• June 9, 2017

    Q&A With Baron And Blue's Lisa Blue

    I have never lost my passion for politics and remain committed both on a national and local level to help elect lawmakers who want to protect the constitutional right to trial by jury, says Lisa Blue of Baron and Blue.

  • June 9, 2017

    Doc Says Houston Hospital Secretly Taped Patient Calls

    A Houston OB-GYN has filed a $1 million suit against his hospital and two of its officials in Texas state court, claiming the hospital demoted him as retaliation after he raised an alarm about a proposed hospital policy to record all phone conversations without the consent of patients or staff.

  • June 9, 2017

    Total Jumped Gun On FERC Manipulation Fight, 5th Circ. Says

    A Fifth Circuit panel on Thursday rejected a challenge to the Federal Energy Regulatory Commission’s power to use the Natural Gas Act to impose fines, ruling that Total Gas & Power North America Inc.’s objection to the commission’s authority to penalize it over alleged market manipulation was not ripe.

  • June 9, 2017

    Texas Justices Give Second Chance In Ambulance Death Suit

    The Texas Supreme Court on Friday held that while an expert report submitted in a lawsuit accusing a hospital of causing a pregnant patient's death was insufficient to allow the lawsuit to proceed, the trial court must be given an opportunity to consider granting an extension to amend the report.

  • June 9, 2017

    U. Of Tulsa, NCAA Hit With Concussion Class Action

    Former football players for the University of Tulsa hit the school, Conference USA and the NCAA with a proposed class action Thursday in Texas federal court, accusing the trio of letting them suffer repeated traumatic head injuries without proper medical care despite understanding the serious long-term repercussions.

  • June 8, 2017

    Texas Court Says Botched Surgery Suit Filed Too Late

    A Texas appeals court on Thursday affirmed the dismissal of a suit accusing a doctor of botching a man’s back surgery, saying the patient’s presuit notification to the doctor was not sufficient to halt the running clock on the medical negligence claims.

  • June 8, 2017

    Energy Services Co. Alleges Ex-Employees Stole Secrets

    Turn-Key Specialists, an engineering and construction firm for midstream energy companies, filed suit in Houston on Wednesday against two former employees, a former client and a competing company started by ex-employees, alleging they stole “several million dollars worth” of proprietary information.

  • June 8, 2017

    Chesapeake Allegedly Blocking $300M Texas Oil And Gas Sale

    Exco Resources Inc. sued a Chesapeake Energy Corp. unit this week, claiming Chesapeake is interfering with Exco’s planned $300 million sale of oil and gas assets in South Texas because it wants to renegotiate a gas sales contract with one of Exco’s affiliates.

  • June 8, 2017

    5th Circ. Nixes Nightclub's Appeal In EEOC HIV Bias Suit

    A Houston-area nightclub on Wednesday lost its bid to overturn a $139,366 default judgment entered against it in an employment discrimination case after its attorney missed a status conference, because it failed to timely file a brief with the U.S. Court of Appeals for the Fifth Circuit.

  • June 8, 2017

    Texas Debt Collection Lawyer Hit With $25M Penalty

    A Texas state court jury on Wednesday found a Houston-area attorney liable for more than $25 million in civil penalties for deceptive trade practices in the course of his debt collection and enforcement business, the Texas Attorney General’s office confirmed.

  • June 8, 2017

    Texas Treatment Center Settles FCA Claims For $3M

    Medical and physical therapy provider Union Treatment Center has agreed to pay the government $3 million to settle allegations it ran a scheme to defraud the federal workers' compensation program, the U.S. Department of Justice announced Wednesday.

  • June 8, 2017

    TPG-Backed Blank Check Co. Files $400M IPO Led By Weil

    TPG Pace Holdings Corp., a blank check company backed by private equity firm TPG, filed plans Wednesday for a $400 million initial public offering advised by Weil Gotshal & Manges LLP, saying it will pursue an acquisition in industries reflecting its management’s expertise such as media and technology.

  • June 8, 2017

    Public-Records Publisher Fails To Block CFPB Doc Request

    A Texas federal judge has ordered a company that compiles personal public records to turn over unspecified information sought by the Consumer Financial Protection Bureau as part of an investigation into possible violations of the Fair Credit Reporting Act by consumer reporting agencies.

  • June 7, 2017

    Texas Affirms Denial Of NextEra's $12.2B Oncor Acquisition

    The Public Utility Commission of Texas on Wednesday stood by its recent decision to reject NextEra Energy Inc.'s $12.2 billion plan to purchase Oncor Electricity Delivery, the state’s largest utility, saying the proposed transaction was not in the public interest.

  • June 7, 2017

    Texas High Court Won't Hear Bid To Keep Paxton Judge

    Texas’ highest criminal court on Wednesday rejected a bid from special prosecutors in the felony securities fraud case against Attorney General Ken Paxton to reverse a lower court’s order putting a new trial judge in charge of the case following a venue change.

  • June 7, 2017

    Dallas Surgeons Say Feds Overreaching In Fraud Charges

    Several doctors indicted in connection with an alleged $40 million patient referral kickback scheme have asked a Texas federal court to dismiss charges brought against them under a law they say was never intended for use in health care fraud enforcement.

  • June 7, 2017

    Transocean, Eni Owed Millions In Drill Ship Row, Court Hears

    Both Eni US Operating Co. and Transocean Deepwater Drilling Inc. told a federal judge in Houston during opening statements Wednesday in a contract dispute over a deep-water drilling rig ship that the other party was responsible for the breach and owes millions as a result.

  • June 7, 2017

    US Says CAA Suit Against Plant Operator Not Time-Barred

    The U.S. Department of Justice told the Fifth Circuit on Tuesday that a Texas federal judge erred in finding time-barred its claims that two coal-fired power plants affiliated with Energy Future Holdings Corp. violated the Clean Air Act by undertaking major modifications without following required protocols.

  • June 7, 2017

    Texas Assistant AG To Join Uber's In-House Antitrust Team

    A Texas assistant attorney general who took a leading role in the blockbuster e-book price-fixing case against Apple is set to leave the state prosecutor Friday to join embattled ride-hailing giant Uber as senior litigation counsel for antitrust and competition matters.

  • June 7, 2017

    Immigration Attys Ax Texas Meeting Over Sanctuary City Law

    In response to a Texas law that the head of the American Immigration Lawyers Association says undermines due process and scapegoats immigrants, the group is canceling its plans to hold its 2018 annual conference in the state, it announced Wednesday.

Expert Analysis

  • Monthly Column

    Gray Matters: The Attorney-Client Team

    Robert Creo

    A 1979 study of attorney-client interactions revealed startling information: Despite years of education and training to hone their legal expertise, attorneys were not acting as independent counselors but rather allowing their clients to control them. Our experience is that this trend has accelerated, say dispute resolution experts Robert Creo and Selina Shultz.

  • Walking The Lone Pine Trail

    Alan Hoffman

    Lone Pine orders require plaintiffs to provide some prima facie evidence to support causation or other claims based on expert opinion. Such orders do not require plaintiffs to prove their case — only to demonstrate that they have one. Some examples from recent litigation illustrate how Lone Pine orders can benefit both sides, says Alan Hoffman of Husch Blackwell LLP.

  • Opinion

    Why Roe V. Wade Will Not Be Overturned

    Donald Scarinci

    The threat that abortion will become illegal again by overturning Roe v. Wade has been a blockbuster campaign slogan in presidential elections for the last 40 years. Like most campaign rhetoric, this threat is not based in reality, says Donald Scarinci, managing partner of Scarinci Hollenbeck LLC.

  • Litigation Finance, Big Data And The Limits Of AI

    Christopher Bogart

    Theoretically, both better data and its better use should be able to improve results in litigation, and thus help litigation financiers allocate more capital to meritorious matters. However, while big data and artificial intelligence are intriguing additions to the litigation toolkit, they are far from turning litigation finance on its head, says Christopher Bogart, CEO of Burford Capital LLC.

  • Series

    Counsel To Counsel: Mama Said There'll Be Days Like This

    Peter J. Engstrom

    It's no longer enough for law firms simply to provide expert legal advice — we are expected to mirror clients' legal, ethics and social commitments and promises. For law firm GCs, the resulting job demands seem to grow exponentially, says Peter Engstrom, general counsel of Baker McKenzie.

  • The Insurer's Dilemma: To Produce, Or Not To Produce?

    Victoria Vish

    The discovery demand for the entire underwriter's file for underwriting a policy has become far too common in the realm of insurance coverage litigation. This request must be carefully considered and analyzed by insurers to determine whether the production is appropriate, and the extent to which any production should be limited, says Victoria Vish of Zelle LLP.

  • Opinion

    A State-By-State Solution For Immigration Reform

    Leon Fresco

    While it might seem that the new regional polarization over immigration and sanctuary cities may be driving us further away from achieving a national consensus on immigration, it may actually be beneficial to facilitating a unique outcome that can finally create bipartisan progress on immigration reform, says Leon Fresco of Holland & Knight LLP.

  • Series

    Counsel To Counsel: A Law Firm GC's Data Protection Duties

    Thomas W. White

    Increasingly, we see companies in all industries seeking to perform various levels of due diligence on our information security defenses. We received three times as many diligence requests from clients and prospective clients in 2016 as we did in 2015. Some clients even conduct their own penetration tests, says Thomas White, general counsel of WilmerHale.

  • 5th Circ. ESA Decision Highlights Deference Discord

    Shawn Welch

    The Fifth Circuit's recent decision in Markle Interests v. United States Fish and Wildlife Service, and the dissent from denial of en banc review, involve a recurring conflict between the extent of judicial review and the proper deference to be given to agency action, says Shawn Welch of Holland & Hart LLP.

  • Series

    Counsel To Counsel: Evaluating Positional Conflicts

    Nicholas A. Gravante Jr.

    What happens when attorneys come to their general counsel’s office with knowledge of a potential positional conflict? While the inquiry will depend on the rules governing the particular jurisdiction, there are a few general questions to consider from both business and legal ethics perspectives, say general counsel Nicholas A. Gravante Jr. and deputy general counsel Ilana R. Miller of Boies Schiller Flexner LLP.