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  • 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.

  • July 31, 2018

    Texas Therapists Ink Settlement With FTC Over Pay Rates

    The Federal Trade Commission said Tuesday that a Texas staffing company for therapists and the former owner of a rival have settled charges that they colluded to keep pay rates low and had asked other companies to join the scheme. 

  • July 31, 2018

    Feds Can't Medicate Immigrant Kids Without Consent

    A California federal judge has ordered the Trump administration to transfer all but the most unstable foreign-born minors out of a Texas residential treatment center, adding that the federal government may not medicate the children with psychotropic drugs without getting consent first.

  • July 31, 2018

    Osprey Shareholder Sues To Stop $400M Blackstone Deal

    An Osprey Energy Acquisition Corp. shareholder has filed a class action suit in Philadelphia’s Court of Common Pleas seeking to stop the company’s $400 million purchase of Blackstone Group LP’s Texas shale stake, claiming top executives withheld information from shareholders to convince them to give up majority control of the new company.

  • July 31, 2018

    Ore. Farm Co. Let Out Of Suit Over Texas Truck Driver’s Death

    A Texas appeals panel on Tuesday dismissed an Oregon farm store company from a wrongful death suit filed by the family of a truck driver killed by falling cargo while unloading a shipment at the company's facility, finding there are not enough legally pertinent connections between the company and Texas for it to face claims there.

  • July 31, 2018

    Bradley Arant Picks Up Energy Attys From Foley Gardere

    Bradley Arant Boult Cummings LLP has added three new partners to its Houston office from Foley Gardere, boosting the Alabama-based firm’s stable of energy industry attorneys.

  • July 31, 2018

    Voters Take 'Misleading' Tax Measure Fight To Texas Justices

    A group of residents of Friendswood, Texas, have appealed to the Texas Supreme Court, asking it to overturn a lower court's ruling saying a tax measure placed on the ballot was not misleading to voters.

  • July 30, 2018

    Ranch Says Permian Operator Owes $2M For Breaches

    The Mabee Ranch Royalty Partnership LP filed a lawsuit Monday in Texas state court against Permian Basin operator Concho Resources, alleging it's owed $2 million or more for multiple and repeated breaches of a lease for its acreage in West Texas that includes drilling across lease lines and not paying royalties on flared gas.

  • July 30, 2018

    States Sue To Block Federal 3D Gun Printing Settlement

    Eight states and Washington, D.C., sued the Trump administration in Washington federal court Monday, seeking to block a recent settlement allowing a defense firm to publicly post 3D printing plans for guns online, saying the deal would wrongly allow “dangerous criminals” to effectively access untraceable weapons.

  • July 30, 2018

    Texas Court Revives Suit Over Trucker's Accident Death

    A Texas appellate panel has partially revived claims by the family of an oil field truck driver that excessive on-the-road hours imposed by his company led to fatigue that caused him to fatally crash on the job.

Expert Analysis

  • 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.

  • A Farxiga Opinion That's All Hat, No Cattle

    Lora Spencer

    Is everything really bigger in Texas? A New York federal court's ruling in Aron v. Bristol-Myers Squibb — apparently the first reported opinion from the Farxiga multidistrict litigation — would have us believe that pharmaceutical manufacturers have bigger tort liability under Texas law. But the court let the plaintiffs slide on a number of key points, says Lora Spencer of Reed Smith LLP.

  • Why Lawyers Shouldn't Accept Fees In Cryptocurrency: Part 2

    John Reed Stark

    The legal industry has already begun to feel the impact of anti-bribery and anti-money laundering requirements. When involved with cryptocurrency trading and remittance, law firms face more than the risk of being perceived as organizations that support money laundering practices, says John Reed Stark of John Reed Stark Consulting LLC.

  • Curious Case Of The Class Cert. Evidentiary Standard: Part 2

    Robert Sparkes

    The majority of circuit courts that have addressed the issue have made clear that district courts should not consider inadmissible evidence when evaluating motions for class certification. In the final part of this series, Robert Sparkes of K&L Gates LLP​​​​​​​ presents a critique of the minority viewpoint as recently adopted by the Ninth Circuit in Sali v. Corona Regional Medical Center.

  • Curious Case Of The Class Cert. Evidentiary Standard: Part 1

    Robert Sparkes

    Can courts consider only admissible evidence at the class certification stage, or are motions for class certification governed by looser evidentiary standards? Robert Sparkes of K&L Gates LLP​​​​​​​ discusses the divergent decisions from the U.S. circuit courts of appeals addressing this issue, both in the context of expert and nonexpert evidence.

  • Patent Venue Trends And Considerations Post-Cray

    Andrew Holmes

    For patent venue disputes, the Federal Circuit's 2017 Cray opinion marks a return to fact-intensive inquiries over whether a “regular and established place of business” exists in a district. Over the last six months, courts have been placing greater weight on certain facts over others, say Andrew Holmes and Zachary Flood of Quinn Emanuel Urquhart & Sullivan LLP.

  • Why Lawyers Shouldn't Accept Fees In Cryptocurrency: Part 1

    John Reed Stark

    Law firms are increasingly accepting cryptocurrency as payment for services. While this might seem innovative and forward-thinking, ironically it is much more of a throwback, says John Reed Stark of John Reed Stark Consulting LLC.

  • Clearer Rule On Witness Compensation Disclosure Is Needed

    Ekaterina Long

    In April, the Fifth Circuit vacated a jury verdict in the Pinnacle hip implant product liability litigation due to undisclosed payments made to plaintiffs' experts. This issue would not have arisen if Federal Rule of Civil Procedure 26(a)(2)(C) imposed an affirmative duty to make a complete disclosure regarding compensation of nonretained expert witnesses, says Ekaterina Long of Godwin Bowman & Martinez PC.

  • Highway Trust Fund Is Out Of Gas — Time For Mileage Fees

    Joshua Andrews

    Revenue from the federal gas tax — last increased in 1993 — continues to decline, leaving infrastructure critically underfunded. But pilot programs in multiple states have now proven that mileage-based road user fees can replenish the Highway Trust Fund and be implemented practically and fairly, say Joshua Andrews, Charles Stitt and Theodore Bristol of Faegre Baker Daniels Consulting.

  • Opinion

    The Fight Against NPEs, 1 Year After TC Heartland

    Rachel Wolbers

    As the data shows, the U.S. Supreme Court's TC Heartland decision last year marked a major milestone in addressing extreme forum selection in patent law, and to some extent the threat of nonpracticing entity litigation abuse faced by startups. But other NPE problems need fixing, say Rachel Wolbers of Engine and Jonathan Stroud of Unified Patents Inc.