Texas

  • September 25, 2017

    16 States Won't Intervene In FCA Suit Against Compounder

    Sixteen states declined Monday to intervene in a whistleblower False Claims Act suit accusing a Florida compounding pharmacy of charging Tricare, Medicare and Medicaid excessively high rates for certain compounded drugs, after the federal government previously intervened in the suit.

  • September 25, 2017

    Texas State Bar Sues Ex-Prosecutor Over False Testimony

    The State Bar of Texas on Monday filed a disciplinary action against a former prosecutor in a capital murder trial who allegedly failed to correct three witnesses who lied under oath when they denied giving their testimony in exchange for recommended reduced criminal punishments.

  • September 25, 2017

    Twin City Tells 5th Circ. Excess Director Pay Not Covered

    Twin City Fire Insurance Co. hit back Friday against Oceaneering International Co.’s bid to overturn a district court ruling that freed the insurer from covering a settlement over excessive directors' fees, telling the Fifth Circuit it’s "black-letter law" that disgorgement payments aren’t insurable.

  • September 25, 2017

    Texas Powerhouse: Baker Botts

    Helping Halliburton exit a hard-fought securities class action with a $100 million settlement, just 2 percent of what disgruntled investors wanted, and guiding MEGlobal on the $4 billion development of a petrochemical plant ranked among the standout actions during a busy year for long-established Texas firm Baker Botts LLP.

  • September 25, 2017

    Kimberly-Clark FCA Suit Tossed For Overlapping Other Case

    A Texas federal judge on Friday tossed a whistleblower suit alleging Kimberly-Clark Corp. and medical technology company Halyard Healthcare Inc. submitted false claims to the government for faulty surgical gowns, saying the allegations mirror those brought in a separate case that is pending.

  • September 25, 2017

    Ex-ArthroCare CEO Wants $750M Fraud Conviction Nixed

    The former ArthroCare Corp. CEO who was convicted of defrauding investors of some $750 million by inflating sales and revenue numbers at both his initial trial and a retrial in August asked a Texas federal judge to free him on Friday, claiming the government failed to prove fraud.

  • September 22, 2017

    5th Circ. Probes Legality Of Texas Sanctuary-City Law

    A Fifth Circuit panel on Friday questioned the legality of Texas requiring local communities to “fulfill” detainer requests by federal immigration agents when the federal government may not compel states and communities to do so itself.

  • September 22, 2017

    Fed. Circ. Ruling To Force More Patent Cases Out Of EDTX

    A Federal Circuit decision Thursday setting guidelines where patent suits can be filed — and rejecting venue rules set by an Eastern District of Texas judge — provides need much-needed clarity in a contentious area of the law and should result in many cases leaving the Texas court, attorneys say.

  • September 22, 2017

    Cop’s Dallas Shooting Suit Against Twitter On Thin Ice

    A California federal judge seem poised Friday to toss a Dallas police sergeant's suit alleging Twitter, Facebook and Google gave a platform to the terrorist organizations that radicalized the gunman who ambushed and killed five officers in July 2016, saying the causal link between social media posts and the shooting is tenuous.

  • September 22, 2017

    Jury Awards Matrix $100M In Eagle Ford Accounting Row

    Matrix Petroleum LLC was awarded nearly $100 million after a rural south Texas jury found on Tuesday that Talisman Energy USA Inc., now known as Repsol Oil & Gas USA LLC, had committed fraud in its accounting practices related to Eagle Ford Shale wells and breached a joint operating agreement.

  • September 22, 2017

    House To Consider Tax Relief For Hurricane Victims

    Individuals affected by Hurricanes Harvey, Irma and Maria may be able to access their retirement accounts without getting penalized, and they may be able to claim bigger tax deductions for property damage under a bill announced Friday.

  • September 22, 2017

    Energy Chops Boost Texas Powerhouses In Crowded Market

    In a legal market where national and regional firms are trying to break in every day and their midsize and boutique counterparts are gunning for valuable pieces of the pie, the five Texas firms on Law360’s Powerhouse list have thrived by harnessing deep strengths in the energy sector and big-ticket litigation in a variety of areas.

  • September 22, 2017

    SEC Halts Trading In Stock That Touted Hurricane’s Upside

    The U.S. Securities and Exchange Commission on Friday halted trading of a penny stock that announced it was mobilizing resources and hiring key staff to respond to Hurricane Harvey, reiterating its warning that scammers might try to capitalize on crises to lure investors.

  • September 22, 2017

    5th Circ. Won't Rehear $4.4M Yahoo March Madness Ruling

    The Fifth Circuit on Friday said it will not reconsider a panel's determination that Yahoo Inc. owes $4.4 million after backing out of a deal with prize insurer SCA Promotions Inc. involving a March Madness contest, cementing the reversal of a district court ruling originally awarding the internet giant a $550,000 refund.

  • September 22, 2017

    Trump's Latest US Atty Noms Include Sidley, Goodwin Alums

    President Donald Trump released on Friday his latest batch of nominations for U.S. attorney, including former associates at Sidley Austin LLP and Goodwin Procter LLP.

  • September 22, 2017

    UK Clears Cardtronics' $460M DirectCash Buy

    The U.K.'s antitrust watchdog on Friday said it has approved Texas-based Cardtronics Inc.'s $460 million acquisition of DirectCash Payments Inc. after an independent panel found that various factors could prevent the pair from hiking surcharges at their ATMs. 

  • September 22, 2017

    Patents Are Surviving Challenges Under Alice More Often

    Federal courts followed the U.S. Supreme Court’s 2014 Alice decision by invalidating scores of computer and software patents. But district courts are more often upholding patents in these types of challenges, new data shows, with a surprising twist coming out of the Eastern District of Texas.

  • September 22, 2017

    Texas Justices To Hear Anadarko Drilling Lease Fight

    The Texas Supreme Court on Friday granted a request from TRO-X LP to review a case stemming from an oil and gas lease dispute with Anadarko Petroleum Corporation, more than a year after a lower appellate court reversed a trial court win in TRO-X's favor that gave TRO-X a working interest in five leases.

  • September 21, 2017

    11th Circ. Seeks Texas Justices' Input In J&J Mesh Suit

    An Eleventh Circuit panel in a Johnson & Johnson mesh suit appeal asked Texas' high court for guidance Wednesday in determining whether the statute of limitations for a personal injury claim starts when a consumer connects their injury to a defective product or only when they also have reason to believe the manufacturer acted with ill intent or negligence.

  • September 21, 2017

    Jackson Walker Atty Named Texas Insurance Commissioner

    Texas Republican Gov. Greg Abbott has appointed a Jackson Walker LLP attorney and former state appellate judge to become the state’s next insurance commissioner, a position that is likely to take on outsize importance as Texas struggles to recover from Hurricane Harvey.

Expert Analysis

  • Roundup

    Notes From A Law Firm Chief Privacy Officer

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    As more law firms become the targets of major cyberattacks, more firms may consider appointing a chief privacy officer. In this series, CPOs at four firms discuss various aspects of this new role.

  • Series

    Notes From A Law Firm Chief Privacy Officer: New Demands

    Phyllis Sumner

    For outside counsel, oftentimes efficiency and responsiveness collide with security measures as clients are increasingly requiring their law firms to comply with third-party risk management programs. To meet these challenges, law firms are focusing more on the roles of chief privacy officer and chief information security officer, says Phyllis Sumner, chief privacy officer for King & Spalding LLP.

  • Opinion

    It's Time To Improve Voir Dire In Federal Court

    Lisa Blue

    During the jury selection process, many times parties submit proposed voir dire questions, but the court ultimately chooses the questions to be asked and does all of the questioning of the jury panel. While this approach is judicially efficient, rarely do we learn anything meaningful from the panel members, say Lisa Blue of Baron and Blue and Robert Hirschhorn of Cathy E. Bennett & Associates.

  • Series

    Notes From A Law Firm Chief Privacy Officer: Insider Risks

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    As law firms hold sensitive information not only related to the firm but to the firm’s clients, an insider threat — whether it's a "bad actor employee" or inadvertent activity — poses a particular concern. There are steps that privacy officers can initiate to help minimize these threats, says Patricia Wagner, chief privacy officer for Epstein Becker Green.

  • Series

    Notes From A Law Firm Chief Privacy Officer: Balancing Act

    Kristin Jones

    As the role of law firm chief privacy officer becomes more prevalent and expansive, many CPOs are finding themselves in the midst of a delicate balancing act — weighing compliance with government regulations and client requirements on one side with the needs of firm business on the other, says Kristin Jones, chief privacy officer for Stradley Ronon Stevens & Young LLP.

  • Employer Takeaways From EEOC's $10.5M Deal With Bass Pro

    Gerald  Maatman Jr.

    For employers who are constantly at risk of being the subject of the U.S. Equal Employment Opportunity Commission’s next major investigation or systemic pattern or practice of discrimination class action, a closer reading of the terms in its recent settlement with Bass Pro gives valuable insight, say attorneys with Seyfarth Shaw.

  • Series

    Notes From A Law Firm Chief Privacy Officer: CPO Vs. CISO

    Mark McCreary

    To understand the role of the law firm chief privacy officer — and why that person ought to be a lawyer — it’s important to distinguish the role they fill from that of the chief information security officer, says Mark McCreary, chief privacy officer for Fox Rothschild LLP.

  • 5 Questions To Ask Before Entering Joint-Representation AFA

    Natalie Hanlon Leh

    One growing trend is for clients to enter into alternative fee arrangements in which one law firm represents multiple parties who “share” fees and costs in a related matter. This way parties can more efficiently manage a matter and reduce their individual legal fees. But joint representation is not without its own risks and challenges, say attorneys with WilmerHale.

  • Legal Incubators Can Help New Lawyers And Society

    Martin Pritikin

    Legal incubators serve as an important bridge to practice and a crucial step toward aligning the incentives of new lawyers with the needs of their clients. They may even pose a threat to the traditional law school model itself, and that's not necessarily a bad thing, says Martin Pritikin, dean of Concord Law School at Kaplan University.

  • Patent Venue: How We Got To TC Heartland, And What's Next

    Patrick Coyne

    The growth of the Eastern District of Texas as a venue for patent cases, which led to the U.S. Supreme Court's recent decision in TC Heartland, did not occur overnight. It was the result of seven factors that coalesced over decades, says Patrick Coyne of Finnegan Henderson Farabow Garrett & Dunner LLP.