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  • June 7, 2018

    6 Cities Where It Pays To Be A BigLaw Associate

    The New York pay scale has long been the gold standard for BigLaw associates — climbing to a dizzying $190,000 at a few firms this past week — but associates in these six cities may still have more money in their pockets at the end of the day. 

  • June 7, 2018

    Senate Panel OKs 9th Circ. Pick Over Home-State Objections

    The Senate Judiciary Committee advanced another of President Donald Trump’s picks for the Ninth Circuit Thursday, despite objections from Democrats who said it breached the “blue slip” tradition of deference to home-state senators.

  • June 6, 2018

    Texas Court Nixes New Trial In Baylor Sex Assault Case

    Texas’ highest criminal court on Wednesday held an appellate panel wrongly ordered a new trial for a former Baylor University football star convicted of sexual assault, overturning the court’s finding text messages between the victim and her friend were wrongly kept from jurors.

  • June 6, 2018

    Insurers Ask 5th Circ. To Definitively End Fiduciary Rule

    A collection of insurance industry groups asked the Fifth Circuit on Wednesday to issue a mandate ordering the U.S. Department of Labor to strike down its fiduciary rule, which requires retirement advisers to act in clients' best interest, in the wake of the court's March decision to invalidate the rule.

  • June 6, 2018

    Reseller Not Enough To Keep Medical Device IP Row In Texas

    A Federal Circuit judge, sitting by designation in the Eastern District of Texas, has granted a medical device company’s bid to transfer a patent suit brought by a Nevada-based competitor over needle shields to the Southern District of New York, finding that a distributor within the Texas district was insufficient to establish venue.

  • June 6, 2018

    'Fixer Upper' Stars Settle EPA Lead Paint Mishandling Claims

    A company owned by HGTV "Fixer Upper" stars Chip and Joanna Gaines will pay a $40,000 civil penalty and put $160,000 toward lead abatement in its Waco, Texas, community to settle the U.S. Environmental Protection Agency’s allegations that it mishandled lead-based paint while renovating 33 homes there for the show.

  • June 6, 2018

    I'm From The Government & I'm Here To Sue Over Trademarks

    It's one thing to face trademark accusations from a big scary company, but what about from the government? A new case filed last week over the "Virginia Is For Lovers" tourism slogan is just the latest in a string of recent public-private brand battles.

  • June 6, 2018

    Breitling Execs Can Tap Insurance To Fight $80M SEC Suit

    A Texas federal judge ruled on Wednesday that three executives of Breitling Energy Corp. are entitled to use the company’s insurance policy proceeds to pay for defense costs in fighting the U.S. Securities and Exchange Commission’s $80 million fraud claims against them, despite protests from the company’s court-appointed receiver.

  • June 6, 2018

    Nabors Loses $105K Sales Tax Refund For Drilling Parts

    A Texas appellate court on Wednesday stripped a $105,000 sales tax refund from Nabors Drilling Technologies USA Inc. for component parts used to make drilling equipment, holding Nabors wasn’t entitled to claim an exemption for temporary storage of the equipment.

  • June 6, 2018

    Texas Ruling Gives Appellate Weapon To Injury Defense Bar

    The Texas Supreme Court’s recent decision to toss a $1.9 million jury verdict in a medical malpractice suit makes it easier for personal injury defendants to pursue possible appeals, relaxing the procedural requirements for those parties to preserve issues for a challenge down the road, experts said.

  • June 6, 2018

    Trump's Steel Tariffs May Worsen Permian Pipeline Crunch

    President Donald Trump's decision to move ahead with sweeping steel tariffs could further tighten the current pipeline logjam in the oil-rich Permian Basin of West Texas, making it tougher for producers to get their oil and gas out of the ground and into the market, experts say.

  • June 6, 2018

    Troutman Sanders, Winstead Are Eyeing A Tie-Up

    Troutman Sanders LLP and Winstead PC held discussions earlier this year on a potential merger, four sources with knowledge of the conversations told Law360 on Wednesday, the latest indication that law firms remain eager to expand into Texas.

  • June 6, 2018

    Last Settlement OK'd In Patent-Holder Unit's Smartphone Row

    U.S. District Judge Rodney Gilstrap has signed off in Texas federal court on the final settlement and licensing deal in patent-licensing subsidiary Mobile Synergy Solutions LLC’s consolidated smartphone patent lawsuits over visual voicemail and contact synching technology.

  • June 6, 2018

    Latham, Vinson Assist On $3.13B Deal For EnLink Stakes

    Global Infrastructure Partners has agreed to pay $3.125 billion for all of Devon Energy Corp.’s interests in Dallas-based EnLink Midstream Partners LP, in a deal guided by law firms Latham & Watkins LLP and Vinson & Elkins LLP, according to a Wednesday statement.

  • June 5, 2018

    VirnetX Wants Damages In Apple Patent Case Doubled To $1B

    Two months after winning a major patent infringement verdict against Apple, VirnetX asked an Eastern District of Texas judge Monday to double the damages award to $1 billion, saying Apple’s behavior “shocks the conscience,” while Apple said the whole award must be thrown out.

  • June 5, 2018

    Parent Co. Off Hook In $6.5M Texas Oil Well Service Fight

    A Texas appellate court on Tuesday reversed Weatherford International Inc.’s more than $6.5 million win against the parent company of an oil and gas exploration company that allegedly failed to pay for labor and materials used to drill an oil well.

  • June 5, 2018

    SEC Scores $36.4M Judgment Against Oil and Gas Fraudsters

    A Texas federal judge on Monday entered a $36.4 million order against two California companies, their owner and two of his sales associates to resolve the U.S. Securities and Exchange Commission’s allegations that they duped investors into buying interests in oil and gas limited partnerships.

  • June 5, 2018

    Viveve, Thermi Settle Suit Over Vagina Reshaping Patent

    Patent owner Viveve Inc. and its competitor ThermiGen LLC told a Texas federal court Monday that they’ve settled infringement litigation over a process for reshaping the vagina, a deal that includes financial benefits for Viveve.

  • June 5, 2018

    Texas Justices Asked To OK Tax Protest Free Of Prepayment

    A Texas company has told the state’s Supreme Court it should be allowed to proceed with its tax protest without prepayment, saying the court’s decision could clarify if and when prepayment requirements violate the state constitution’s open court mandate.

  • June 5, 2018

    Texas Justices Don't Disfavor Any One Court With Reversals

    For decades, Texas lawyers have heard the old saw that the state’s appellate court in Corpus Christi is “the Ninth Circuit of Texas” — more liberal, an outlier, its rulings more likely to be reversed by the Texas Supreme Court. But the numbers don’t bear that out, according to a Law360 review of high court reversals that shows the Thirteenth Court of Appeals is in the middle of the pack.

Expert Analysis

  • How Lagos Might Affect Internal Investigations

    Joon Kim

    If the U.S. Supreme Court holds in Lagos v. United States that companies are able to seek restitution from criminal defendants when they are the victim of an offense, it will create another incentive to conduct internal investigations into misconduct within or against a corporation, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.

  • Opinion

    State AGs Must Fill The CFPB Void, But That's Not Enough

    Karl Racine

    With Mick Mulvaney gutting the Consumer Financial Protection Bureau, the burden of standing up to giant, deep-pocketed financial institutions falls more heavily on state attorneys general. But in the end, such efforts can’t replace the power the CFPB has to protect consumers across all states equally, says District of Columbia Attorney General Karl Racine.

  • Opinion

    The Historic Legal Blunder That Enabled Our Gun Epidemic

    Robert W. Ludwig

    In a recent op-ed, former U.S. Supreme Court Justice John Paul Stevens called for repealing the Second Amendment to help combat our nation's gun epidemic. Actually, it is the high court's ruling in District of Columbia v. Heller that is the problem. And it is only one court case away from being renounced as the historic blunder it is, says Robert W. Ludwig, counsel for the American Enlightenment Project.

  • The Carbon Tax Could Come Soon To A State Near You

    Ryan Maness

    Despite recent setbacks in state legislatures, this year's carbon tax push has been the most successful in American history, demonstrating that the idea has carved a place in our political landscape, says Ryan Maness, tax counsel at government relations services firm MultiState Associates Inc.

  • Texas Insurers Should Prepare For Unexpected Floods

    Shannon O'Malley

    Because Texas floodplain maps have recently been demonstrated to be unreliable, insurers should not rely exclusively upon these designations in underwriting risks. Instead, insurers should reassess the risk for flooding in areas known to have heavy rainfall records, heavy development, aged infrastructure systems and unexpected flood losses, says Shannon O'Malley of Zelle LLP.

  • Series

    State Tax After TCJA: Investment In Depreciable Property

    Jeremy Abrams

    In the first installment of the series, Jeremy Abrams and Sebastian Watt of Reed Smith LLP seek to provide a high-level overview of the most significant corporate state tax issues after the Tax Cut and Jobs Act and use state-specific examples to show that while determining how a state will conform to the Internal Revenue Code is not always clear, taxpayer-friendly results are possible.

  • How States, Federal Agencies Are Challenging Drug Prices

    Tom Bulleit

    High prescription drug prices are increasingly a focal point in the discussion of U.S. health care spending. While there is little consensus in Congress, there has been considerable recent activity in the federal executive branch and in state legislatures, say Tom Bulleit and Rebecca Williams of Ropes & Gray LLP.

  • Big Changes Ahead For Renewable Fuel Standard

    Joel Beauvais

    The Renewable Fuel Standard has been the center of sustained policy discussion and resulting uncertainty during the first year of the Trump administration. Joel Beauvais and Steven Croley of Latham & Watkins LLP analyze recent developments with a focus on the legal framework and implications for the RFS program.

  • Rule 23 Changes: Avoid Delays In Class Settlement Approval

    Shandarese Garr

    Among the proposed amendments to Rule 23 of the Federal Rules of Civil Procedure, which are scheduled to take effect Dec. 1, are specific requirements related to “front-loading.” They outline the process for seeking preliminary court approval of class action settlements and related notice plans, say Shandarese Garr and Niki Mendoza of Garden City Group LLC.

  • Trespass By Fracking: Pennsylvania Court Weighs In

    L. Poe Leggette

    Reversing a lower court's motion for summary judgment, the Superior Court of Pennsylvania recently held that trespass and conversion claims arising from a hydraulic fracturing operation are not precluded by the rule of capture. The case raises unsettling questions for oil and gas operators, say L. Poe Leggette and Jasper Mason of BakerHostetler.