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  • January 8, 2019

    Newly Elected Houston Judges Drop Bail Reform Challenge

    The 14 newly elected Democratic municipal court judges in Harris County, Texas — who were part of a "blue wave" that booted every one of their Republican predecessors from the bench — have dropped an appeal aiming to undo a federal judge's ruling that the cash bail system there is unconstitutional.

  • January 8, 2019

    Contracts Decide If Cases Go To Arbitration, Justices Rule

    The U.S. Supreme Court held on Tuesday that courts may not override a contract delegating to arbitrators the question of whether a claim must be arbitrated or litigated, even if the arbitration bid was "wholly groundless," unanimously vacating a Fifth Circuit decision.

  • January 7, 2019

    Notes Trustees Seek Indemnity In IHeartMedia Ch. 11 Plan

    The indenture trustees for priority guarantee notes issued by iHeartMedia Inc. told a Texas bankruptcy court that the distressed broadcast giant should amend its pending financial restructuring plan, contending that prebankruptcy indemnity protections must be preserved.

  • January 7, 2019

    Royal Caribbean Can't Dismiss Hurricane Harvey Cruise Suit

    A magistrate judge has recommended a Florida federal court deny Royal Caribbean's bid to dismiss a woman's latest complaint in her suit claiming it put passengers at risk by not canceling a cruise as Hurricane Harvey threatened Texas, saying the court has not forbidden her from adding additional plaintiffs.

  • January 7, 2019

    Fashion Platform Co. Loses Depo Bid In Stolen-Image Row

    A Texas state court has ruled it isn’t the proper venue for Dallas-based fashion influencer platform rewardStyle to probe whether rivals ShopStyle and PopSugar stole millions of images from its website, after an attorneys for PopSugar and ShopStyle argued they didn’t have enough contacts in the state.

  • January 7, 2019

    Judge Sends $20M Maritime Contract Dispute To Arbitration

    A Texas federal judge on Monday sent to arbitration in London a $19.9 million breach of contract suit Psara Energy Ltd. filed against the purported successor corporation of Space Shipping Ltd., rejecting Psara's pleas to keep the case in court.

  • January 7, 2019

    Cricket Field Owner Takes Utility Fight To Texas High Court

    A man who owns several cricket fields has asked the Texas Supreme Court to undo a lower court's May 2017 ruling that tossed his lawsuit fighting an electric bill on grounds that he hadn't exhausted his remedies before the Public Utility Commission of Texas.

  • January 7, 2019

    Wind Energy Co. Says No Reason To Pause $70M Award Row

    Renewable energy company Soaring Wind Energy LLC and China-focused investor Tang Energy Group Ltd. told a Texas federal judge Friday that another investor is trying to delay enforcement of an over $70 million arbitration award by asking to hold off on further discovery during its appeal of an order confirming the award.

  • January 7, 2019

    High Court Won’t Review Nixed $663M Guardrail FCA Ruling

    The U.S. Supreme Court said Monday it would not review a False Claims Act suit over unsafe Trinity Industries highway guardrails, letting stand a circuit court decision that the government's continuing to pay for the barriers after learning of the fraud fatally undermined the whistleblower's case.

  • January 6, 2019

    Munck Wilson Expands To West Coast With Hecker Tie-Up

    Texas-based Munck Wilson Mandala announced Friday that it is joining forces with Los Angeles-based The Hecker Law Group in order to create a powerful presence in one of the nation’s largest tech economies.

  • January 4, 2019

    Confusion Over 'Fulcrum' Hits Tipping Point In Texas TM Suit

    San Antonio isn’t big enough for two property development companies with "Fulcrum" in their name and similar logos, Fulcrum Property Group Inc. told a Texas federal court on Friday.

  • January 4, 2019

    Education Co. Agrees To $500M Debt Relief Over Fraud Claims

    Career Education Corp. has agreed to not collect nearly $500 million in student loan debts owed by more than 179,000 individuals across the country as part of a multistate settlement to resolve allegations the for-profit education company misled students about enrollment costs and job prospects, among other practices.

  • January 4, 2019

    WildHorse Investor Sues Over Proposed $4B Merger

    An investor in WildHorse Resource Development Corp. has filed a New York federal court suit accusing the oil and gas company of failing to disclose enough information to allow shareholders to make an informed vote on a proposed $3.98 billion merger with Chesapeake Energy Corp.

  • January 4, 2019

    Lloyd's Group Urges Arbitration Of $1M Storm Damage Row

    Underwriters from Lloyd's of London sought to remove to Texas federal court on Friday a $1 million suit initiated by the owner of an apartment complex alleging that a slew of insurers wrongfully denied a property damage claim filed after storms struck the building, arguing that the suit must be arbitrated.

  • January 4, 2019

    Investors’ Suit Seeking $50M Over Real Estate Fraud Revived

    A Texas appeals court on Tuesday revived Renate Nixdorf GmbH & Co. and Watercrest Partners LP’s suit seeking nearly $50 million from lost real estate investments, saying the trial court erred when it dismissed claims that the money had been hidden from them in sham companies in order to avoid payouts.

  • January 4, 2019

    States Get Argument Time In Supreme Court Liquor Law Case

    Thirty-five states and the District of Columbia can participate as amici during oral arguments in an upcoming U.S. Supreme Court case dealing with residency requirements for out-of-state liquor retailers, the court ruled Friday.

  • January 4, 2019

    Police Camera, Software Co. Withdraws $75M Public Offering

    Texas-based WatchGuard Inc., which provides law enforcement with mobile video cameras and software, withdrew its planned $75 million initial public offering on Wednesday, more than a year after it was originally filed with the U.S. Securities and Exchange Commission.

  • January 4, 2019

    Frac Sand Co. Says Schlumberger Unit Owes More Than $1M

    Schlumberger Technology Corp. owes more than $1 million to a frac sand company for allegedly breaching an agreement to buy a certain amount of the sand each quarter, according to a lawsuit filed in Texas on Friday.

  • January 4, 2019

    Ukrainian Co. Appeals OK Of Carpatsky's $147M Award

    A Ukrainian company on Thursday appealed to the Fifth Circuit, seeking to overturn a December ruling that finalized the confirmation of a $147 million arbitration award issued in favor of U.S.-based Carpatsky Petroleum Corp. in a dispute over a soured oil and gas development deal.

  • January 3, 2019

    House Dems Tap Munger Tolles' Verrilli For ACA Defense

    The Democrat-controlled U.S. House of Representatives moved late Thursday to defend the Affordable Care Act against an existential legal threat, tapping Munger Tolles & Olson LLP partner Donald B. Verrilli Jr. — who as U.S. solicitor general helped defeat another suit aimed at destroying the ACA — to represent them.

Expert Analysis

  • The Future Of Paid Leave In Texas And Beyond

    Steve Roppolo

    At least 29 Texas lawmakers have vowed to introduce legislation in January that would prohibit local governments from implementing paid sick leave ordinances. However, it likely would not let employers completely off the hook, as U.S. workers may see some form of federal paid leave soon, says Steve Roppolo of Fisher Phillips.

  • FinCEN Tightens The Net On Illicit Real Estate Deals

    Thomas Delaney

    Geographic targeting orders released this month indicate that the Financial Crimes Enforcement Network remains concerned about money laundering risks in the real estate sector — and the anonymity of transactions that use virtual currency, say attorneys with Mayer Brown LLP.

  • High Court's Frog Decision May Limit ESA Determinations

    Paul Weiland

    Two holdings from the U.S. Supreme Court's opinion in Weyerhaeuser v. U.S. Fish and Wildlife Service Tuesday are likely to limit the service’s interpretation of its authorities and provide the regulated community with the ability to challenge critical habitat designations under the Endangered Species Act, say Paul Weiland and Svend Brandt-Erichsen of Nossaman LLP.

  • Jurors Should Ask More Questions During Trials

    Matthew Wright

    Permitting jurors to submit written questions, or even to pose questions orally to witnesses on the stand, advances several important goals and promotes both fairness and efficiency, says Matthew Wright of McCarter & English LLP.

  • Calif. Ruling Dings Engagement Letter Arbitration Clauses

    Sharon Ben-Shahar Mayer

    The California Supreme Court's recent decision in Sheppard Mullin v. J-M Manufacturing has cast doubt on arbitration clauses in attorney engagement agreements, jeopardizing the efficient resolution of malpractice claims and fee disputes, say Sharon Ben-Shahar Mayer and Mark Drooks of Bird Marella Boxer Wolpert Nessim Drooks Lincenberg & Rhow PC.

  • 10 Things We Wish We Were Told When Going In-House

    Dana Lee

    Attorneys at Albert Einstein College of Medicine, Perkins Coie LLP and the Healthcare Association of New York State reflect on lessons they learned the hard way when transitioning to in-house counsel positions.

  • The Virtual Law Team: Advantages For Litigants And Lawyers

    Jessica Cox

    The virtual law team was created as a necessary response to mass tort litigation — however, with advances in technology and ever-increasing specialization of the legal practice, the model should be considered in multiplaintiff litigation of any size, say attorneys at Faegre Baker Daniels LLP.

  • A Multistate Perspective On Taxation Of Digital Products

    Christopher Lutz.jpg

    While most states have addressed the taxability of canned and custom software, these two concepts already appear antiquated. Now, with electronically delivered and remotely accessible software, the guidance among states has begun to diverge substantially, says Christopher Lutz of Horwood Marcus & Berk Chtd.

  • The Latest On Bristol-Myers' Class Action Application

    Ted Holt

    The U.S. Supreme Court's Bristol-Myers Squibb opinion left open the question of whether the personal jurisdiction holding extends to nationwide class actions. While no circuit court of appeals has weighed in, the Fifth Circuit and the D.C. Circuit are on the verge of doing so, say Ted Holt and Mary Caroline Wynn of Maynard Cooper & Gale PC.

  • Opinion

    Circuit Split Encourages Forum Shopping By Injured Seamen

    Troy McMahan

    The Fifth and Ninth Circuits disagree over whether a merchant seaman can recover punitive damages for the common law maritime claim of unseaworthiness. The U.S. Supreme Court should agree to review Batterton v. Dutra, and restore certainty for shipowners, say attorneys with King & Spalding LLP.