• February 1, 2017

    Texas Court Tosses $3M Barnett Shale Nuisance Judgment

    A Texas appeals court threw out a $2.9 million judgment against Aruba Petroleum Inc. Wednesday stemming from alleged noise, light and odor at several of its Barnett Shale gas wells, finding insufficient evidence Aruba intentionally created a nuisance on the property.

  • February 1, 2017

    Senators Flirt With Nuclear Option Over High Court Pick

    The Senate fight over Tenth Circuit Judge Neil Gorsuch’s nomination to the U.S. Supreme Court could soon “go nuclear,” as less than a day after President Donald Trump put Gorsuch up for the court, political discussion has already turned to breaking a likely Democratic filibuster and pushing him through without any bipartisan support.

  • February 1, 2017

    Similar On The Law, Gorsuch Differs From Scalia In Style

    If confirmed by the Senate, U.S. Supreme Court nominee Neil Gorsuch would bring to the bench a strikingly similar judicial philosophy to that of the late Justice Antonin Scalia, but former clerks and colleagues say the Tenth Circuit judge and Colorado native’s congenial temperament couldn’t be more different from the fiery Scalia's.

  • February 1, 2017

    Texas Hospital Fined $3.2M For Losing Unprotected Devices

    A Dallas children’s hospital has paid a $3.2 million penalty for failing to properly protect electronic health records until after an unencrypted laptop with information about nearly 2,500 people was stolen from its building, the U.S. Department of Health and Human Services announced Wednesday.

  • February 1, 2017

    Energy Law Boutique Nabs Top Texas Appellate Lawyer

    Energy law boutique Davis Gerald & Cremer announced on Wednesday that it has snagged Charles “Skip” Watson, an attorney with extensive experience practicing before the Texas Supreme Court, as a shareholder in the firm’s Austin office.

  • February 1, 2017

    Texas Appeals Court Nixes $27M Drilling Contract Suit Award

    A Texas appeals court on Wednesday wiped out a $27.7 million judgment against Carrizo Oil & Gas Inc. in a drilling farmout agreement dispute, saying a lower court judge wrongly excluded evidence supporting Carrizo's argument that it didn't breach the deal.

  • February 1, 2017

    5th Circ. Says Solar Plant Suit Belongs In Texas Court

    The Fifth Circuit on Wednesday upheld the remand of a dispute between the owner of an Idaho solar power project and a prospective builder of the plant to Texas state court, saying a confidentiality agreement between the parties clearly requires all disputes be resolved in that venue.

  • February 1, 2017

    Ameron Says AIG, Chubb Must Cover Corrosion Settlement

    Industrial equipment maker Ameron International Corp. hit units of American International Group Inc. and Chubb Limited with a Texas federal court suit Tuesday seeking coverage for its settlement of litigation over corrosion on a $1.4 billion natural gas project.

  • February 1, 2017

    Attys React To Judge Gorsuch's Supreme Court Nomination

    President Donald Trump nominated Tenth Circuit Judge Neil Gorsuch on Tuesday to become the next associate justice on the U.S. Supreme Court, aiming to fill the vacancy left by Justice Antonin Scalia's death. Here, attorneys tell Law360 what they think about the nomination.

  • February 1, 2017

    J&J's Hip Verdict Appeal Attacks 'Inflammatory' Rhetoric

    Kicking off their appeal of a massive bellwether trial verdict, DePuy Orthopaedics Inc. and parent company Johnson & Johnson have told the Fifth Circuit that five hip-replacement patients' defect claims should never have reached a jury, nor should that jury have heard "inflammatory" and "prejudicial" statements.

  • February 1, 2017

    Benicar MDL Judge Won't Send Med Mal Suit To State Court

    The New Jersey federal judge overseeing multidistrict litigation over claims that blood pressure drug Benicar can cause gastrointestinal injuries has refused to send back a suit to Texas state court, finding that a doctor accused of medical malpractice and also named in the suit had been fraudulently added.

  • February 1, 2017

    Judge Recommends Nixing Money Transfer IP Under Alice

    A Texas federal judge recommended Monday that four patents owned by technology firm Integrated Technological Systems Inc. be invalidated, a move that could release First Internet Bank of Indiana from infringement claims.

  • February 1, 2017

    Oculus, Execs Must Pay $500M For Software Infringement

    Facebook Inc. subsidiary Oculus VR LLC and several of its executives must pay $500 million in damages to video game developer ZeniMax Media LLC for copyright and trademark infringement and breach of a non-disclosure agreement in a case tied to its virtual reality technology, a Texas federal jury found Wednesday.

  • February 1, 2017

    Blackstone REIT Invitation Homes Raises $1.5B In IPO

    The Blackstone Group LP’s Invitation Homes Inc., a real estate investment trust with a portfolio of rental properties purchased at bargain prices after the financial crisis, reeled in $1.54 billion with an initial public offering on Tuesday guided by Simpson Thacher & Bartlett LLP, the largest IPO since 2015.

  • February 1, 2017

    Senate Approves Tillerson As Secretary Of State

    Former Exxon CEO Rex Tillerson will serve as President Donald Trump’s secretary of state after receiving Senate confirmation Wednesday, as battles over the Cabinet continue this week amid Trump’s controversial order on immigration.

  • February 1, 2017

    Insurer Must Split Army Depot Injury Defense, 5th Circ. Says

    A Fifth Circuit panel affirmed Tuesday that United Fire and Casualty Co. must split with Colony National Insurance Co. the cost of defending a general contractor in an underlying lawsuit stemming from injuries a worker suffered at a construction site on a U.S. Army base in Texas.

  • January 31, 2017

    Gorsuch Likely To Restore Scalia-Era High Court Balance

    With a solid conservative bent, President Donald Trump’s nominee for the U.S. Supreme Court, Circuit Judge Neil Gorsuch, is unlikely to shift the high court’s jurisprudence significantly away from where it stood with the late Justice Antonin Scalia, legal experts say.

  • January 31, 2017

    Gorsuch's Credentials Could Prove Troubling To Opposition

    The praise for Tenth Circuit Judge Neil Gorsuch following his nomination to the U.S. Supreme Court Tuesday night came from many prominent legal figures, reflecting how it will be hard for Democrats to challenge President Donald Trump's selection given the judge's impeccable resume.

  • January 31, 2017

    3 Gorsuch Opinions You Need To Read Right Now

    President Donald Trump's U.S. Supreme Court nominee Judge Neil Gorsuch is a 10-year veteran of the Tenth Circuit and has under his belt hundreds of opinions that can be mined for clues as to what kind of Supreme Court justice he would be. Here are three opinions by Judge Gorsuch to read right now.

  • January 31, 2017

    Trump Nominates Judge Gorsuch For High Court Seat

    President Donald Trump on Tuesday nominated Tenth Circuit Judge Neil Gorsuch to fill a Supreme Court seat that has remained vacant since the death of Justice Antonin Scalia in February 2016, picking a well-respected figure in the conservative legal establishment who would restore the nation’s top bench to a Republican majority and likely break the recent spate of 4-4 ties.

Expert Analysis

  • 5 Ways To Fight Costlier Legal Malpractice Claims In 2017


    There are a number of concrete, practical steps that law firms can take to address the high cost of defending legal malpractice claims, both before and after a claim is made, says Richard Simpson, a partner with Wiley Rein LLP who serves on the ABA Standing Committee on Lawyers’ Professional Liability.

  • Backpage Dismissal Does Not Solve Websites’ Woes

    Ariel A. Neuman

    While the California court’s ruling in the Backpage.com case bolsters the weight of precedent favoring expansive immunity under Section 230 of the Communications Decency Act, an existing exception ensures that innovative plaintiffs lawyers and state prosecutors will continue to advance novel theories of website operator liability, say Ariel Neuman and Julian Burns of Bird Marella Boxer Wolpert Nessim Drooks Lincenberg & Rhow PC.

  • State AGs May Turn Up Enforcement Under Trump

    Joseph W. Jacquot

    With the incoming Trump administration, regulatory and enforcement priorities will likely change, but if federal agencies scale back their consumer protection efforts, attorneys general can be expected to pick up the slack, says Joseph W. Jacquot of Foley & Lardner LLP.

  • Building Momentum For The Pay Equity Movement In BigLaw

    Stephanie A. Scharf

    A decade’s worth of multiple bar association initiatives, conferences, corporate law summits, detailed research reports and opinion pieces on the pay gap has seemingly fallen on the deaf ears of BigLaw. However, recent events presage substantial movement toward pay equity in law firms, say Stephanie Scharf of Scharf Banks Marmor LLC, Michele Coleman Mayes, general counsel for the New York Public Library, and Wendi Lazar of Outten & Golden LLP.

  • Are You Prepared For A 'Post-Fact' Jury?

    Ross Laguzza

    The media has been full of stories lately about the death of facts and the rise of “fake news.” It is reasonable to wonder if people sitting on juries will be able to function appropriately in this post-fact world, says Ross Laguzza of R&D Strategic Solutions LLC.

  • Keeping Pro Se Litigants At Bay

    Michael Walden

    Pro se litigation can be a time-consuming cost of doing business, particularly for large, well-known companies. Though pro se cases occasionally include interesting, even amusing, claims, like all litigation, they must be taken seriously. In this article, attorneys from Shook Hardy & Bacon LLP detail several practical approaches to dealing with the problems posed by pro se litigants.

  • A Trademark Year In Wine And Beer 2016: Part 5

    David Kluft

    David Kluft of Foley Hoag LLP finishes off his comprehensive review of this year's beer and wine trademark disputes with 32 more cases for you to bring up at your holiday party.

  • My Strangest Day In Court: The 1995 Oklahoma City Bombing

    Randy Gordon

    When Timothy McVeigh detonated a rental truck full of fertilizer and fuel oil in front of the Alfred P. Murrah Federal Building on April 19, 1995, the explosion blew the windows out of our courtroom and the jurors jumped from their seats and dashed from the building. Plainly, there would be a mistrial, recalls Randy Gordon of Gardere Wynne Sewell LLP.

  • Are Courts In The Discovery Driver’s Seat?

    Cristin K. Traylor

    I recently asked a panel of four federal court judges whether they expect courts to start taking a more active role in e-discovery. They answered with a resounding yes. However, their responses left me wondering whether courts are actually taking a more active role in discovery since the Federal Rules of Civil Procedure amendments took effect in December 2015, says Cristin Traylor of McGuireWoods LLP.

  • A Trademark Year In Wine And Beer 2016: Part 4

    David Kluft

    In the penultimate article in his five-part series, David Kluft of Foley Hoag LLP continues to bring you the most interesting beer and wine trademark dispute cases of 2016.