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Texas

  • October 2, 2018

    States Urge Justices To Flip Illinois Brick In Apple Case

    Several states urged the U.S. Supreme Court on Monday to overturn its landmark Illinois Brick ruling, which limits who can pursue damages under federal antitrust law, providing support to app buyers accusing Apple of illegally monopolizing the iPhone app market.

  • October 2, 2018

    GE Says It's Entitled To Atty Fees In Well Blowout Row

    Attorneys for a GE unit told a Texas state judge during a bench trial in Houston on Tuesday that it was entitled to collect close to $1 million in attorneys' fees it racked up defending itself in a product liability case stemming from a well blowout.

  • October 2, 2018

    Texas Judge Blocks Ysleta Pueblo's Appeal In Bingo Battle

    A Texas federal judge has rejected the Ysleta del Sur Pueblo's bid to halt discovery against its governor and a tribal gaming organization in the state's suit accusing the tribe of illegally operating electronic bingo machines, saying there is no need to let the Fifth Circuit weigh in.

  • October 2, 2018

    Ex-Refinery Worker Wants 'False Positive' Test Row Revived

    A man who was fired from a LyondellBasell refinery after what he alleges was a false positive test for cocaine asked a Texas appellate court in oral arguments Tuesday to revive his lawsuit against the drug testing company, saying its negligence caused the error.

  • October 2, 2018

    5th Circ. Leaves Door Open In Feds' Time-Barred CAA Suit

    In an issue of first impression for the Fifth Circuit, a panel has allowed the federal government to pursue injunctive relief against a power company for modifying coal-fired plants without proper permits despite the feds' Clean Air Act civil penalty claims being time-barred.

  • October 2, 2018

    Facebook Accused By Trafficking Survivor Of Aiding Abuse

    A human trafficking survivor has sued Facebook, Backpage.com and others in Texas state court, accusing the social media giant and the now-defunct classified ads website of providing an unrestricted platform for predators to exploit, extort and recruit children into the sex trade.

  • October 1, 2018

    5th Circ. Says Ethics Class Sanction For Atty Unreasonable

    The Fifth Circuit has affirmed two sanctions imposed on an attorney who was unresponsive to his client after losing an appeal of a criminal sentencing in Texas federal court, but softened the requirement that he take ethics courses because it would necessitate that he enroll at a law school.

  • October 1, 2018

    Deals Rumor Mill: Campbell, Richemont, Lone Star

    Daniel Loeb is pushing for Campbell Soup Co. to offload a trove of brands and consider a sale, Compagnie Financière Richemont SA is mulling a deal for Buccellati, and Lone Star Funds might sell Evoca Group.

  • October 1, 2018

    3 Big Banks Can't Dodge Enron Debt Investor Suit

    A New York federal judge has ruled that Credit Suisse, Deutsche Bank and Merrill Lynch must go to trial over many of the claims brought against them by a group of investment funds seeking to hold them responsible for losses stemming from Enron Corp.’s 2001 collapse.

  • October 1, 2018

    Ex-Life Partners Atty, CEO Ordered To Pay $7M In Fines

    A Texas federal judge on Friday adopted the bulk of a magistrate judge’s recommendation as to penalties for two former insiders of bankrupt life settlement trader Life Partners Holdings Inc., saying that nearly $7 million in individual punishments is appropriate.

  • October 1, 2018

    Life Science Co. Gets $150M Funding From TPG Sixth Street

    Molecular science innovation company Caris Life Sciences said on Monday that it has raised $150 million in funding from TPG Sixth Street Partners that it will use in part to continue development of its proprietary technology.

  • October 1, 2018

    Texas Hospital Giants To Join, Forming State's Largest Chain

    Baylor Scott & White Health, the largest not-for-profit health system in the state of Texas, and nonprofit Memorial Hermann Health System have signed a letter of intent to merge, the organizations said Monday.

  • October 1, 2018

    High Court Passes On Noble-Conoco Row Over $63M Cleanup

    The U.S. Supreme Court on Monday declined to review a 2017 Texas Supreme Court ruling saying Noble Energy Inc. must indemnify ConocoPhillips Co. for $63 million in environmental cleanup costs.

  • October 1, 2018

    Rams Owner Says Stolen Docs Should Kill Aerial Camera Suit

    Los Angeles Rams owner Stan Kroenke's entertainment holding company has moved to shut down a suit brought by the former president of two aerial camera companies Kroenke bought, telling a Texas federal court the plaintiff stole documents to support his suit before he was fired.

  • September 28, 2018

    Supreme Court Cheat Sheet: 8 Cases To Watch

    With D.C. Circuit Judge Brett Kavanaugh’s fate as the ninth justice still hanging in the balance, the U.S. Supreme Court kicks off its new term Monday without a case of blockbuster proportions. But there are several bread-and-butter business issues filling out the docket.

  • September 28, 2018

    Ex-Texas Pol Charged With Fraud Over Frack Sand Scheme

    The U.S. Securities and Exchange Commission on Friday announced it has charged a former Texas state senator and another man over a scheme that raised millions from investors for a hydraulic fracking-related company based on misrepresentations. 

  • September 28, 2018

    ‘Disobedience’ Axes Pyramid-Scheme Suit: 5th Circ.

    The Fifth Circuit on Thursday affirmed the dismissal of a putative class action accusing Texas energy reseller Stream Energy of running an unlawful pyramid scheme exploiting sales agents, saying it was rightly tossed by the lower court after the lead plaintiff defied an order to arbitrate his claims.

  • September 28, 2018

    DHS Failed To Provide Hearing On I-9 Forms, Texas Co. Says

    The U.S. Department of Homeland Security had a statutory obligation to provide a Texas-based valve company with a hearing before an administrative law judge prior to issuing a final order that imposed a fine over alleged Form I-9 violations, the company contended Thursday in Texas federal court.

  • September 28, 2018

    CFTC Starts Insider Trading Task Force, Sues Energy Broker

    The Commodity Futures Trading Commission announced Friday that it has created an insider trading task force, the same day the agency accused a Houston-based energy commodities broker of using clients’ trading information to help a friend make money.

  • September 28, 2018

    2 Ex-Oil Co. Execs Get Prison For Global Bribery Scheme

    Two former executives of Dutch oil company SBM Offshore NV were sentenced by a federal judge in Houston on Friday afternoon to prison for their roles in an international bribery scheme.

Expert Analysis

  • Federal Inaction And State Activity: Student Loan Edition

    David Gettings

    As a result of waning federal involvement, states have increased their roles in the regulation and litigation of private student loans, and servicers and lenders now confront an amorphous environment policed by a diverse cast. And with student loan defaults rising, state enforcement activities may not be the only increase in litigation the industry sees, say attorneys at Troutman Sanders LLP.

  • Bristol-Myers Unlikely To Shake Up Class Action Landscape

    Alec Schultz

    The U.S. Supreme Court’s Bristol-Myers opinion last year set a high jurisdictional bar for some mass tort claims. Now plaintiffs lawyers fear — and defense lawyers hope — that courts will apply the same reasoning to stifle nationwide class actions. But the effect of this ruling on national class actions is likely to be minimal, say Alec Schultz and Aaron Brownell of Léon Cosgrove LLP.

  • The Future Of Authenticating Audio And Video Evidence

    Jonathan Mraunac

    The recent emergence of artificial intelligence-based technology has prompted serious concerns about the future integrity of recordings. Attorneys must think critically about standards for authenticating audio and video evidence as well as legislative and regulatory safeguards to discourage pervasive manipulation and forgery, says Jonathan Mraunac of Ogletree Deakins Nash Smoak & Stewart PC.

  • 5th Circ. Suggests Insurance May Cover Credit Card Breach

    Laura Foggan

    Last month, a little-noticed Fifth Circuit decision in Spec’s v. Hanover raised some important questions about the extent to which directors, officers and corporate liability policies may be called upon to respond to cyber breach incidents in which credit card data is stolen by unknown hackers, say Laura Foggan and Thomas Kinney of Crowell & Moring LLP.

  • Menchaca Continues To Preclude Post-Appraisal Liability

    Crystal Vogt

    The Texas Supreme Court's revised opinion in USAA v. Menchaca seemingly provided another opportunity for courts to reinterpret how Menchaca might affect post-appraisal claims. However, Texas courts have continued to confirm that timely payment of an appraisal award precludes extracontractual exposure, say Crystal Vogt and Bennett Moss of Zelle LLP.

  • A Range Of State Responses After Wayfair

    Jeffrey Reed

    In the weeks since the U.S. Supreme Court decided South Dakota v. Wayfair Inc., state responses have ranged from hortatory to defiant. Jeffrey Reed, chairman of the state tax practice at Kilpatrick Townsend LLP, reviews 12 state reactions and offers considerations for online sellers still developing a game plan.

  • Opinion

    Law360's Global 20 Doesn't Acknowledge Global Networks

    Glenn Cunningham

    While I read with interest Law360's report analyzing the top 20 global law firms of 2018, I also noticed it doesn't tell the whole story. Global networks of independent law firms compare favorably with multinational firms in terms of geographic coverage, legal expertise, and awareness of local cultures and customs, says Glenn Cunningham of Interlaw Ltd.

  • How Texas' Anti-SLAPP Law Applies To Medical Peer Review

    Jesse Coleman

    Recent decisions both in state and federal courts have made it clear that Texas' anti-SLAPP statute likely now applies to all causes of action arising out of facts related to the medical peer review process. This will greatly increase hurdles for plaintiffs in future legal actions involving medical peer review, say Jesse Coleman and Brian Wadsworth of Seyfarth Shaw LLP.

  • Takeaways From 5th Circ. Wind Farm Scam Case

    Kip Mendrygal

    The misappropriation of funds charge can leave defense attorneys struggling throughout trial to distinguish personal expenses from legitimate business expenses. The Fifth Circuit's decision in U.S. v. Spalding sheds light on how to handle these situations, but also sets out the battles that attorneys won’t win, say Kip Mendrygal and Mario Nguyen of Locke Lord LLP.

  • Guest Feature

    Chris Dodd Talks Dodd-Frank, Nuremberg Trial, Hollywood

    Randy Maniloff

    Attorney Randy Maniloff recently sat down with former Sen. Christopher Dodd at his new office at Arnold & Porter in Washington, D.C. The goal? To discover things we might not know about the author of some of the most important legislation of the last few decades.