Texas

  • March 07, 2024

    Anadarko Keeps Win In Colo. Oil Biz Lease Fight

    A Colorado appellate panel on Thursday rejected an oil and gas production company's claims that an Anadarko Petroleum subsidiary wrongfully terminated nearly two dozen leases, with the judges finding the agreements could be terminated upon written notice "for any reason or for no reason at all."

  • March 07, 2024

    Exxon Investors Say Shareholder Proposal Suit Is Moot

    Activist investors Arjuna Capital and Follow This have again urged a Texas federal judge to dismiss a case against them brought by Exxon Mobil Corp., saying the company "refuses to take 'yes' for an answer" and is trying to run a proxy battle with the U.S. Securities and Exchange Commission through the case.

  • March 07, 2024

    American Airlines Says Frequent Flier Suit Belongs In Texas

    American Airlines said Texas is the proper forum for a proposed class action in California alleging it improperly terminated customers' frequent flyer accounts and wiped out the value of the miles they accrued, saying AAdvantage program membership decisions are made in its Fort Worth headquarters.

  • March 07, 2024

    5th Circ. Backs Chevron Win In White Ex-Worker's Bias Suit

    The Fifth Circuit declined to reinstate a white former employee's lawsuit accusing a Chevron Corp. subsidiary of firing him to advance its race equity goals, saying he failed to push back on the company's argument that he was fired for repeatedly using the N-word.

  • March 07, 2024

    Oil Co. Worker Says He Was Fired For Reporting Threats

    A seven-year employee of National Oilwell Varco LP alleges that the company fired him after reporting that another worker made discriminatory comments toward him, including one instance in which he threatened him with a knife.

  • March 07, 2024

    Banking Groups Sue CFPB Over Credit Card Late Fee Rule

    The U.S. Chamber of Commerce and bank trade groups sued the Consumer Financial Protection Bureau in Texas federal court on Thursday over its new rule to limit credit card late fees to $8, following through on a widely expected challenge to the potentially multibillion-dollar cut to industry revenues.

  • March 07, 2024

    5th Circ. Won't Revive Owner Suit Over Litigation Funding Co.

    The Fifth Circuit has affirmed a decision saying that, based on Texas law, no valid profit-sharing contract exists between parties who formed a business to provide pre-settlement medical advancement loans to litigants.

  • March 07, 2024

    Feds Look To Bar Advice-Of-Counsel Defense From Tax Trial

    Federal prosecutors have sought to prevent two attorneys and an insurance agent from relying on advice-of-counsel defenses in their upcoming tax fraud trial, telling a North Carolina federal judge the trio failed to give the court an adequate heads-up about their intended defense.

  • March 07, 2024

    Estate, Collector Settle Spat Over 'Blade Runner' Poster Art

    The family of a former movie poster artist and a Pennsylvania attorney-turned-art collector have settled a dispute over the original art for a "Blade Runner" poster, with the parties agreeing to sell the art and split the proceeds.

  • March 06, 2024

    Texan Tried To Scam George Santos In Criminal Case, US Says

    A Texas man is charged with wire fraud for allegedly targeting former Rep. George Santos and "That 70s Show" star Danny Masterson by claiming he could help get their criminal charges dismissed or sentences reduced in exchange for money, according to an affidavit unsealed in New York federal court Wednesday.

  • March 06, 2024

    Pilgrim's Pride Escapes COVID-19 Death Suits, For Now

    A Texas federal judge on Wednesday tossed without prejudice a suit seeking to hold Pilgrim's Pride Corp. liable for the COVID-19 deaths of an employee and the spouse of another worker, saying the plaintiffs failed to specify when the employees were allegedly exposed.

  • March 06, 2024

    LGBTQ Group Seeks High Court Help To Host Drag Show

    A LGBTQ student group at West Texas A&M University has asked the U.S. Supreme Court to intervene in a First Amendment dispute and allow it to host a charity drag show on campus, arguing the university president's decision to prohibit the event is unconstitutional several times over.

  • March 06, 2024

    DOJ Says Another Korean Co., Officer Behind Bid-Rig Scheme

    A second South Korean company and its CEO allegedly defrauded the Pentagon in a scheme to rig bids and fix prices for subcontract work on U.S. military installations in South Korea, the U.S. Department of Justice announced Wednesday.

  • March 06, 2024

    Court Backs Decision Freeing Flanges From Pipe-Fitting Duty

    The trade court on Wednesday upheld the U.S. Department of Commerce's decision to free a Texas-based pipe company's cast-iron flange imports from an antidumping duty order, ruling Commerce's fifth assessment of the duty's scope finally squared with the evidence.

  • March 06, 2024

    Biden Admin Seeks Pretrial Win In Texas Emissions Suit

    The Biden administration on Tuesday asked a federal judge to grant it a pretrial win as it seeks to defeat a challenge by Texas to a rule requiring states to set targets for greenhouse gases on federally funded roads.

  • March 06, 2024

    5th Circ. Weighs 'Very Complex' Chemo Hair Loss Dispute

    The Fifth Circuit is weighing whether two drug manufacturers had an obligation to expedite changing the label on their chemotherapy medications to warn of permanent hair loss in a case one justice describes as "a very complex situation" that will have far-reaching consequences for drugmakers and patients.

  • March 06, 2024

    La. Drivers Get OT Since They Never Left State, 5th Circ. Told

    An attorney for three delivery drivers urged the Fifth Circuit on Wednesday to revive a lawsuit claiming their Louisiana employer stiffed them on overtime pay, arguing a Fair Labor Standards Act carveout doesn't apply because the men traveled within state lines.

  • March 06, 2024

    PTAB Turns Off Dali Antenna Patent In 2 Texas Cases

    A pair of rulings from an administrative board has gutted the language in a patent covering antenna technology that had been at issue in a web of dismissed lawsuits in Texas.

  • March 06, 2024

    Fed. Circ. Corrects Albright On His Reading Of Contradiction

    The Federal Circuit used a precedential ruling on Wednesday to dictate that the top federal judge in the Western District of Texas' popular Waco court made an "inapt" conclusion about whether language in a patent covering a lithium-ion battery was contradictory in some way.

  • March 06, 2024

    Chamber, Trade Groups Revamp Contractor Rule Challenge

    The U.S. Chamber of Commerce and a slew of trade groups revamped their lawsuit in Texas federal court accusing the U.S. Department of Labor of violating federal law when it issued its latest independent contractor rule, alleging it tried to circumvent a court's earlier ruling.

  • March 06, 2024

    McGuireWoods Adds 2 Former Federal Prosecutors In Dallas

    McGuireWoods LLP announced Wednesday that two former federal prosecutors who specialize in healthcare regulatory and compliance issues have joined the firm as partners in Dallas.

  • March 05, 2024

    Incumbents On Texas High Court Poised To Lose Seats

    Dozens of judicial seats were up for grabs this Super Tuesday, including three spots on the state's highest criminal court held by incumbent justices who by late in the evening appeared poised to lose their seats.

  • March 05, 2024

    Judge Skeptical Of Dallas Developers' RICO Argument

    A Texas federal judge on Tuesday dug into an argument by real estate entities associated with a Dallas developer, saying she "didn't just fall off the turnip truck" in response to the plaintiff's counsel detailing the nuances of real estate litigation.

  • March 05, 2024

    Judge Still Weighing Houston Judicial Candidate's Eligibility

    Hours before the polls closed on Super Tuesday, a state judge was still mulling a temporary injunction in favor of a Harris County judge challenging the eligibility of his Democratic opponent.

  • March 05, 2024

    Wells Fargo Accused Of Enabling Ex-Texas Atty's Fraud

    Victims of a former San Antonio lawyer's multimillion-dollar fraud scheme claim his theft was enabled by Wells Fargo willfully turning a blind eye to the lawyer's misuse of trust accounts holding client funds, according to a lawsuit in Texas federal court that alleges the bank profited from this scheme.

Expert Analysis

  • The Most-Read Legal Industry Law360 Guest Articles Of 2023

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    A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.

  • Inside Higher Education's New FCA Liability Challenges

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    As the educational sector expands its use of government funding, schools are at increased risk under the False Claims Act, but recent settlements offer valuable lessons about new theories of liability they may face and specific procedures to reduce their exposure, say James Zelenay and Jeremy Ochsenbein at Gibson Dunn.

  • 5 Most Notable Class Action Standing Cases Of 2023

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    Key appellate class action decisions this past year continued the trend of a more demanding approach to the threshold issue of standing during each phase of litigation, say attorneys at MoFo.

  • Attorneys' Busiest Times Can Be Business Opportunities

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    Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.

  • In The World Of Legal Ethics, 10 Trends To Note From 2023

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    Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.

  • Lessons Learned From 2023's Top ADA Decisions

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    This year saw the courts delving into the complexities of employee accommodations under the Americans with Disabilities Act in the post-pandemic workplace, going beyond bright-line rules with fact-intensive inquiries that are likely to create uncertainty for employers, says Linda Dwoskin at Dechert.

  • A Year Of Transition At The Agenda-Setting 5th Circ.

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    Under the spotlight of hot issues this year, the Fifth Circuit has appeared to be an ideological court generating controversial decisions and attracting certiorari-grants — but in the shadows and liminal spaces of the everyday issues, the court and its members operate in a much more nuanced and less-divisive way, says Tad Bartlett at Fishman Haygood.

  • The Key Laws Retailers Should Pay Attention To In 2024

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    2024 promises to be another transformative year for retailers as they navigate the evolving regulatory landscape, particularly surrounding data privacy and sustainability laws, meaning companies should make it a practice to keep track of new legislation and invest in compliance efforts early on, say attorneys at Benesch.

  • What's Ahead For Immigrant Employee Rights Enforcement

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    The U.S. Department of Justice’s increased enforcement related to immigration-based employment discrimination is coupled with pending constitutional challenges to administrative tribunals, suggesting employers should leverage those headwinds when facing investigations or class action-style litigation, say attorneys at Jones Day.

  • How Attorneys Can Be More Efficient This Holiday Season

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    Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.

  • 5 Trends To Watch In Property And Casualty Class Actions

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    In 2023, class action decisions have altered the landscape for five major types of claims affecting property and casualty insurers — total loss vehicle valuation, labor depreciation, other structural loss estimating theories, total loss vehicle tax and regulatory fees, and New Mexico's uninsured and underinsured motorist coverage sale requirements, say Mark Johnson and Mathew Drocton at BakerHostetler.

  • Series

    Children's Book Writing Makes Me A Better Lawyer

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    Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.

  • Parsing 2023's Energy Markets Enforcement

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    A review of the Federal Energy Regulatory Commission's and Commodity Futures Trading Commission's recently released fiscal year 2023 enforcement reports highlight the significant energy market enforcement activities, litigation pursued and settlements reached by both agencies, as well as their respective strategic goals and focus areas, say attorneys at Morgan Lewis.

  • FDA's Recent Litigation Records Are Strong, But Imperfect

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    The U.S. Food and Drug Administration has notched its share of litigation wins in recent years thanks to a number of key advantages, but the FDA has been less successful in certain highly visible arenas, Jonathan Berman and Colleen Heisey at Jones Day.

  • ESG Investing Caught In Culture War Crosshairs In 2023

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    As 2023 draws to a close, ESG investing remains a raging battleground in the U.S. culture wars, as illustrated by the array of legislative efforts across the country aimed variously at restricting or promoting the use of ESG investing — but it remains to be seen what practical impact, if any, these laws will have, say Amy Roy and Robert Skinner at Ropes & Gray.

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