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  • June 7, 2018

    Stop Family Separations At Border, Mayors Urge Sessions

    The mayors of Tucson, Arizona, Albuquerque, New Mexico, Houston and Los Angeles urged U.S. Attorney General Jeff Sessions on Thursday to halt the Trump administration's policy of separating immigrant families at the U.S.-Mexico border, calling the policy "flawed on every level."

  • June 7, 2018

    Texas Taxpayer Group Fights $44M Payout To Developer

    A Texas taxpayer group on Wednesday asked a Dallas court for an emergency restraining order to block the payment of $44 million in incentives and upfront infrastructure reimbursements to an entertainment complex, saying the project's developers committed fraud to clear the way for the payment.

  • June 7, 2018

    Oil Field Services Co. Hit With $1M Sexual Harassment Verdict

    An oil field services company on Wednesday was ordered to pay $1 million to a former employee who claimed she was fired one week after starting work as a sales representative both for being pregnant and for rejecting sexual advances from the personnel director.

  • June 7, 2018

    Hilton Owner Can't Revive Hail Coverage Row At 5th Circ.

    The Fifth Circuit on Thursday affirmed a lower court decision favoring Lloyd's of London in the underwriter’s dispute with a Hilton Garden Inn owner over coverage for hail damage, agreeing that the owner failed to present evidence that could determine what portion of the hotel’s losses were covered.

  • June 7, 2018

    Qualcomm Took Too Long To Try To Move Patent Case

    Qualcomm Inc. and GlobalFoundries Inc. must face infringement allegations over a patent related to semiconductor technology in the Eastern District of Texas, U.S. District Judge Rodney Gilstrap ruled Wednesday, agreeing with a magistrate judge's finding that the companies waited too long to ask for the case to be moved to another court.

  • 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.

Expert Analysis

  • Why Texas Contractors Should Watch Lon Smith V. Key

    Brett Wallingford

    Many Texas contractors offer to handle insurance claims for their homeowner customers, but the Texas Supreme Court is currently considering whether to hear an appeal of a case that could deem such actions illegal, rendering their contracts void and unenforceable, says Brett Wallingford of Zelle LLP.

  • Preempting Preemption: Device Cases After Shuker — Part 1

    Kip Petroff

    Device companies defend their products by pointing to surgeons’ off-label uses, as if that shields companies from product liability. But courts are increasingly looking carefully at the facts surrounding allegations of noncompliance with the conditions companies agreed to when obtaining premarket approval, say Kip Petroff and Caio Formenti of the Law Office of Kip Petroff.

  • Finance-Savvy Millennials Are Shifting Business Of Law

    Michael Perlich

    The impact of millennials has already been felt within the legal community by our eagerness to embrace new technologies. One way that we will have potentially even more impact lies in our willingness to embrace new ways of developing business and financing law, says Michael Perich of Burford Capital LLC.

  • Mass. Crackdown Reflects Increased State Regulation Of ICOs

    Christopher Conniff

    The top securities regulator in Massachusetts recently issued consent orders halting five initial coin offerings, reminding virtual currency market participants that they must be mindful of state regulators as well. This “sweep” is likely only the tip of the iceberg for ICOs in Massachusetts and in other states, say attorneys with Ropes & Gray LLP.

  • Opinion

    Attorney-Client Privilege Is Alive And Well

    Genie Harrison

    The FBI raid of the office of President Donald Trump’s personal lawyer set off a firestorm of controversy about the sanctity of the attorney-client privilege, epitomized by Trump's tweet that the "privilege is dead." But attorney-client privilege is never taken lightly — I have battle scars from the times I have sought crime-fraud exceptions, says Genie Harrison of the Genie Harrison Law Firm.

  • Roundup

    Dissolving Practice

    Dissolving Practice

    In this series, experts discuss the unique aspects of closing a law firm, and some common symptoms of dysfunctionality in a firm that can be repaired before it's too late.

  • Series

    Dissolving Practice: How To Fix A Dysfunctional Law Firm

    Larry Richard

    I am often asked, “When there are one or more partner departures, what can a firm do to prevent this from escalating to a catastrophic level?” The short answer is “nothing.” Law firms need to adopt culture-strengthening lifestyles to prevent defections from occurring in the first place, says Larry Richard of LawyerBrain LLC.

  • Series

    Dissolving Practice: Partner Agreement Clauses That Can Help

    ​​​​​Leslie Corwin

    Given the competing public policies of protecting clients’ right to counsel of their choice, lawyer mobility, and the fiduciary duty partners owe to a dissolved firm, it behooves law firms to carefully review their partnership agreements to make sure they adequately spell out what happens in the unfortunate event that the law firm chooses to wind down, say ​​​​​Leslie Corwin and Rachel Sims of Blank Rome LLP.

  • Series

    Dissolving Practice: The Unfinished Business Doctrine

    Thomas Rutledge

    There has been, of late, significant dispute as to the application of the unfinished business doctrine, particularly with respect to hourly rate matters of now-dissolved large law firms. And the California Supreme Court’s recent decision in Heller Ehrman, like others as to similar points, is highly questionable, says Thomas Rutledge of Stoll Keenon Ogden PLLC.

  • Should We Trust The Fiduciary Rule Is Gone?

    Robert Stone

    The U.S. Department of Labor's fiduciary rule has been challenged in court by various organizations on grounds that the agency exceeded its authority in promulgating it. Those challenges culminated in a recent decision by the Fifth Circuit to vacate the rule in U.S. Chamber of Commerce v. DOL, say Robert Stone and Shannon Smith of Katten Muchin Rosenman LLP.