons, Greenberg Traurig, Morgan Lewis

    This round of Health Hires features attorneys with health care and life sciences focuses who recently joined Dentons, Green Griffith & Borg-Breen LLP, Greenberg Traurig LLP, Hall Render Killian Heath & Lyman, Morgan Lewis & Bockius LLP and Tucker Ellis LLP.

  • April 6, 2018

    Split Texas Justices Toss Gym Teacher's Sex Harassment Suit

    A split Texas Supreme Court on Friday tossed a gym teacher's sexual harassment and retaliation claims against Alamo Heights Independent School District, holding there wasn't enough evidence to support her claims that the alleged harassment she endured by superiors of the same sex constituted discrimination based on gender.

  • April 6, 2018

    Texas Gov. Says US Needs Investor Protections In NAFTA

    Texas' governor has urged the country's trade representative to preserve two provisions in the North American Free Trade Agreement deemed critical to the state and nation's economic health, including a rule giving investors the right to raise business disputes with governments that's fallen in the crosshairs of the Trump administration.

Expert Analysis

  • Lessons Learned From The Oil Patch Blues

    Tom Howley

    Now that crude oil prices appear to have stabilized, previously restructured oil and gas companies are once again looking to increase production and expand their asset bases. Bankruptcy created a competitive advantage for many reorganized entities, while companies that did not file are still in damage control, say attorneys with Jones Day.

  • Avoid Getting A Plaintiff's Fingerprint Pointed At You

    Stephanie Sheridan

    Over the last year or so, what began as a handful of cases under the little-known lllinois Biometric Information Privacy Act has evolved into a wave of well over 30 cases against some of the world’s largest companies. However, a recent decision from the Illinois Court of Appeals could potentially stifle the growing momentum, say Stephanie Sheridan and Meegan Brooks of Steptoe & Johnson LLP.

  • Post-Octane Fitness Considerations In East Texas

    Kathleen Ryland

    In the wake of the U.S. Supreme Court’s seminal 2014 ruling in Octane Fitness, requests for attorneys’ fees have become increasingly popular. Recent statistics show that prevailing patent litigants in the Eastern District of Texas are requesting fees three times more often than they did pre-Octane Fitness, but the requests are granted at approximately the same rate as before, says ​​​​​​​Kathleen Ryland of Fisch Sigler LLP.

  • Why Machine Learning Should Matter To Lawyers

    Dan Puterbaugh

    Legal leaders who want to meet their clients' expanding expectations should start moving their documents to future-ready document management solutions now if they want to stay competitive in the next few years, says Dan Puterbaugh of Adobe Systems Inc.

  • So Far, So Right — Menchaca Has Not Changed Appraisal Law

    Victoria Vish

    Ten months ago, the Supreme Court of Texas issued an opinion in USAA v. Menchaca, which some claimed would change the course of Texas precedent regarding extracontractual liability. As predicted in a previous Law360 guest article, however, the decision has yet to disturb the finality of an appraisal award, says Victoria Vish of Zelle LLP.

  • Understanding Texas Mechanic's Liens And Bonds: Part 3

    Excerpt from Lexis Practice Advisor

    Texas is home to relatively complex statutory frameworks for liens and bonds used to secure payment for services rendered. Statutory and constitutional liens provide powerful remedies for nonpayment, but only if the proper guidelines are strictly observed, says David Tolin of Cokinos Young in the final part of this article.

  • Understanding Texas Mechanic's Liens And Bonds: Part 2

    Excerpt from Lexis Practice Advisor

    Texas is home to relatively complex statutory frameworks for liens and bonds used to secure payment for services rendered. Statutory and constitutional liens provide powerful remedies for nonpayment, but only if the proper guidelines are strictly observed, says David Tolin of Cokinos Young in the second part of this article.

  • 5th Circ. Adds To Split On Review Of Jury Instruction Errors

    Andrew Goldsmith

    Several circuits have taken different approaches on how to assess the prejudice caused by erroneous jury instructions on a criminal defendant’s principal trial theory when the defendant challenges the instructions for the first time on appeal. The latest decision is from the Fifth Circuit, in U.S. v. Fairley, says Andrew Goldsmith of Kellogg Hansen Todd Figel & Frederick PLLC.

  • Understanding Texas Mechanic's Liens And Bonds: Part 1

    Excerpt from Lexis Practice Advisor
    David Tolin

    Texas is home to relatively complex statutory frameworks for liens and bonds used to secure payment for services rendered. Statutory and constitutional liens provide powerful remedies for nonpayment, but only if the proper guidelines are strictly observed, says David Tolin of Cokinos Young.

  • Tension Over 'Place Of Business' Timing For Patent Venue

    Brian Kwok

    Post-TC Heartland, an increasingly common venue dispute revolves around whether a patent defendant must have its "regular and established place of business" in the judicial district when filing the complaint, or only when the alleged act of infringement occurred. Two recent district court decisions appear to answer this question differently, say Brian Kwok and Winnie Wong of Haynes and Boone LLP.