• January 5, 2017

    Doctor Escapes Malpractice Row Over Knee Surgery

    A Texas doctor on Wednesday escaped a medical malpractice suit related to a knee surgery he performed on a woman after a federal judge found the patient didn't have solid facts to back her cries of negligence.

  • January 4, 2017

    Oil Workers, Frank's International Settle FLSA Overtime Suit

    At the request of a proposed class of employees who worked for oil field company Timco Services LLC and, after a merger, are now employed by Frank's International, a federal judge in Texas on Wednesday dismissed with prejudice their Fair Labor Standards Act suit alleging they're owed overtime pay.

  • January 4, 2017

    Energy Firm Davis Gerald Adds 2 Attys To Austin Office

    Midland, Texas-based firm Davis Gerald & Cremer PC has scooped up two attorneys comprising Austin-based specialty firm Ratliff Law Firm PLLC, the firm announced this week, bolstering its litigation and appellate capabilities in its state capital offices.

  • January 4, 2017

    JC Penney Wins Initial OK For $4.5M ERISA Deal

    A Texas federal judge preliminarily blessed a $4.5 million settlement between J.C. Penney and class of employees who claim they suffered losses in their benefit plans as a result of the company’s misstatements surrounding its financial position, after both sides agreed to settle in June. 

  • January 4, 2017

    EPA Will Review Drilling Waste Regs To Settle Enviros' Suit

    The U.S. Environmental Protection Agency has agreed to review and potentially update its oil and gas drilling waste disposal rules to settle a suit brought by environmental groups, a move blasted by a Texas energy regulator Tuesday as unnecessarily trampling over state regulation of drilling waste disposal.

  • January 4, 2017

    Texas Tenant Liable For Fire Under Apartment Lease

    An apartment tenant whose dryer caught fire must indemnify Philadelphia Indemnity Insurance Co. for damage to the property under a standard Texas lease after a Texas appellate court on Wednesday rejected arguments the lease contained an improper strict liability clause.

  • January 4, 2017

    NLRB Can’t Get Around Murphy Oil, 5th Circ. Told

    A cleaning products maker urged the Fifth Circuit on Tuesday not to enforce a National Labor Relations Board ruling striking a requirement that its workers sacrifice class action rights for benefits, saying the court is bound by its earlier rulings and that concerns of seemingly impaired access to the board are unfounded.

  • January 4, 2017

    Total Says Ruling On SEC Judges Makes Case Against FERC

    A Tenth Circuit decision that U.S. Securities and Exchange Commission administrative law judges should be appointed under the U.S. Constitution reinforces why a Total SA unit's fight over gas market manipulation penalties must be conducted in federal court and not before the Federal Energy Regulatory Commission, Total told the Fifth Circuit on Tuesday.

  • January 4, 2017

    NFL Takes Charity Event’s Gambling Suit To Federal Court

    The National Football League removed a fraud suit brought by a nonprofit charity event to Texas federal court on Wednesday, saying the court has jurisdiction because the action’s claims require an interpretation of the collective bargaining agreement between the NFL and its players union.

  • January 4, 2017

    5th Circ. Nixes Human Trafficking Suit Against KBR

    A split panel of judges on the Fifth Circuit affirmed a lower court's toss of a suit accusing Kellogg Brown & Root Inc. of violating the Alien Tort Statute and the Trafficking Victims Protection Reauthorization Act, citing Supreme Court precedent that they do not apply “extraterritorially.”

  • January 4, 2017

    Late Bass Pro Applicants Can't Join EEOC Class

    A Texas federal judge Tuesday ruled that applicants cannot join a class in the U.S. Equal Employment Opportunity Commission’s case alleging Bass Pro Outdoor World LLC discriminated against minority applicants if they applied after the commission issued its determination.

  • January 3, 2017

    J&J Gets $1B Damages Cut In Half In Hip Verdict

    A Texas federal judge on Tuesday slashed nearly in half the more than $1 billion in punitive damages a jury awarded to plaintiffs who claimed Johnson & Johnson and subsidiary DePuy Orthopaedics Inc. rushed a faulty hip implant to market, prompting the plaintiffs to appeal.

  • January 3, 2017

    REIT NexPoint Residential Drops $108M On Texas Properties

    NexPoint Residential Trust Inc. has purchased a 924-unit, two-property multifamily portfolio in Houston for roughly $108 million, according to an announcement Tuesday from the Dallas-based real estate investment trust.

  • January 3, 2017

    Texas Judge Won't Stay DOL Overtime Case Pending Appeal

    A Texas federal judge on Tuesday denied the U.S. Department of Labor's bid to stay a lawsuit brought against it by 21 states over its new overtime rules, finding that although a Fifth Circuit ruling could impact the merits of the instant case, that's not enough to pause district court litigation.

  • January 3, 2017

    Ex-NFLer Says Texans Turf Injury Suit Belongs In State Court

    A former NFL linebacker has urged a Texas federal court to send his tort claims against the Houston Texans over an injury suffered in 2014 due to allegedly unsafe turf at Houston's NRG Stadium back to state court, arguing the case does not implicate the league's collective bargaining agreement.

  • January 3, 2017

    Texas Sues FDA Over Death Penalty Drug Import Delay

    Texas sued the U.S. Food and Drug Administration in federal court Tuesday over delays in receiving a drug crucial to administering lethal injections, claiming the FDA has unnecessarily and improperly refused to clear a drug shipment the agency stopped at the border in 2015.

  • January 3, 2017

    Hospital Must Pay Aetna $41M For Out-Of-Network Scheme

    A Texas federal judge has ruled that Humble Surgical Hospital LLC must pay Aetna Life Insurance Co. for a scheme in which it reaped millions by enticing patients to use out-of-network services and charging excessive fees, with Aetna electing to reap the highest possible recovery of $41.4 million.

  • January 3, 2017

    Oil Futures Trader Gets 10 Years For $1.4M Ponzi Scheme

    A Texas federal judge on Tuesday sentenced a New York-based oil futures trader to 10 years in prison for orchestrating a Ponzi scheme in relation to his operation commodity pool, which took more than $1.4 million from investors.

  • January 3, 2017

    Texas AG Sides With White Lawyer In Fight Over Bar Board

    The Texas attorney general has jumped into a lawsuit in federal court targeting a state law that reserves four seats on the State Bar of Texas’ board of directors for minority members, supporting a white male lawyer’s claim he’s being discriminated against.

  • January 3, 2017

    6 Cop To $2M Bribery Plot For Aircraft Service Contracts

    Four businessmen and two former Mexican officials have pled guilty to a $2 million bribery scheme regarding maintenance and repair contracts for aircraft owned by the Mexican government, according to recently unsealed Texas federal court records.

Expert Analysis

  • Avoiding Law Firm BYOD Risks: Tips For Securing Devices

    Everett Monroe

    Many believe that the solutions to the security problems created by using smartphones for work are primarily technological, but a much larger piece of the puzzle involves the human factor. To achieve reasonable security around mobile devices, law firms must go back to basics — clear policies, effective training and thoughtful oversight, says Everett Monroe of Hanson Bridgett LLP.

  • 4 Ways Lawyers Can Improve Their Marketing

    Mike Mellor

    Attorneys may not realize the breadth of services that their marketing, design and library teams offer. One of the things I like to do when attorneys start at our firm is give them a download of the kinds of problems we can solve for them so they know how to work with us most effectively, says Mike Mellor, director of marketing at Pryor Cashman LLP.

  • Beyond Bean Counting: How Legal Can Add True Value


    For legal departments to stay in front of the crowd, cost-cutting alone is not enough. Neither is claims-driven revenue generation, nor running endless analytics of outside legal spend. This is short-term, passive, scarcity-based thinking that keeps legal departments from offering their corporate clients the greatest possible value — competitive advantage, says David Wallace of Herbert Smith Freehills LLP.

  • Best Practices For Executing Pay Equity Audits

    Excerpt from Lexis Practice Advisor
    Jeffrey M. Landes

    Although the Equal Pay Act has been in effect for 50 years, it recently gained renewed momentum with White House backing and an active task force, which has aggressively pursued employers who have violated its requirements. Jeffrey Landes of Epstein Becker Green PC guides practitioners in providing advice and counsel to employers regarding how to ensure compliance with all equal pay laws.

  • OPINION: The US Supreme Court In 2017

    James Brosnahan

    The ideologue’s main problem is believing in conformity of thought. They will now search for true believers, but fortunately very few judges harbor the dark, conservative uniformity desired. If they do find one, the Senate will not confirm, says James Brosnahan, a senior trial counsel with Morrison & Foerster LLP.

  • OPINION: Texas Must Adhere To The 8th Amendment

    Mark White

    When Moore v. Texas is argued on Nov. 29, the U.S. Supreme Court will have an important opportunity to reject an unscientific state-law standard that allows the wrongful and unconstitutional execution of persons with intellectual disability, according to Mark Earley, former attorney general of Virginia, and Mark White, the 43rd governor of Texas.

  • How Energy Firms Can Use The Defend Trade Secrets Act

    Benjamin Fernandez

    Whether it's hydraulic fracturing fluid ingredients, customer lists, geologic and seismic data or employee know-how, energy companies routinely face trade secret issues. With the enactment of the federal Defend Trade Secrets Act this year, energy companies have a new tool to safeguard against misappropriation of their proprietary information, say attorneys with WilmerHale.

  • Merging Law Firms: Think Before You Tie The Knot

    John Remsen Jr.

    Getting larger isn’t a good enough reason to merge. Focus on whether the merger will make your firm better. Also, it’s possible that a merger can reduce profitability, says John Remsen Jr. of TheRemsenGroup.

  • How A Trump Administration Might Affect Product Liability

    James Beck

    How will the drug and medical device product liability space change under the new presidential administration? James Beck of Reed Smith LLP considers likely upcoming developments around issues including U.S. Food and Drug Administration rulemaking, U.S. Supreme Court nominations, corporate speech, federal product liability legislation, and more.

  • Merging Law Firms: Why Deals Fail Or Underperform

    Lisa Smith

    While many law firm mergers have been successful, some have been spectacularly unsuccessful — to the point of firm dissolution. Some have exceeded expectations, while others have had little impact on the overall competitiveness of the combined firm. In both failed discussions and less-than-successful mergers, there are mistakes that are made along the way, says Lisa Smith of Fairfax Associates.