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Texas

  • August 3, 2018

    JPMorgan's Damages Bill Cut From $4B To $7M In Estate Row

    A Texas probate judge chopped a $4 billion judgment against JPMorgan Chase & Co. to $7 million in a case alleging the bank had maliciously mishandled the inheritance of a deceased American Airlines executive.

  • August 3, 2018

    Taxation With Representation: Kirkland, Baker, Davies, Foley

    In this week’s Taxation With Representation, BHP Billiton LLP sells off oil and gas assets to BP and Merit Energy Co. for $10.8 billion, Fortive snaps up Genstar Capital portfolio company Accruent for $2 billion, and Brookfield Asset Management buys Enercare Inc. for $3.3 billion.

  • August 3, 2018

    5th Circ. Frees Texas State Agencies From Superfund Suit

    The Fifth Circuit has ruled that an environmental funding group cannot sue a group of Texas state agencies and universities for funding to clean up a Superfund site, finding the agencies and schools have sovereign immunity as arms of the state.

  • August 3, 2018

    Texas 'Frack Master' To Stay Behind Bars Until Fraud Trial

    The former CEO of Dallas fracking venture Breitling Energy and self-described "frack master" must stay in jail while awaiting trial, a federal judge ruled Thursday, calling his purchase of international plane tickets “remarkably suspect” and citing his lawyer mother’s recent exit from the country.

  • August 2, 2018

    Endo To Pay Texas $13M Over Off-Label Lidoderm Sales

    Endo Pharmaceuticals Inc. has agreed to pay Texas $13.25 million to settle whistleblower claims that it defrauded the state’s Medicaid program by advertising its pain medication Lidoderm for unapproved uses, according to the relators’ attorneys.

  • August 2, 2018

    Focus Brands Inks $200M Deal To Take Jamba Juice Private

    Private equity-backed Focus Brands Inc. has agreed to take the Texas-based owner of health food chain Jamba Juice private in a deal valued at roughly $200 million and steered by Paul Weiss Rifkind Wharton & Garrison LLP and DLA Piper, the companies announced on Thursday.

  • August 2, 2018

    Walmart Beats Insurer's Appeal In $1.7M Heater Fire Suit

    A Texas appeals court on Thursday affirmed that the property insurer for a Corpus Christi U.S. Postal Service office cannot seek to hold Walmart Inc. liable for $1.7 million in fire damage traced to a defective space heater allegedly sold by the retail giant, holding that the insurer’s suit fails under a state law shielding “innocent sellers” from product liability claims.

  • August 2, 2018

    Albertsons Says FCA Suit Makes Same Claims As Earlier Ones

    National grocery company Albertsons LLC has urged a Texas federal court to dismiss a suit claiming it submitted false claims to Medicare and Medicaid for various drugs, arguing the same allegations had already been brought up in previous cases, one by the current plaintiff.

  • August 2, 2018

    Startup Fights Paper's Bid To Unseal Records After $706M Win

    A data analytics startup has opposed a newspaper's bid to unseal court records from its $706 million trade secrets win over a Quicken Loans affiliate, saying the Texas statute used to seal the documents does not allow for interlocutory appeal.

  • August 2, 2018

    Texas Court Claims Immunity In Suit Over Assistant’s Firing

    The Texas Court of Criminal Appeals has asked a Texas federal court to toss a suit by a former employee alleging she was fired over her political posts on Facebook, arguing that the court has sovereign immunity and her posts were inappropriate for someone publicly associated with the court.

  • August 1, 2018

    Exec Hit With FCPA Charges For Venezuelan Bribe Scheme

    A Venezuelan-American businessman has been charged with Foreign Corrupt Practices Act violations for funneling hundreds of thousands of dollars in bribes to an official of Petroleos de Venezuela SA to secure contracts from the state-backed oil and gas company, prosecutors said Wednesday.

  • August 1, 2018

    Atty Fees Chopped By $1.6M In Energy Newsletter IP Suit

    A Texas federal judge has reduced by $1.6 million attorneys’ fees awarded to the publisher of an energy industry newsletter, ruling the publisher was not entitled to the original fee amount after it rejected a settlement offer from an advising firm it accused of distributing the newsletter without permission.

  • August 1, 2018

    Trucking Instructor Exempt From Arbitration, Court Says

    A Texas appeals panel has affirmed a lower court’s decision that a trucking company’s former orientation instructor qualifies as a transportation worker under the Federal Arbitration Act, thus exempting him from an arbitration pact and freeing him to pursue his age discrimination and retaliation lawsuit.

  • August 1, 2018

    TTAB Says Houston Distillery Can Register 'East End'

    The Trademark Trial and Appeal Board has ruled that a Texas distillery can register “East End” as a trademark for alcohol, ruling that the brand name is not simply descriptive of the eastern part of Houston.

  • August 1, 2018

    Enerpipe Not Liable For Worker's Accident: Texas Court

    A Texas appeals court panel on Wednesday affirmed a lower court's tossing of a man's negligence claim against Enerpipe Ltd., a pipeline construction company whose employee's car collided with his, finding there is no evidence the worker was performing tasks for the company when the accident happened, so the employer is not liable.

  • August 1, 2018

    JPML Won't Centralize 3 Separate Tribal Lender Cases

    The U.S. Judicial Panel on Multidistrict Litigation on Wednesday said that although allegations that a tribe-linked lender was used as a front to evade state usury laws are similar in three separate cases, they don't need to be centralized in Oklahoma federal court.

  • August 1, 2018

    5th Circ. Rules Aetna Can't Sue Texas Hospital Over Billing

    The Fifth Circuit has ruled that Aetna Life Insurance Co. can't sue an out-of-network Texas hospital for misrepresenting its billing practices, saying Aetna could not claim it was unaware of what those billing practices were.

  • August 1, 2018

    Ford Sues Dealership Chain Over $40M In Defaulted Loans

    Ford Motor Co.’s financing unit has sued a chain of Texas car dealerships for $40 million, claiming the chain and its owners defaulted on financing agreements by delaying payments on sold cars and falsifying records to obtain extra loans.

  • July 31, 2018

    Google Can’t Move Texas IP Case To Calif., Says Gilstrap

    U.S. District Judge Rodney Gilstrap has denied Google's bid to move a patent infringement lawsuit brought against it in the Eastern District of Texas by Seven Networks LLC to the Northern District of California, holding that Google's servers housed by third-party internet service providers in the district allowed the suit to stay.

  • July 31, 2018

    Huawei Faces Patent Infringement Suit Over 'One Hand Mode'

    A South Korean university sued two Huawei Technologies Co. Ltd. units in Texas federal court Tuesday accusing the Chinese electronics company of infringing a pair of patents with the “one hand mode” found on a number of smartphones linked to U.S. markets.

Expert Analysis

  • An Update On DTSA And Trade Secret Damages

    Daniel McGavock

    Since the Defend Trade Secrets Act became law two years ago, there have been more than 800 related cases filed in federal district courts. Consultants at Charles River Associates provide a brief update on DTSA lawsuits and discuss two recent appellate decisions relating to damages that trade secrets litigators need to be aware of.

  • Series

    From Lawmaker To Lawyer: 6 Things I Learned In Congress

    Charles Gonzalez

    I found that senior members of Congress didn’t have time to mentor younger members. Lawyers — though just as busy as members of Congress — cannot afford to follow this model, says former Rep. Charles Gonzalez, D-Texas, of Ogletree Deakins Nash Smoak & Stewart PC.

  • Which Deposition Costs Are Recoverable In Texas?

    Bryce Callahan

    Texas appellate courts seldom delve into questions about which litigation expenses are recoverable, and when they do, they can disagree about the answers. Trial lawyers should carefully consider which deposition-related expenses are truly necessary to the conduct of their case, since many of those costs may be unrecoverable even to a prevailing party, say Bryce Callahan and Elizabeth Wyman of Yetter Coleman LLP.

  • Opinion

    BigLaw's Associate Salary Model Is A Relic Of A Bygone Era

    William Brewer

    Legal industry compensation practices are once again in the news as BigLaw firms continue to match the new high watermark of $190,000 for first-year associate salaries. The typical model of increasing associate salaries uniformly fails star associates, the firms they work for and, ultimately, the clients they serve, says William Brewer, managing partner of Brewer Attorneys & Counselors.

  • What NFL Should Do About Cheerleader Discrimination Claims

    Kerry Garvis Wright

    The National Football League has been implicated in the #MeToo movement as it faces a series of sexual harassment and gender discrimination allegations against individual teams. There are several steps the NFL and its teams can take to remedy these issues, say Kerry Garvis Wright and Aaron Swerdlow of Glaser Weil LLP.

  • #MeToo At Law Firms And What We Can Do About It

    Beth Schroeder.JPG

    While some may say it’s ironic, it’s also embarrassing and enraging that the very industry that offers anti-harassment training, policies and counsel now finds itself the subject of #MeToo headlines. The American Bar Association recommendation that will bring about the greatest change is the call to provide alternative methods for reporting violations, says Beth Schroeder, chair of Raines Feldman LLP's labor and employment group.

  • Knowledge Lawyers Can Help Firms Stay Ahead Of The Curve

    Vanessa Pinto Villa

    In a profession notoriously averse to change, it should come as no surprise that there is skepticism about the value of having attorneys perform nonbillable tasks. But U.S. law firms have slowly begun to incorporate knowledge lawyers into their operations — and the trend is likely to continue, says Vanessa Pinto Villa of Hogan Lovells.

  • Insights From State AG Coordinated Opioid Investigation

    Richard Lawson

    Much ink has been and will be spilled over the merits and complexities of the lawsuits brought against opioid manufacturers by 23 state attorneys general. However, for any company engaged in a consumer-facing industry, the progress of the recent multistate investigation offers lessons on what to expect when subject to this type of inquiry, says Richard Lawson of Manatt Phelps & Phillips LLP.

  • An Unprecedented Look Inside The FARA Unit

    Brian Fleming

    For close observers of the Foreign Agents Registration Act, the June 8 release by the U.S. Department of Justice of over 50 FARA advisory opinions was a watershed. These opinions offer an unprecedented glimpse into how the FARA Registration Unit interprets the law, say Brian Fleming and Andrew Herman of Miller & Chevalier Chtd.

  • Amended Fiduciary Rule: Done, Done, On To The Next One

    Andrew Oringer

    The deadline for appealing the Fifth Circuit's decision on the amended fiduciary rule to the U.S. Supreme Court expired on June 13, and — pending the Fifth Circuit's mandate ordering the U.S. Department of Labor to officially strike it down — the rule is no more. So, what now? Will the clock be turned back to an earlier time? Maybe not completely, say Andrew Oringer and Aryeh Zuber of Dechert LLP.