• May 5, 2017

    EEOC Subpoena Gets 2nd Chance In Gender Bias Row

    The Fifth Circuit on Friday ordered a trial court to take a fresh look at whether the U.S. Equal Employment Opportunity Commission can force a financial consulting firm to turn over documents related to a gender discrimination investigation, saying the wrong legal standard was used when the information was deemed privileged.

  • May 5, 2017

    PTAB Won't Rethink Decision To Review Water Balloon Toy IP

    The Patent Trial and Appeal Board refused Friday to revisit its decisions to institute post-grant review of two patents for water balloon toys, rejecting the patent owner’s argument that it had incorrectly created a conflict with a district court in East Texas. 

  • May 4, 2017

    Pecan Co. On The Hook For $1.5M, Hacked Nut Supplier Says

    A Mexico-based nut distributor says a Texas-based pecan wholesaler owes it more than $1.5 million in damages for allegedly continuing to accept product shipments and wire payments to a third-party hacker who broke into the distributor’s account and changed the wiring instructions, according to a Wednesday complaint in Texas federal court.

  • May 4, 2017

    5th Circ. Urged To Rethink Order In Oil Contamination Suit

    A Louisiana property owner urged the Fifth Circuit on Tuesday to rehear his suit claiming Hess Corp. was liable for contamination of the property due to drilling activities completed more than 30 years before he bought it, arguing the panel’s ruling misreads the state's property laws for the transfer of mineral leases.

  • May 4, 2017

    Chamber Blasts IRS' Case Citation In Inversion Rule Row

    The U.S. Chamber of Commerce on Wednesday slammed the Internal Revenue Service’s effort to introduce a federal court's April ruling upholding disclosure requirements for participants in certain alleged tax shelter schemes into its suit over a controversial corporate inversion rule, saying the case is irrelevant to the instant dispute.

  • May 4, 2017

    Atty Sanction In Texas Mortgage Case Needs Re-Do

    A Texas appellate court on Wednesday reversed a sanction against James C. Mosser and his law firm Mosser Law PLLC arising from representation in a home equity loan case, holding that in light of a recent Texas Supreme Court decision, the sanction needs to be rethought.

  • May 4, 2017

    Settlement Reached In McDonald's $27M Fatal Brawl Case

    A lawsuit that resulted in a $27 million judgment against McDonald's and in favor of the families of two teenagers who died in the wake of a parking lot brawl at the restaurant was dismissed by a Texas appellate court on Wednesday after the parties said a settlement had been reached.

  • May 4, 2017

    Sprint's State Law Claims Tossed In Local Carrier Fees MDL

    A Texas federal judge on Wednesday tossed Sprint's state law claims and amended complaints against local exchange carriers being sued by Sprint and Verizon in a multidistrict litigation for alleged overbilling for wireless callers accessing local telephone exchanges.

  • May 4, 2017

    SEC Gets Win Against Pair In $4.4M Gas Well Scheme

    A Texas federal judge on Thursday granted summary judgment to the Securities and Exchange Commission, which argued that two energy company salesmen involved in a scheme that allegedly took $4.4 million of investors’ money and spent it elsewhere were acting as unregistered brokers in violation of SEC rules.

  • May 4, 2017

    Texas Passes Bill Allowing Police To Verify Immigration Status

    The Texas Legislature on Wednesday finalized its voting to approve a bill that empowers local authorities to ask about individuals’ immigration status and bars local communities from prohibiting police officers from asking those they have detained about their status.

  • May 4, 2017

    NBA Says 17 Teams To Get In On 2K Esports League

    The NBA said Thursday that 17 of its 30 franchises will participate in the inaugural season of the NBA 2K esports league, a co-venture with "NBA 2K" game maker Take-Two Interactive Software Inc. set to debut in 2018 as the NBA looks to tap into the burgeoning esports market.

  • May 4, 2017

    Anadarko Faces Shareholder Suit After Fatal Gas Explosion

    A shareholder suit filed in Texas federal court on Wednesday alleges that Anadarko Petroleum Corp. lied about safety risks in its public filings prior to a fatal gas explosion that demolished a home in Colorado, arguing the company's false disclosures cost investors money.

  • May 4, 2017

    Plane Potty Patents May Be Flushable, Judge Gilstrap Says

    An airline interior component company can't temporarily block a rival from using supposedly patent-protected designs for a space-saving airplane toilet while the parties contest the patents’ validity, a Texas federal district judge ruled Tuesday.

  • May 4, 2017

    KBR Facing Shareholder Suit Over UK Fraud Investigation

    A proposed class of KBR Inc. investors has hit the engineering and construction services company with a securities suit in Texas federal court, alleging that it failed to tell shareholders that its U.K. subsidiaries were violating bribery and corruption laws in connection with Unaoil.

  • May 3, 2017

    Site List Revealed For Jailed Immigrant Removal Program

    The American Immigration Lawyers Association published government records Tuesday showing a list of additional locations where the government may conduct in-prison deportation proceedings, identifying sites in Pennsylvania, Texas and California.

  • May 3, 2017

    Exxon Faces Federal Enforcement Over Texas Refinery Blast

    Exxon Mobil announced Wednesday that it may be facing enforcement actions from the U.S. Department of Justice and U.S. Environmental Protection Agency stemming from a deadly 2013 explosion and fire at a Texas refinery.

  • May 3, 2017

    Dallas Contractor Defeats City Immunity In Temp Work Row

    A Texas appellate court held Tuesday Dallas can’t use governmental immunity to avoid a lawsuit claiming the city breached a $13.5 million contract for temporary clerical and professional labor with contractor Romulus Group Inc.

  • May 3, 2017

    J&J Asks 5th Circ. To Toss $151M Hip Verdict Over Expert Pay

    Johnson & Johnson and its DePuy Orthopaedics Inc. unit told the Fifth Circuit in a brief unsealed this week they’re entitled to a new trial in a hip implant bellwether that ended in a $151 million judgment against the company, claiming the plaintiffs lied about paying their expert witnesses.

  • May 3, 2017

    Husch Blackwell Picks Up 2 Insolvency Attorneys In Dallas

    Husch Blackwell LLP announced Tuesday it has hired away two Lewis Brisbois Bisgaard & Smith LLP attorneys to join its Dallas office's financial services and capital markets group and insolvency and commercial bankruptcy group.

  • May 3, 2017

    Fiduciary Rule Exceeds DOL’s Authority, 5th Circ. Told

    Several financial industry and insurance groups told the Fifth Circuit on Tuesday that the U.S. Department of Labor exceeded its “narrow authority” and flouted longstanding distinctions between fiduciaries and salespeople in developing its fiduciary rule for retirement account advisers.

Expert Analysis

  • Questioning General Contractor Liability In Texas

    Pierre Grosdidier

    The San Antonio Court of Appeals' recent decision in Joeris General Contractors v. Cumpian is important because it exposes the difficulty of determining whether a general contractor has incurred a duty of care by exercising control over its subcontractors, says Pierre Grosdidier of Haynes and Boone LLP.

  • Trump's Skinny EPA Budget Could Have Far-Reaching Impacts

    Jim W. Rubin

    A review of President Donald Trump's recent budget proposal suggests that none of his goals for the U.S. Environmental Protection Agency would be well-served. In fact, the EPA, states, tribes and other federal agencies would all face serious issues in protecting human health and the environment, says Jim Rubin of Dorsey & Whitney LLP.

  • Google, NASA, Planes And A Stronger Legal Team

    Nicholas Cheolas

    Why did minor mechanical issues bring down two airplanes, while a catastrophic engine explosion did not bring down a third? The answers lie, in part, in research conducted by NASA in the wake of those crashes and, more recently, by Google. And those answers can help organizations build better teams to meet today’s legal industry challenges, says Nicholas Cheolas of Zelle LLP.

  • Acquiring Midstream Assets And Gas Agreements: Part 2

    Greg Krafka

    Because the value of natural gas gathering systems, processing plants and related midstream assets depends on fees to be paid under associated gas gathering and processing agreements, terms and conditions of these agreements — with respect to acreage dedication, well connections, covenants running with the land, and other matters — must be scrutinized before asset purchases, say Greg Krafka and Jim Strawn of Winstead PC.

  • 10 Tips For Better Legal Negotiations

    Marc J. Siegel

    Like everything else, the art of negotiation starts by having a conversation. It’s about being respectful, finding common ground, knowing what you want and, most importantly, listening. A conversation between two lawyers can be complicated at best, but by employing a few techniques and tactics, it doesn’t have to be that way, says Marc Siegel of Siegel & Dolan Ltd.

  • Monthly Column

    Gray Matters: Decision Error

    Gray Matters

    Lawyers make hundreds of decisions during the course of advising a client, consummating a transaction or litigating a case. In this new column, dispute resolution experts Bob Creo and Selina Shultz explore the theory, science and practical aspects of how decisions are made in the legal community.

  • Acquiring Midstream Assets And Gas Agreements: Part 1

    Greg Krafka

    In the acquisition of natural gas gathering systems, processing plants and related midstream assets, a primary focus of legal due diligence will be the gas gathering and processing agreements associated with these assets. Terms and conditions governing service levels, fees, environmental costs, termination and other issues must be carefully reviewed before purchase, say Greg Krafka and Jim Strawn of Winstead PC.

  • Law Schools And Law Firms: Seeking Common Ground

    Randy Gordon

    What we don’t know is whether the teaching and practice of law are undergoing massive structural changes or we’re still digging out from the worst economic collapse since the Depression. But what we do know is that the missions of the most forward-looking law schools and law firms are converging in ways that were unimaginable 10 years ago, says Randy Gordon, a partner at Gardere Wynne Sewell LLP and executive professor of law at Te... (continued)

  • Employer Hope Amid Pending Wage And Hour Law Changes

    Daniel A. Krawiec

    While there is presently a sea of confusion and uncertainty swirling around U.S. Department of Labor overtime exemptions, employers can take solace in the fact that a recent decision from a Florida federal court demonstrates potential jurors are able to understand the proper use of exemptions and apply them fairly and to the benefit of employers accused of violating the Fair Labor Standards Act, says Daniel Krawiec of Hinshaw & Culbertson LLP.

  • Not From Around Here? Trying A Case As An Out-Of-Towner

    William Oxley

    The importance of authenticity is magnified when trying a case outside your home jurisdiction. While using references to local landmarks or history can help make arguments relatable, adopting local expressions or style in an attempt to ingratiate oneself with the judge and jury almost always backfires, say William Oxley and Meghan Rohling Kelly of Dechert LLP.