• November 30, 2017

    Harvard, Micron Tech IP Suit Moved In Light Of TC Heartland

    A Boston federal judge on Thursday relocated Harvard College's suit against Micron Technology over computer technology patents after a Federal Circuit ruling tossed his earlier decision and resolved a jurisdictional debate nagging judges nationwide.

  • November 30, 2017

    5th Circ. Wipes Out $84M Hotel-Tax Win For Texas Cities

    A panel of Fifth Circuit judges said Wednesday that service fees charged by online travel companies were not subject to Texas hotel occupancy tax ordinances, overturning an $84 million award for a class of cities seeking unpaid taxes on the full amount paid for hotel rooms.

  • November 30, 2017

    Judge Skeptical Of Exxon's Fight Against AG Climate Probe

    A New York federal judge on Thursday appeared skeptical that ExxonMobil could make a case that climate change probes launched by the attorneys general of New York and Massachusetts violate its free speech rights, though she gave the energy giant a chance to convince her otherwise through additional briefing.

  • November 30, 2017

    Squire Patton Acquires Cybersecurity Litigation Boutique

    Squire Patton Boggs LLP has acquired the litigation boutique Yarbrough Law Group PC in Dallas, bolstering its litigation capabilities and expanding its white collar, cybersecurity, data privacy and intellectual property practice, Squire Patton Boggs said Thursday.

  • November 30, 2017

    Gilstrap Boots Absentee Atty From Patent Case

    A Texas federal judge on Wednesday kicked an attorney in a patent dispute off the case after the attorney failed to produce discovery documents, respond to motions, show up to mediation, or follow a court order to appear in person to explain himself.

  • November 30, 2017

    SEC Official Says More ICO Enforcement Actions Expected

    A top U.S. Securities and Exchange official said Thursday that the agency expects to take additional enforcement actions regarding initial coin offerings, a new form of capital-raising based on the same technology that powers digital currency bitcoin that has largely been unregulated until recently.

  • November 30, 2017

    Hanover Pushes Back On Liquor Chain's 5th Circ. Revival Bid

    Hanover Insurance Co. on Thursday asked the Fifth Circuit to find it does not owe a Texas liquor store chain the costs of a lawsuit against the chain’s credit card processor after two data breaches, arguing all the evidence pointed toward the claim being excluded.

  • November 30, 2017

    Teladoc Drops Antitrust Suit Against Texas Med Board

    Remote medical care provider Teladoc Inc. on Wednesday dropped its federal antitrust suit against the Texas Medical Board over rules requiring doctors to see patients face-to-face before providing services, months after a new state law was signed negating the rules.

  • November 30, 2017

    Texas Panel Nixes Walgreens' Bid To Toss Assault Suit

    Texas' First Court of Appeals on Thursday denied Walgreen Co.'s bid to toss a lawsuit brought against it by a customer who was assaulted by an employee after an “animated discussion” with a pharmacist, and rejected the pharmacy's argument that the assault claim was actually a health care liability claim.

  • November 30, 2017

    Texas Medical Board Slams Doc's Appeal At 5th Circ.

    The Texas Medical Board on Wednesday asked the Fifth Circuit to reject a doctor’s attempt to stall an administrative proceeding against him over allegations of abusive prescribing practices, saying a district court judge correctly relied on the well-founded recommendations of two magistrate judges.

  • November 29, 2017

    SBM Offshore To Pay $238M Fine For FCPA Bribery Violations

    SBM Offshore NV, a Dutch-based oil drill manufacturer, pled guilty to conspiring to violate the Foreign Corrupt Practices Act in Texas federal court Wednesday, agreeing to pay $238 million for its role in a scheme to bribe officials across the globe for government contracts.

  • November 29, 2017

    DOJ Clears RealPage's $300M Rent-Pricing Provider Deal

    Real estate data analytics and software provider RealPage announced Tuesday that its proposed $300 million acquisition of a revenue management system has been approved by the U.S. Department of Justice, clearing the purchaser’s latest move to bolster its data-driven pricing options for apartment complex owners and operators seeking to lease their properties.

  • November 29, 2017

    ThyssenKrupp Says Rehearing Bid Needed In Seizure Row

    ThyssenKrupp Mannex GmbH has reiterated its bid for the entire Fifth Circuit to revisit its decision allowing Daewoo International Corp. to seize an iron shipment before arbitrating a contract dispute with an English shipper, saying Daewoo's argument against its rehearing petition is "replete with errors."

  • November 29, 2017

    Home Health Co. Sued After Nurse Strikes Disabled Boy

    The mother of a disabled boy accused home health provider Epic Health Services of medical malpractice after one of its nurses allegedly struck the boy in the eye when he became agitated, according to a suit filed in Texas federal court Wednesday.

  • November 29, 2017

    Texas State Can't Ditch Nursing Prof's Age Bias Suit

    A Texas appellate court on Wednesday said Texas State University’s failure to renew a former nursing professor’s term employment contract or hire her for a permanent professorship could be considered an “adverse action” under the state Labor Code in an age discrimination and retaliation case.

  • November 29, 2017

    5th Circ. Upholds 12-Month Tax Evasion Sentence

    The Fifth Circuit affirmed a 12-month prison sentence Wednesday imposed by the Southern District of Mississippi for willful tax evasion, saying the taxpayer's appeal failed to show the within-guidelines sentence was “substantively unreasonable.”

  • November 29, 2017

    Pharmacies Abused Federal Workers' Comp, FCA Suit Says

    The U.S. federal government filed a False Claims Act suit in Texas federal court Wednesday alleging two pharmacies and their effective owners paid a chiropractor kickbacks to refer them prescriptions that the government would then reimburse under the federal workers’ compensation program.

  • November 29, 2017

    Trump's Judge Picks Proceed Despite 'Blue Slip' Tradition

    President Donald Trump’s picks for Fifth and Eighth Circuit vacancies — including Kyle Duncan, a lead attorney in the U.S. Supreme Court’s Hobby Lobby case — defended their records during a Senate hearing Wednesday as the Judiciary Committee prepares to break with its tradition of deferring to opposition from nominees' home state senators.

  • November 29, 2017

    Exxon Slams $6M Fee Request In $20M Pollution Suit

    Exxon Mobil Corp. has slammed a $6 million fee request from environmental groups who recently won a $20 million judgment against the company over air pollution, telling a Texas federal court that the groups ran up their bill by litigating meritless issues.

  • November 29, 2017

    Schlumberger Mechanic Can't Revive False Imprisonment Suit

    A Texas appellate court on Wednesday rejected a bid from a former Schlumberger Technology Corp. mechanic to revive a dismissed false imprisonment suit he filed against the company after he was arrested.

Expert Analysis

  • Anti-Inversion Rule Down, But Not Out, With Texas Ruling

    Mary Monahan

    A Texas federal court recently struck down the temporary anti-inversion regulation charged with preventing the planned merger between Pfizer and Allergan as well as other cross-border transactions. The decision may have significant procedural implications, but there may be little practical import for this specific regulation, say attorneys with Eversheds Sutherland.

  • Financial Crisis Anniversary

    New Post-Recession Metrics For BigLaw Partner Success

    Peter Zeughauser

    After nearly a decade of recession-accelerated change in the legal industry, “merit-based” compensation has largely come to mean measuring attorney success using some combination of origination and working attorney hours metrics. However, there are signs that the real impact of the recession is still around the corner, and that building a book isn’t enough, says Peter Zeughauser of Zeughauser Group.

  • Hurricane Readiness And Response: The Hospitality Industry

    Karl Heisler

    There are lessons to be learned in how this year's hurricane readiness and response plans stood up to Hurricanes Harvey, Irma and Maria. Many in the hospitality industry are working to incorporate these lessons and revise their readiness plans before the next storm hits, says Karl Heisler of Katten Muchin Rosenman LLP.

  • Opinion

    Time To Lift Student Loan Counseling Restrictions

    Christopher Chapman

    While it lends more than $100 million each year to our nation’s college students — including law students — the U.S. Department of Education surprisingly limits loan counseling to one-time entrance counseling for first-time student borrowers. Is this rational? asks Christopher Chapman, president of AccessLex Institute, a nonprofit focused on access to legal education.

  • Adapting To Equal Pay Laws In Flux

    Charles Thompson

    New legislation aimed at closing the pay gap between men and women may undo business practices that, even if benevolently motivated, result in disparate pay. Despite this laudable objective, these laws create a litany of challenges for employers and may necessitate a wholesale revision of policies and practices related to employee compensation, says Charles Thompson of Polsinelli.

  • 3 Strategies I Learned From LegalZoom

    Jeff Unger

    Critics of legal tech companies will often say, “Trust a reputable attorney that understands you, your situation and the law.” As an attorney, I wholeheartedly agree. But from the consumer’s perspective, the message seems out of touch with the digital age, says Jeff Unger, founder of the law firm eMinutes.

  • Why You Should Consider Hyperlinking Your Next Brief

    Christine Falcicchio

    The shift to electronic filing has somewhat eased the task of reviewing briefs and their supporting files. An e-brief takes e-filing to the next level, says Christine Falcicchio, a principal at Strut Legal Inc.

  • Venue Transfers Within East Texas: The Case To Know

    Matthew Zorn

    Following the recent Cray ruling on patent venue, companies that have physical presences in the northern Dallas suburbs and are subject to infringement suits in the Eastern District of Texas may want to consider transfer to the Sherman Division under a Fifth Circuit case rarely invoked in patent cases — Radmax, says Matthew Zorn of Yetter Coleman LLP.

  • Series

    What I Learned In My 1st Year: Listen Carefully, Speak Up

    Marcy Rothman

    When I graduated from law school, I landed at an old-line firm in the Golden Triangle of Texas. Two significant things happened to me around that time. One pertained to learning to listen, and the other pertained to refusing to participate in what I heard, says Marcy Rothman of Kane Russell Coleman Logan PC.

  • Asian-Americans Facing Challenges In The Legal Industry

    Goodwin Liu

    Asian-Americans are the fastest-growing minority in the legal profession, but recent studies confirm their underrepresentation among partners, prosecutors, judges and law school administrators. We must take action, say Goodwin Liu, associate justice of the California Supreme Court, and Ajay Mehrotra of the American Bar Foundation.