Texas

  • January 6, 2017

    Houston Real Estate Co. Says Atty’s Negligence Cost It Big

    Real estate company Hot Ocean LLC told a district judge in Houston on Thursday that its former attorney and her firm, Moulton Wilson & Arney LLP, cost it more than $1 million and effectively caused it to lose control of the company through negligent and improper joint representation in an underlying business transaction.

  • January 6, 2017

    Stanford Says Trump Justice May Be Key To Ponzi Appeal

    Convicted Ponzi schemer Robert Allen Stanford has asked the U.S. Supreme Court for another shot at challenging his 110-year prison sentence for running a $7 billion securities fraud racket, saying an expected new justice named by President-elect Donald J. Trump may make all the difference in his case.

  • January 6, 2017

    Charity Says NFL Is Trying To Avoid Commissioner Deposition

    Nonprofit Strikes For Kids said the NFL’s attempt to move a case over a relocated kids charity event involving NFL players is nothing but an improper scheme to avoid a deposition of Commissioner Roger Goodell, filing an emergency motion to have the case sent back to a Texas state court where the case is set for a trial next month.

  • January 6, 2017

    Giving Pfizer Rebate Info To Lawmakers Legal, Texas Says

    The Texas Health and Human Services Commission on Friday told a Texas federal court that it didn’t violate any laws by providing Pfizer Inc.’s drug pricing and rebate information to two state legislators because the public information act provides explicit exceptions for lawmakers.

  • January 6, 2017

    CMS Extends Ban On 6 States’ Ambulance, Home Health Cos.

    The Centers for Medicare and Medicaid Services on Friday again expanded a temporary ban on nonemergency ambulance suppliers and home health care agencies in six states from enrolling in Medicare and Medicaid for six months, saying the prohibition has helped fight fraud and abuse.

  • January 6, 2017

    Norton Rose Litigation Partner Returns From K&L Gates

    Norton Rose Fulbright on Thursday announced the return of a complex commercial litigation attorney to its Houston offices as a partner after he spent about the last three years at K&L Gates LLP.

  • January 6, 2017

    Texas Justices Reinstate Appeal Over SandRidge Royalties

    The Texas Supreme Court on Friday reinstated an appeal from the Texas General Land Office in its fight with SandRidge Energy Inc. over royalty payments it said it was shorted by the company, lifting an abatement that had been in place since May while SandRidge underwent Chapter 11 proceedings.

  • January 6, 2017

    Denbury Gas Contracts Back Land Taking, Texas Justices Say

    The Texas Supreme Court on Friday held a Denbury Resources pipeline company had established it has the right to take private property through eminent domain through evidence of post-construction contracts to carry gas for third parties.

  • January 6, 2017

    5 Insights From General Electric's Alex Dimitrief

    “Data sovereignty” is a recent trend with important consequences for GE’s future as a digital industrial company. The technical challenges alone are immense. But compounding those challenges are the growing number of countries considering laws that would impede the flow of data across national borders, says Alex Dimitrief, general counsel of General Electric Co.

  • January 5, 2017

    Insurer Needn't Cover $22M Award In Pizzeria Sex Assault

    Century Surety Co. doesn't have to cover a nearly $22 million award won by a woman who sued the owner of Dallas-area restaurant Pastazios Pizza Inc. for sexually assaulting her after serving her multiple rounds of beer and whiskey under the pretext of a job interview, a Texas federal judge ruled Wednesday.

  • January 5, 2017

    Patent Trolls Flock To East Texas' Harsh Costs

    Litigation costs rack up faster for accused patent infringers in the Eastern District of Texas than anywhere else in the country because of the district’s procedural rules, contributing to its outsize popularity with so-called patent trolls, according to a recently published law review article.

  • January 5, 2017

    Western Refining Investor Files Suit Over $6.4B Tesoro Merger

    Western Refining Inc. and its board of directors were hit with a putative shareholder class action in Texas federal court Wednesday alleging the company’s proposed $6.4 billion merger deal with Tesoro Corp. is tainted by misleading statements made to shareholders and an undervaluation of the company.

  • January 5, 2017

    Texas Republicans Propose 'Bathroom Bill'

    The Texas Privacy Act was introduced Thursday by the state's lieutenant governor and a fellow Republican in the state Senate, who said the bill would protect the privacy of Texans in restrooms and changing facilities.

  • January 5, 2017

    Texas Gov't Contracts Would Lose Privacy Under New Bills

    Government contracts would be subject to more public scrutiny under Texas legislation filed this week proposing to lift previous rules that allow public contract bids and final contract details to remain private, with the bills coming in direct response to two Texas Supreme Court decisions.

  • January 5, 2017

    Houston Firm Wants High Court Review Of Fen-Phen Fee Row

    Houston law firm Fleming Nolen & Jez LLP told the Texas Supreme Court on Wednesday that it should review its referral fee contract dispute with Kirkin Law Firm PC tied to a $339 million settlement against Wyeth over the U.S. Food and Drug Administration-recalled weight loss drug fen-phen, because a lower court dismissed its appeal on a technicality.

  • January 5, 2017

    GE Urges Nix Of DQ ‘Retaliation’ In Incubator Patent Row

    General Electric Co. on Wednesday pushed back against International Biomedical Ltd.’s demand that the conglomerate’s in-house and external Arnold & Porter Kaye Scholer LLP counsel be disqualified from infringement litigation over certain neonatal incubator patents, arguing the move is simply retaliation for GE’s own demand that IBL’s counsel be disqualified.

  • 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. 

Expert Analysis

  • 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.

  • What To Expect From The New Senate

    Kay Bailey Hutchison

    A word of caution to our fellow Republicans — one lesson learned from President Obama’s first two years in office is that pushing through partisan legislation could come back to haunt a party and a presidency, say former Sen. Kay Bailey Hutchison, R-Texas, and Curt Beaulieu of Bracewell LLP.

  • Merging Law Firms: Beware Conflicts Of Interest

    Allison Martin Rhodes

    Among the many ethical issues that can arise, conflicts of interest from current or past representation of each firm’s clients should be at the forefront of merger discussions. Recently, we have seen such conflicts disqualify firms in the middle of high-cost litigation, say Allison Martin Rhodes of Holland & Knight LLP and Robert Hillman of the University of California, Davis.

  • Man Vs. Machine: Or, Lawyers Vs. Legal Technology

    Abdi Shayesteh

    Some have claimed that emerging legal technologies and increasingly cost-conscious clients will mean the extinction of the legal profession as we know it. However, innovations in legal technology may actually benefit attorneys, allowing them to spend their time doing more meaningful work, say Abdi Shayesteh and Elnaz Zarrini of AltaClaro.

  • OPINION: The Verdict — A Rejection Of Politics As Usual

    Reuben Guttman

    The verdict on Nov. 8, was not unanimous, especially when Secretary Hillary Clinton will end up with a popular vote advantage. Yet, it is a message of extreme magnitude from voters willing to overlook the serious flaws of a candidate because they could not reconcile themselves to ratifying the perpetuation of politics as usual, says Reuben Guttman, a partner of Guttman Buschner & Brooks PLLC and adjunct professor at Emory Law School.