• July 14, 2017

    Taxation With Representation: Simpson, Thompson, Davis

    In this week’s Taxation With Representation, Halcon sells its oil assets for $1.4 billion, British publishing company Pearson agrees to sell a $1 billion stake in Penguin Random House, and private equity giant Apollo Global Management reaches a deal to buy a golf club operator for about $1.1 billion.

  • July 14, 2017

    Houston Hospital Ex-Finance Director Claims Discrimination

    The former director of financial clearance for the University of Texas MD Anderson Cancer Center filed a lawsuit in state district court in Harris County on Thursday, alleging that he was terminated after complaining about discrimination he was subjected to following medical leave for a hemorrhagic stroke.

  • July 14, 2017

    Denbury Wants Texas Justices To Order Access To Pipeline

    A Denbury Resources Inc. affiliate has asked the Texas Supreme Court to intervene in its long-running land dispute with a Texas farmer the company says is blocking its access to a carbon dioxide pipeline it needs to inspect before an Aug. 1 deadline.

  • July 14, 2017

    5 Issues To Watch In The Texas Special Session

    When the Texas Legislature reconvenes July 18 for a special session, lawmakers will first debate keeping intact several key state boards that oversee the medical industry, then wrestle with a controversial transgender bathroom bill that has drawn the opposition of major corporations. Here are five issues to watch as the Legislature's special session gets underway.

  • July 14, 2017

    Cobalt Wants Redo Of Class Cert. In Investors’ Bribe Case

    Cobalt International Energy Inc. asked a Texas federal judge on Thursday to rethink an order that granted class certification to hundreds of investors suing the company for allegedly bribing Angolan officials and making misrepresentations that cost the investors billions, arguing a recent U.S. Supreme Court decision changed the case's calculus.

  • July 13, 2017

    Whole Foods Investor Sues To Block Amazon Merger

    A Whole Foods Market Inc. investor filed a class action in Texas federal court Thursday seeking to halt the organic grocer’s proposed merger with Amazon.com Inc., alleging the company's filings with the U.S. Securities and Exchange Commission omitted key information pertinent to stockholders.

  • July 13, 2017

    Judge Greenlights Some BP Investor Holder Claims In MDL

    A Texas federal judge has allowed a small number of institutional investors to move forward in their efforts to recover an expanded scope of damages under English common law in multidistrict litigation against BP Plc related to the Deepwater Horizon oil spill, according to an order unsealed Thursday.

  • July 13, 2017

    Uniloc Keeps Up EDTX Patent Barrage Against Apple

    Unabated by the U.S. Supreme Court’s TC Heartland ruling on patent venue, nonpracticing entity Uniloc USA Inc. filed two additional patent infringement actions against Apple Inc. in the Eastern District of Texas on Wednesday, accusing the tech giant of copying its intellectual property with nearly all of its products.

  • July 13, 2017

    Lawmakers Slam ‘Reprehensible’ New Gilstrap Venue Rules

    Members of the House Judiciary Committee on Thursday sharply criticized a recent decision by Eastern District of Texas Judge Rodney Gilstrap that set venue rules for patent cases in a way that may keep many cases in his district, with one congressman calling the ruling “reprehensible.”

  • July 13, 2017

    Carbonite Transfer Bid Doomed By Alice Motion In IP Row

    A Texas Eastern District judge has recommended that cloud backup company Carbonite’s bid to transfer an infringement suit brought against it by Realtime Data be denied, saying Carbonite lost its right to challenge the venue under the high court’s TC Heartland decision by trying to invalidate the patent under Alice.

  • July 13, 2017

    Texas Sen. Taps New Attys For Securities Fraud Defense

    State Sen. Carolos Uresti, D-San Antonio, who is also an attorney, has retained additional counsel to defend him against securities fraud charges tied to a fracking sand company after a federal magistrate judge ordered his original counsel disqualified because of a conflict of interest.

  • July 13, 2017

    3 Firms Steer Investcorp-Esmalglass-Lone Star $689M Deal

    Jones Day represented Investcorp in connection with its €605 million ($689.4 million) sale of ceramics company Esmalglass to a fund of Texas private equity shop Lone Star that had counsel from Weil Gotshal & Manges LLP and Uria Menendez Abogados SLP-C, a deal Investcorp announced on Thursday.

  • July 13, 2017

    Monopoly Risk Led Judge To Block $367M Waste Co. Merger

    A Delaware federal judge on Thursday unsealed the reasoning behind her decision to block the $367 million merger of rival nuclear waste processors EnergySolutions and Waste Control Specialists, explaining that the deal would have created a monopoly and rejecting the claim that WCS couldn't have found another buyer.

  • July 13, 2017

    Texas Appeals Court Reverses Amputee's $43.5M Jury Verdict

    A Texas appeals court on Thursday held that a construction superintendent whose leg was amputated after being crushed in a crane accident cannot recover the $43.5 million verdict a jury rendered in his favor in May 2015 because the Texas Workers’ Compensation Act precludes the recovery of common-law damages.

  • July 12, 2017

    Texas Atty Gets 3-Year District Ban Over ADA Litigation

    A Texas federal judge on Tuesday barred an Austin attorney from practicing in the Western District of Texas for three years based on what the court said was fabricated evidence and abusive litigation practices in a series of Americans with Disabilities Act suits.

  • July 12, 2017

    Justice Breyer On Changing His Mind And Sparring With Scalia

    Justice Stephen Breyer discusses the extent to which oral arguments can influence his thinking and recalls his many debates with the late Justice Antonin Scalia, in the second of two articles based on an exclusive interview.

  • July 12, 2017

    House Committee Floats $1.6B Proposal For Border Wall

    The House Appropriations Committee on Tuesday unveiled a bill that contains $1.6 billion for a southern border wall, a proposal that would meet President Trump’s wall funding request, but may also set up a potential fight with Democrats, who have expressed opposition to the barrier.

  • July 12, 2017

    Dallas Man Cops To Diamond Investment Fraud Scheme

    A Dallas man on Tuesday pled guilty to a mail fraud charge linked to an alleged diamond investment fraud scheme that cost 77 investors nearly $5 million, the U.S. Department of Justice announced.

  • July 12, 2017

    Auto Shop Urges Texas Justices To Review Trade Secrets Row

    Autocraft Bodywerks Inc. asked the Texas Supreme Court on Monday to reverse a lower appellate court's ruling in its trade secrets dispute with a rival auto repair shop, arguing that the lower court's interpretation of a state free speech law was overly broad and cannot stand.

  • July 12, 2017

    State Dept. Greenlights $4.1B In Foreign Military Sales

    The U.S. Department of State on Wednesday approved a series of foreign military sales that are worth roughly $4.1 billion and include a potential sale of Patriot missile defense systems to Romania that would clock in at about $3.9 billion.

Expert Analysis

  • Opinion

    Justice Kennedy's Moderating Influence On The High Court

    Nan Aron

    The guessing game around Justice Anthony Kennedy’s possible retirement is reaching a crescendo. Yet the speculation does more than fuel bookmakers’ odds. It draws attention to his pivotal role as the court’s swing vote, says Nan Aron, president of Alliance for Justice.

  • Weekly Column

    Innovating For Wise Juries: Juror-Posed Questions

    Roy Futterman

    One way to combat juror confusion and boredom is to allow jurors to ask witnesses questions. No federal evidentiary or court rule prohibits it, and every federal circuit court to address the practice has held it permissible, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Texas Steel Bill Raises Questions For Construction

    Brian Gaudet

    Texas Senate Bill 1289 requires the use of domestic iron and steel for public infrastructure projects in the state. But given the higher price of U.S.-sourced steel, the bill would increase project costs significantly, likely resulting in fewer capital improvements, and possibly impacting construction-related jobs, say Brian Gaudet and Traci Donatto of Coats Rose PC.

  • Tips For Complying With ABA’s New Encryption Guidance

    Nick Holda

    Last month, the American Bar Association published revised guidance regarding an attorney’s duty to protect sensitive client material in light of recent high-profile hacks. The first step in compliance is understanding how your data is being stored and accessed. There are three key questions you should ask your firm’s information technology staff and/or external solution vendors, says Nick Holda of PreVeil.

  • Looking At The Limitations Of The Delay Exclusion

    Hilary Henkind

    Read literally, the delay exclusion contained by many commercial property policies would preclude coverage for any loss of revenue incurred, even if the delay is a direct result of a covered cause of loss. However, case precedent shows that it is necessary to reconcile the delay exclusion with the business income or extra expense coverage grant, says Hilary Henkind of Mound Cotton Wollan & Greengrass.

  • OSHA's Multiemployer Citation Policy: A Changing Landscape

    Michael Abcarian

    The Occupational Safety and Health Review Commission's recent decision in Secretary of Labor v. Hensel Phelps Construction has immediate implications for construction employers in Texas, Louisiana and Mississippi, and could preview a split among federal circuit courts regarding the secretary of labor’s enforcement powers under the Occupational Safety and Health Act, says Michael Abcarian of Fisher Phillips.

  • Series

    FERC At 40: A Look Back And Ahead

    Daniel Hagan

    Forty years ago, the Federal Energy Regulatory Commission was created as the successor to the Federal Power Commission. Daniel Hagan and Jane Rueger of White & Case LLP review how FERC has dealt with historic changes in the natural gas and electric power markets over the last four decades, and consider the evolving energy landscape the commission will face in coming years.

  • Weekly Column

    Innovating For Wise Juries: Preliminary Instructions

    Richard Lorren Jolly

    One of the easiest ways to improve civil jury trials is to give juries substantive instructions on the law at the beginning of the trial rather than at its conclusion. It is also one of the most popular proposals we are recommending, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Due Diligence From The Lateral Partner’s Perspective

    Howard Flack

    Lateral candidates looking to make the last — or perhaps only — move of their career cannot afford to just stand by and let a law firm’s vetting process unfold on its own, says Howard Flack, a partner at Volta Talent Strategies who previously led lateral partner recruiting and integration at Hogan Lovells.

  • Texas Affirms The Promise Of Off-Site Drilling


    It has become more and more common to see oil and gas operators drill their leases from off-site locations. Last month's decision by the Texas Supreme Court in Lightning Oil Company v. Anadarko E&P Onshore should be seen as a welcome development for operators seeking access to the surface overlying a neighboring lessee’s leasehold estate, say attorneys with Bracewell LLP.