• May 17, 2017

    Texas Chemical Co. Settles Air Pollution Claims For $2.5M

    A Houston-area chemical storage facility will shell out $2.5 million to the state of Texas and the U.S. Department of Justice to settle claims that it released unacceptably high levels of harmful chemicals into the air from 2012 through 2016.

  • May 17, 2017

    Ex-Baylor Volleyball Player Alleges Rape By Football Players

    A former Baylor University volleyball player is the latest woman to bring a lawsuit alleging the university mishandled her reports of sexual assault by Baylor football players, in violation of Title IX, according to a lawsuit filed in federal court in Texas on Tuesday.

  • May 17, 2017

    NFL Aims For Quick Win In Charity Gambling Row

    The National Football League told a federal judge in Texas on Tuesday that it was entitled to an early win in a lawsuit brought against it by organizers of a charity event in Las Vegas that was relocated after concerns regarding league gambling rules were raised, because there's no evidence of fraud.

  • May 17, 2017

    Medtronic Ordered To Pay $23.5M In Patent Infringement Case

    Medtronic Inc. will have to pay $23.5 million to a doctor after losing an infringement case over two of his spine-aligning device patents, a Texas federal judge ruled Tuesday, even as the company appeals the validity of one of the patents to the Federal Circuit.

  • May 17, 2017

    UK Agency Eyes Antitrust Review Of $441M Autodata Buy

    The U.K.’s competition watchdog revealed Wednesday it may launch an in-depth review of Solera’s £340 million ($441 million) takeover of private equity-backed Autodata, a European provider of technical information to the automotive aftermarket, unless the Texas-based acquirer offers a suitable remedy.

  • May 17, 2017

    Oil Driller Sucking Fund Into 'Death Spiral,' Judge Told

    A fund that lent money to oil and gas driller Camber Energy Inc. only to be sued for converting its debt into Camber stock asked a Texas federal judge on Tuesday to give the fund a way to sell the shares before Camber’s “death spiral” whittles the stock price even further.

  • May 17, 2017

    Christian Camp Settles Claims In EEOC Pregnancy Suit

    The U.S. Equal Employment Opportunity Commission agreed Tuesday in Texas federal court to settle its lawsuit against a Christian summer camp for allegedly discriminating against a pregnant employee who had diabetes, with the camp agreeing to pay $70,000 and accept a two-year consent decree enjoining it from discrimination.

  • May 17, 2017

    Plaintiffs Bar Perspective: Aldous Walker's Brent Walker

    You have to learn how to pick your battles. Don’t waste your time, money or emotional energy on conflict that does not matter to your client’s case, says Brent Walker of Aldous Walker LLP.

  • May 16, 2017

    Plaintiffs Firms Duel Over Texas Jurisdiction In Fee Fight

    A Rhode Island attorney who served as local counsel for a Texas firm in multidistrict litigation over hernia mesh made by C.D. Bard Inc. subsidiary Davol Inc. told a Texas appellate court Tuesday he shouldn’t have to litigate a fee dispute in Texas.

  • May 16, 2017

    Trinity Industries Settles Guardrail Suit On Eve Of Trial

    Trinity Industries Inc. told a Dallas County judge Monday it had settled a product liability case over its allegedly defective guardrails the day before trial was set to begin in the suit brought by a North Carolina man who lost both his legs in a highway accident.

  • May 16, 2017

    Lloyd's $65M Stanford Scam Deal OK'd; Attys Get $14M

    A Texas federal judge approved amid objections on Tuesday a $65 million deal resolving allegations Lloyd’s of London and other underwriters should cover losses from R. Allen Stanford’s $7 billion Ponzi scheme, and awarded $14 million in attorneys’ fees to counsel representing the receiver in the insurance dispute.

  • May 16, 2017

    Oculus Wants ZeniMax Sanctioned Over $500M Copyright Suit

    Facebook subsidiary Oculus VR asked a Texas federal court Tuesday to impose sanctions on video game developer ZeniMax Media for allegedly violating multiple court orders by neglecting to disclose 1,300 pages of documents related to the copyright infringement suit in which ZeniMax won a $500 million judgment earlier this year.

  • May 16, 2017

    Texas State Sen. Indicted For Fracking Sand Fraud, Kickbacks

    A Texas state senator was indicted by a federal grand jury Tuesday in connection with two alleged fraud schemes, one selling investments in an alleged Ponzi scheme that marketed sand used for fracking, and another involving alleged kickbacks for a medical services contract at a county jail.

  • May 16, 2017

    Texas Appellate Panel Stays Paxton Fraud Proceedings

    A Texas appellate panel on Tuesday granted a request from Texas Attorney General Ken Paxton to stay felony securities fraud proceedings against him as he seeks to challenge orders surrounding a change of venue from Collin County to Harris County and prohibit the judge who ordered the venue change from presiding.

  • May 16, 2017

    Celanese Aims To Revive Suit Claiming Smear Campaign

    Dallas appellate judges on Tuesday questioned whether an alleged smear campaign against Celanese Corp. targeting Texas media outlets could establish Texas jurisdiction in a defamation suit against a Mexico resident and two Mexican law firms.

  • May 16, 2017

    Carlton Knocks PetroChina’s 'New Arguments' In $1B Oil Spat

    Carlton Energy Group LLC asked a Texas federal court Monday to strike allegedly new arguments raised by PetroChina Co. Ltd. and related entities as they try to have Carlton's suit relating to an African oil field dispute potentially worth $1 billion paused during arbitration.

  • May 16, 2017

    PTAB Denies Review Of Solar-Powered Patio Umbrella Patents

    The Patent Trial and Appeal Board refused Monday to review two patents for solar-powered patio umbrellas that Kohl’s and Home Depot have been accused of infringing, finding the challenges largely rested on evidence that patent examiners had already considered.

  • May 16, 2017

    Texas Judges Let 1 Negligence Claim Against Atty Proceed

    Texas' First Court of Appeals on Tuesday tossed most of the claims clients had brought against their former attorney stemming from his allegedly negligent representation of them in a personal injury case, but said a fact issue remains as to whether he failed to tell them of a $200,000 settlement offer.

  • May 16, 2017

    FERC Can’t Punt On Texas Pipeline Review, DC Circ. Told

    An environmental group asked the D.C. Circuit on Monday to reverse the Federal Energy Regulatory Commission’s approval of a small portion of an Energy Transfer Partners Texas pipeline, arguing that it wrongly decided that the vast majority of the project wasn’t subject to National Environmental Policy Act review.

  • May 16, 2017

    Houston Hospital Gets Liability Claims Nixed On Appeal

    Texas' 14th Court of Appeals on Tuesday sided with Hopebridge Hospital Houston in a lawsuit brought against it by a former patient holding that the intentional tort claims of battery and assault the patient brought do constitute health care liability claims and are therefore required to be accompanied by an expert's report.

Expert Analysis

  • Opinion

    A State-By-State Solution For Immigration Reform

    Leon Fresco

    While it might seem that the new regional polarization over immigration and sanctuary cities may be driving us further away from achieving a national consensus on immigration, it may actually be beneficial to facilitating a unique outcome that can finally create bipartisan progress on immigration reform, says Leon Fresco of Holland & Knight LLP.

  • Series

    Counsel To Counsel: A Law Firm GC's Data Protection Duties

    Thomas W. White

    Increasingly, we see companies in all industries seeking to perform various levels of due diligence on our information security defenses. We received three times as many diligence requests from clients and prospective clients in 2016 as we did in 2015. Some clients even conduct their own penetration tests, says Thomas White, general counsel of WilmerHale.

  • 5th Circ. ESA Decision Highlights Deference Discord

    Shawn Welch

    The Fifth Circuit's recent decision in Markle Interests v. United States Fish and Wildlife Service, and the dissent from denial of en banc review, involve a recurring conflict between the extent of judicial review and the proper deference to be given to agency action, says Shawn Welch of Holland & Hart LLP.

  • Series

    Counsel To Counsel: Evaluating Positional Conflicts

    Nicholas A. Gravante Jr.

    What happens when attorneys come to their general counsel’s office with knowledge of a potential positional conflict? While the inquiry will depend on the rules governing the particular jurisdiction, there are a few general questions to consider from both business and legal ethics perspectives, say general counsel Nicholas A. Gravante Jr. and deputy general counsel Ilana R. Miller of Boies Schiller Flexner LLP.

  • Series

    Counsel To Counsel: 5 Challenges For A Law Firm GC

    John Koski

    Regardless of where we live and practice, regardless of whether trade deals succeed or fail, and regardless of whether the movement of people or capital is easy or difficult, our clients will still have needs or problems far away from home, says John Koski, global chief legal officer at Dentons.

  • The Credit Card Surcharge Fight Isn’t Over Yet

    Andrew C. Glass

    Rather than rule on whether a New York statute restricting credit card surcharges violates the First Amendment, the U.S. Supreme Court in Expressions Hair Design v. Schneiderman remanded the matter to the Second Circuit. Nevertheless, the court’s decision has the potential for broader impact and has already affected cases challenging surcharge laws in other states, say attorneys with K&L Gates LLP.

  • Ruling On CFPB Could Upend Controversial Net Worth Sweep

    Sai Prakash

    The DOJ's recent challenge to the constitutionality of the Consumer Financial Protection Bureau could have significant ramifications for another government agency — the Federal Housing Finance Agency, according to Sai Prakash of the University of Virginia School of Law.

  • Lawyers In Flow: Get Out Of Your Head And Into Your Case

    Jennifer Gibbs

    If Time Magazine is correct in that being a lawyer is one of the five worst high-paying jobs, it may be time for the legal profession to pull one from the playbook of musicians and professional athletes and seek to enter a state of “flow,” says Jennifer Gibbs of Zelle LLP.

  • Satire

    A Law Firm Ranking Model By 'Fake News & Distorted Reports'

    Alan B. Morrison

    Suffering from law firm ranking fatigue? Bewildered by the methodologies? If so, you're in good company. Alan Morrison, associate dean for public interest and public service law at George Washington University Law School, wonders just how far law firm ranking efforts may go.

  • D Magazine Ruling Sheds Light On Texas Anti-SLAPP Statute

    Nicholas A.F. Sarokhanian

    The Supreme Court of Texas recently clarified two areas of defamation law — lawyers and courts should think twice before citing Wikipedia in their analysis of whether a publication is reasonably capable of a defamatory meaning, and parties that even partially win their anti-SLAPP motions to dismiss are entitled to recover expenses, says Nicholas Sarokhanian of Holland & Knight LLP.