• February 7, 2017

    Major Cos. Push High Court For Stricter Patent Venue Rules

    Scores of companies — including tech giants, retailers, banks and generic-pharmaceutical makers — have urged the U.S. Supreme Court to restrict where patent suits can be filed, with many saying the concentration of cases in the Eastern District of Texas is unfair to accused infringers.

  • February 7, 2017

    Texas High Court Told To Nix Attys' Fee Discovery Ruling

    National Lloyd's Insurance Co. on Tuesday urged the Texas Supreme Court to upend a lower court ruling compelling discovery of its attorneys’ fee information in litigation with property owners who allege the insurer underpaid their damage claims, contending that information is privileged.

  • February 7, 2017

    Enviros Ready In Bid To Block $500M Austin Hwy Projects

    Residents and advocacy groups urged a federal judge Monday to vacate the approvals that cleared the way for the start of construction on a $500 million Austin, Texas, mega-highway improvement project they claim officials unlawfully separated into three projects to dodge the National Environmental Policy Act.

  • February 7, 2017

    Bell Nunnally Adds Employment Partner From Andrews Kurth

    Bell Nunnally & Martin LLP has added a labor and employment partner to its Dallas office from Andrews Kurth Kenyon LLP who advises clients on a broad array of employment matters and is an active commercial litigator.

  • February 7, 2017

    EOIR Swears In A Dozen Immigration Judges

    The U.S. Department of Justice’s Executive Office for Immigration Review on Monday said it had sworn in 12 immigration judges who will begin hearing cases this month in California, Colorado, Florida, New York, Texas and Virginia.

  • February 7, 2017

    Auto Insurer Says Policy Doesn’t Cover Porta-Potties

    State Automobile Mutual Insurance Co. is asking a Texas federal court to let it off the hook in defending a construction company that is being sued for negligence after a man was hit by a truck upon exiting one of its porta-potties, claiming that the State Auto policy doesn’t cover the incident.

  • February 6, 2017

    Winston & Strawn Launches Dallas Office With 21 Partners

    Winston & Strawn LLP announced Monday it is launching a new office in Dallas with 21 partners from eight firms, adding major depth to its private equity, real estate, white collar and complex litigation practices, as well as adding two partners in Houston.

  • February 6, 2017

    Gibson Dunn To Launch Energy-Focused Houston Office

    Gibson Dunn will open a Houston office focused on high-end energy transactions in the traditional oil and gas sector, with eight partners joining from leading law firms and from an in-house position, the firm announced Monday.

  • February 6, 2017

    Crestwood Merger Settlement Was Beneficial, 5th Circ. Told

    A unitholder involved in a 2015 settlement reached just before two Crestwood master limited partnerships combined into a single entity told the Fifth Circuit on Friday the agreement should be upheld in the face of a challenge alleging the only people who benefited were the lawyers.

  • February 6, 2017

    Jefferies Sues To Halt FINRA Arbitration Over Stock Drop

    The Jefferies Group investment bank is arguing that shareholders who bought stock in a since-failed biotech company because of the firm’s recommendation cannot force it into arbitration before the Financial Industry Regulatory Authority over the stock's loss of value, according to a suit filed Friday in Texas federal court.

  • February 6, 2017

    Justices Urged To Overrule Patent Venue 'Reintrepretation'

    TC Heartland fired its opening shot in a U.S. Supreme Court case that seeks restrictions on where patent lawsuits can be filed, arguing the case was “extraordinary” because it presented a question the high court specifically answered almost 60 years ago.

  • February 6, 2017

    Trans Prof Slams Bid To Toss Her From Bathroom Rule Row

    A transgender professor on Monday defended her right to join a Fifth Circuit appeal in which Texas, Oklahoma and other states are challenging an Obama administration guidance allowing students to use the restrooms that match their gender identity, saying she has a “unique entanglement” in the matter.

  • February 6, 2017

    OSHA Wins Partial Toss Of Business Org's Union Access Suit

    A federal judge in Texas on Friday determined that the Occupational Health and Safety Administration's new rule allowing union officials to join in on walkabouts does not violate the Administrative Procedure Act, dismissing the National Federation of Independent Business claim while allowing the remainder of the underlying lawsuit to proceed.

  • February 6, 2017

    Syringe Co. Asks Justices To Review $340M Antitrust Reversal

    Syringe maker Retractable Technologies Inc. has urged the U.S. Supreme Court to review the reversal of a $340 million award for antitrust and false advertising claims against rival Becton Dickinson & Co., saying false commercial speech is anti-competitive.

  • February 6, 2017

    Texas Jury Awards $2.3M In Internet Marketing TM Row

    A Texas federal jury on Monday found that a principal of an Internet ad placement company spoofed a competitor and interfered with its client contracts by committing click fraud, awarding $2.3 million.

  • February 6, 2017

    2 Men Enter, 1 Man Leaves In KBR Kickback Case

    A Fifth Circuit panel halved a government kickback judgment against KBR Inc. Friday in a published opinion concluding only one of two employees had the authority to act on the company's behalf when taking alleged bribes from a U.S. Army subcontractor.

  • February 3, 2017

    Vinson & Elkins Matches Cravath With Texas-Sized Bonuses

    Houston-headquartered Vinson & Elkins LLP has told its associates it is matching the bonuses doled out by elite New York City firms, ranging from $15,000 to $100,000 plus more for higher performers, according to a memo published online Friday. 

  • February 3, 2017

    Texas Jury Finds Security Patent Valid But Not Infringed

    A Texas federal jury determined Friday that software developer e-Watch Corp. did not directly infringe a security systems patent and that it had a sufficient written description and was not anticipated by prior art.

  • February 3, 2017

    XTO Can't Force Joinder In Barnett Shale Royalty Suit

    The Texas Supreme Court on Friday revived a Barnett Shale mineral royalty dispute against ExxonMobil Corp. unit XTO Energy Inc., holding the case had wrongly been dismissed after XTO argued 44 neighboring landowners had a potential claim to the royalties.

  • February 3, 2017

    Yeti Settles Trade Dress Suits Over Look-Alike Coolers

    High-end cooler maker Yeti Coolers LLC has reached a settlement to drop a handful of lawsuits accusing rival company RTIC Coolers LLC of infringing its trade dress by selling look-alike coolers, according to a document filed in Texas federal court on Friday.

Expert Analysis

  • EPA's New Risk Management Rule Is Here ... For Now

    Michael Reer

    After the 2013 explosion at a fertilizer facility in Texas, President Obama signed an executive order requiring federal agencies to identify improvements to risk management practices. In response, the U.S. Environmental Protection Agency has just published a final rule amending its Risk Management Program regulations. But changes to the Congressional Review Act could affect the rule's future, says Michael Reer of Harris Finley & Bogle PC.

  • Avoiding The Hidden Costs Of Bargain-Priced E-Discovery

    Michael Cousino

    Many organizations are interested in finding electronic discovery partners who offer tantalizingly low prices for electronic discovery services. However, unforeseen gaps, lax security practices, ignorance of global practices and delayed deliverables can all add up to a surprisingly large final cost, says Michael Cousino of Epiq Systems.

  • My Strangest Day In Court: When The Witness Died

    Tom Melsheimer

    Just before walking into court to begin jury selection, I learned from the case agent that a key witness had been found dead over the weekend. During the trial, it was not easy to keep the murdered witness out of my mind, especially with the defendant icily staring at me every time I got up to speak, recalls Tom Melsheimer of Fish & Richardson PC.

  • Native American Cases To Watch In 2017

    Thomas F. Gede

    The current eight-member U.S. Supreme Court will examine two Native American cases early this year, and may hear additional cases following the confirmation of a ninth justice. Thomas Gede of Morgan Lewis & Bockius LLP discusses the most important cases to pay attention to, including Lewis v. Clarke and Lee v. Tam.

  • Saving Lawyers 1 Breath At A Time: Mindfulness In The Law

    Jennifer Gibbs

    As critical as lawyers are to society, they are reported to be the most frequently depressed occupational group in the United States. In response to the inherently stressful nature of the practice of law, more and more lawyers are turning to an ancient contemplative practice called “mindfulness,” says Jennifer Gibbs of Zelle LLP.

  • Understanding How Blockchain Could Impact Legal Industry

    R. Douglas Vaughn

    Blockchain is essentially a computerized public ledger that can apply to almost anything that a person might save into a database or spreadsheet. This versatile technology may enhance the legal industry by providing an improved record keeping system, setting up "smart contracts" and tracking intellectual property and land records, say R. Douglas Vaughn and Anna Outzen of Deutsch Kerrigan LLP.

  • State Attorneys General Play Growing Data Privacy Role

    Jasen Eige

    State attorneys general play an active role in data privacy and security, bringing evolving state laws and broad consumer protection authority to bear on changing technologies and threats. Private sector custodians of personal data such as retailers, financial institutions, technology companies and health systems must understand the role of state attorneys general before a crisis occurs, say Jasen Eige and Kassie Schroth of McGuireWoods LLP.

  • Top 5 Drug And Device Developments Of 2016

    Christine Kain

    This is a moment to reflect on some of the past year’s biggest developments in drug and device litigation. From video streaming of witness testimony to exclusion of plaintiff experts on scientific grounds, 2016 saw many significant decisions that may impact future cases, say Christine Kain, Patrick Reilly and Joseph Price of Faegre Baker Daniels LLP.

  • In Congress: Obamacare, The Cabinet


    Republican leaders in Congress plan to take the initial steps toward repealing and replacing Obamacare this week, hoping to deliver on the campaign promises made by most Republicans over the past six years and by President-elect Trump during the 2016 election cycle, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • Punitive Damages: Post-Campbell, Questions Remain

    Allison Ebeck

    The U.S. Supreme Court has established a framework that requires a case-by-case, fact-based inquiry to gauge punitive damages. Procedural safeguards and substantive due process restrictions have been gradually imposed on punitive damage awards since such limitations were first considered in 1988. But approaches and results have been and remain inconsistent, says Allison Ebeck of Eckert Seamans Cherin & Mellott LLC.