• November 29, 2017

    Dem Senator Compares Trump Enviro Pick To Caligula's Horse

    A U.S. Senate panel on Wednesday narrowly advanced President Donald Trump's controversial pick to lead the White House's Council on Environmental Quality in a party-line vote, but not before one Democratic senator said her nomination recalls the tale of a mad Roman emperor and his favorite horse.

  • November 28, 2017

    Gilstrap Won't Boot IV's FedEx Patent Row From Texas

    U.S. District Judge Rodney Gilstrap has denied FedEx Corp.’s bid to move an Intellectual Ventures II LLC patent infringement case out of the Eastern District of Texas, saying the company forfeited its venue objections by “actively litigating” the case for months even after the U.S. Supreme Court’s blockbuster patent venue decision.

  • November 28, 2017

    Stryker Unit Settles Biomet Trade Secret Suit

    A subsidiary of the medical technology giant Stryker Corp. told a Texas federal judge Tuesday that it has settled its suit against three Biomet Inc. affiliates alleging the affiliates pilfered its employees, customers and trade secrets, according to court filings.

  • November 28, 2017

    Hospital Asks Texas Justices To Nix Ex-Worker’s Award

    Methodist Healthcare System Ltd. LLP told the Texas Supreme Court on Monday it should review decisions by a trial court and lower appellate court to affirm an arbitration award in favor of an ex-employee who alleged she was fired for discriminatory reasons because the arbitrator clearly acted outside his authority.

  • November 28, 2017

    Judge 'Suspicious' Of Copied Claims In GM Bias Suit

    A Texas federal judge tossed with prejudice a woman's discrimination suit against General Motors LLC on Tuesday, saying he is “highly suspicious” of factual allegations that could be copies of those made by different plaintiffs in unrelated lawsuits against other companies.

  • November 28, 2017

    Texas Family Says Air Force To Blame For Church Shooting

    A Texas family on Tuesday filed administrative claims alleging that the U.S. Air Force caused the deaths of nine of their relatives in a church shooting in Sutherland Springs, Texas, by failing to report a former service member's domestic assault court-martial to a federal database.

  • November 28, 2017

    5th Circ. Won't Revive Suit Over Catheter Left In Chest

    The Fifth Circuit on Monday declined to revisit its October decision affirming dismissal of a medical malpractice suit brought by the widower of a woman who claimed a Dallas County hospital knew for years that a piece of a plastic catheter had been left inside her body after a heart procedure but didn’t tell her.

  • November 28, 2017

    Avigilon Looks To Move Canon Patent Suit From Texas

    Avigilon Corp. asked a Texas federal judge Monday to dismiss or transfer to another court a patent lawsuit brought by Canon Inc. over surveillance video technology, arguing that it doesn’t have sufficient ties to the district because its office in Dallas was “all but closed” when the suit was filed.

  • November 28, 2017

    Insurer Asks 5th Circ. To Ax Landlord's Win Over Lease Case

    An insurance company on Monday urged the Fifth Circuit to find it doesn’t have to provide liability coverage to a Texas shopping center landlord for failing to complete commercial lease negotiations with a new restaurant on time, arguing a lower court wrongly equated a right to occupy with occupancy itself.

  • November 28, 2017

    Allergan Hit With Antitrust Suit Over Deal With Tribe

    Allergan Inc. was hit with a lawsuit on Monday by a proposed class of indirect purchasers who bought the dry-eye treatment Restasis at allegedly “supracompetitive prices,” saying the company entered into a deal with a Native American tribe to avoid patent invalidation.

  • November 27, 2017

    Next Texas Justice Named If Trump Pick OK'd For 5th Circ.

    The general counsel for the Texas governor’s office would be the next Texas Supreme Court justice if current Justice Don Willett is confirmed to a seat on the Fifth Circuit, Gov. Greg Abbott announced Monday.

  • November 27, 2017

    Cyberstalking Charge Dropped In Seizure-Inducing Tweet Case

    A federal cyberstalking charge against a man who allegedly sent a seizure-inducing tweet to journalist Kurt Eichenwald has been shelved to allow Texas prosecutors to move forward with a related assault charge, according to Eichenwald’s attorney.

  • November 27, 2017

    Housing Co. Civeo To Buy Canadian Oil Sands Lodging Co.

    Civeo Corp., a global provider of workforce housing and facility management services, announced Monday it has reached a deal to acquire for $289 million Noralta Lodge Ltd., a company that specializes in providing lodging and other services to energy sector employees in Canada.

  • November 27, 2017

    Treasury, IRS Appeal Invalidation Of Anti-Inversion Rule

    The U.S. Department of the Treasury and the Internal Revenue Service announced on Monday that they are appealing a Texas federal court’s decision to invalidate the anti-inversion rule that sank a planned $160 billion merger between Pfizer Inc. and Irish counterpart Allergan PLC.

  • November 27, 2017

    DOJ Closes J&J Witness Tampering Investigation

    Federal prosecutors in Texas have wrapped up an investigation into whether a Johnson & Johnson unit sales representative tainted another witness’s testimony during a recently completed hip implant liability trial, in which the drugmaker was hit with a $247 million verdict, Johnson & Johnson said Monday.

  • November 27, 2017

    Range Skirts Sanction In Fracking Water Contamination Suit

    A Texas appellate court has rejected an environmental scientist’s bid to sanction Range Resources Inc. $30 million for its filing of a previously dismissed defamation suit based on claims Range’s Barnett Shale fracking activities had contaminated a groundwater well.

  • November 27, 2017

    Marlin Equity Inks $521M Deal To Take Bazaarvoice Private

    Global investment firm Marlin Equity Partners has agreed to take Texas-based product ratings platform provider Bazaarvoice Inc. private in a deal worth roughly $521 million, the companies said Monday.

  • November 27, 2017

    US Fights Order On Anadarko Docs In $25M Tax Refund Case

    The U.S. has asked a Texas federal court to reverse a magistrate judge’s order for it to produce documents related to Anadarko Petroleum Corp.’s $25 million tax refund suit, saying because the request seeks irrelevant information, the order would impose an unjustified burden and violate proportionality requirements.

  • November 22, 2017

    Oilfield Services Co. Hit With $45.3M Verdict In Crash Row

    A unanimous jury in Bexar County, Texas, found in favor of a woman injured in a car accident when an oilfield services company employee rear-ended her, awarding her a total of $45.3 million in damages, including $32.5 million in punitive damages.

  • November 22, 2017

    Exxon Climate Suit Not A Copy Of NY Probe, Investors Say

    Investors accusing Exxon Mobil Corp. of concealing its climate change knowledge said Tuesday that the company is glossing over clearly false and misleading statements it made over its climate change costs when it argued that their proposed class action parrots a politically motivated and "baseless" investigation pursued by New York Attorney General Eric Schneiderman.

Expert Analysis

  • A BigLaw Ladies’ Guide To Becoming A 1st-Chair Trial Lawyer

    Sarah Rathke

    Judge Shira Scheindlin recently published an op-ed in The New York Times discussing the statistical truth that law firms have poor representation of female attorneys as first-chair trial lawyers. Backed by data collected by the New York State Bar Association, Judge Scheindlin’s observation is not merely anecdotal. But it doesn’t have to be inevitable, says Sarah Rathke, a partner and trial lawyer at Squire Patton Boggs LLP.

  • Financial Crisis Anniversary

    Post-Crisis AG Enforcement Is Just The Beginning

    Douglas Gansler

    State attorneys general have worked with the Consumer Financial Protection Bureau, other federal agencies and each other to take on issues deemed to be the fallout of the financial crisis that started 10 years ago. But unlike the CFPB, the jurisdiction of which is limited, the AGs have assumed a wider reach, say former Maryland Attorney General Douglas Gansler and Michelle Rogers of Buckley Sandler LLP.

  • Steps For Government Contractors To Take After Hurricanes

    Jay DeVecchio

    For government contractors, Hurricanes Harvey and Irma will continue to cause delays, increases in costs, and material shortages and damage. Most contractors will be entitled to contract schedule relief. But they may not be entitled to additional compensation, say Jay DeVecchio and Lauren Horneffer of Morrison & Foerster LLP.

  • 5 Tips To Ensure Proper Deposition Behavior

    Brian McDermott

    If conducted properly, depositions can be a powerful tool. At times, though, opposing counsel employ tactics to impede the examiner’s ability to obtain unfiltered, proper testimony from the deponent. By knowing and effectively using applicable rules and case law, however, deposing attorneys can take specific steps to combat these tactics, say attorneys with Ogletree Deakins Nash Smoak & Stewart PC.

  • Series

    Judging A Book: Tunheim Reviews 'Miles Lord'

    Chief Judge John Tunheim

    Litigator Roberta Walburn’s rollicking new book, "Miles Lord: The Maverick Judge Who Brought Corporate America to Justice," is a really good read — a fascinating story about a life lived in the heat of battle and usually at the edge of what might have been considered appropriate for a federal judge, says Chief U.S. District Judge John Tunheim of the District of Minnesota.

  • Technology Assisted Review Can Work For Small Cases


    For as long as e-discovery lawyers have been using technology assisted review, a belief has persisted that it cannot be used economically or effectively in small cases. But TAR can be highly effective in small cases, typically reducing the time and cost of a review project by 60 to 80 percent, say John Tredennick, Thomas Gricks III and Andrew Bye of Catalyst Repository Systems LLC.

  • Hurricane Harvey Will Test The Public Necessity Doctrine

    Katherine David

    In the aftermath of Hurricane Harvey, Texas state and federal courts will have to tackle the question of whether landowners are entitled to compensation following the government's decision to open the Addicks and Barker reservoirs, causing some homes to be flooded, say attorneys with Gardere Wynne Sewell LLP.

  • New Sedona Principles Stress Information Governance

    Saffa Sleet

    The Sedona Conference Working Group's updated Sedona Principles provides a timely reminder that the legal industry needs to be thinking more seriously about the interconnectedness between e-discovery and information governance, says Saffa Sleet of FTI Consulting Inc.

  • TC Heartland And Its Aftermath: A Litigant’s View

    James Dabney

    The U.S. Supreme Court's decision in TC Heartland is rightly treated as having changed patent venue law, as illustrated by the Federal Circuit's recent Cray decision, says James Dabney, co-head of Hughes Hubbard & Reed LLP’s intellectual property practice group and counsel for TC Heartland.

  • 4 Employer Concerns During And After Natural Disasters

    Shira Yoshor

    It seems natural disasters have dominated the news in the past month, and employers have to know how far they must go to help during these difficult times. Questions about payment of wages, the Family and Medical Leave Act, accommodation for stress, and disaster-related health issues are just a few of the concerns employers must confront in the face of a storm or other major disruptive event, says Shira Yoshor of Greenberg Traurig LLP.