• March 5, 2018

    PE-Backed Midstream Company Reaps $100M In Initial Equity

    Dallas-based Mettle Midstream Partners LLC, a newly founded independent midstream company, on Monday said it received a $100 million initial equity commitment from energy-focused private equity firms Natural Gas Partners and Pearl Energy Investments.

  • March 5, 2018

    High Court Says US Can Pursue NM Water-Sharing Claims

    The U.S. Supreme Court on Monday said the federal government may pursue claims that New Mexico has violated a Rio Grande water-sharing deal by allowing its residents to siphon off more than their share of the water before it is delivered to Texas.

  • March 5, 2018

    Justices Pause 5th Circ. Arbitration Ruling In Antitrust Fight

    The U.S. Supreme Court granted a stay Friday that blocked a Fifth Circuit order allowing a dental supply distributor to continue with its antitrust suit against a competitor and several dental supply manufacturers despite an arbitration agreement, a decision that has been appealed to the high court.

  • March 2, 2018

    Texas Supreme Court Says Heavy Equipment Tax Law Legal

    The Texas Supreme Court on Friday reversed a lower court's ruling in a dispute over whether the state tax law uses an unconstitutional framework to value heavy equipment such as pipeline compressors, affirming the legality of the statute in question and potentially resolving hundreds of related cases.

  • March 2, 2018

    5th Circ. Lowers Bar To Review Benefits Claims Denials

    A majority of the full Fifth Circuit has adopted a lower standard for reviewing decisions by benefits plan administrators to deny coverage to workers, overturning a precedent that conditioned judges’ review power on whether an appeal turns on facts or plan interpretation.

  • March 2, 2018

    Texas Appeals Court Limits Discovery In NCAA CTE Suit

    The National Collegiate Athletic Association was partially successful in limiting the scope of discovery in a wrongful death suit brought by the widow of a former football player who died from chronic traumatic encephalopathy, with a Texas appeals court saying Thursday that a trial court's order was overly broad in some respects.

  • March 2, 2018

    Exxon Wants To Probe Calif. Officials On Their Climate Suits

    Exxon told a Texas state court on Thursday that it should be able to take testimony from attorneys and California public officials it believes are leading a politically charged effort to squash the company’s free speech rights by suing the oil giant over its alleged climate change liability.

  • March 2, 2018

    FasciaBlaster Inventor Sanctioned In Failed Defamation Suit

    A state district judge in Houston has slapped the inventor of FasciaBlaster, a pronged massage stick, with more than $250,000 in sanctions and attorneys' fees after a defamation lawsuit she filed against a woman over Facebook posts critical of the product was dismissed under a state free speech law.

  • March 2, 2018

    Southwest Says Union Letter Poor Try To Stop OT Boycott

    Southwest Airlines Co. asked a Texas federal judge for a partial quick win Thursday in its suit accusing a mechanics union of organizing an overtime boycott that allegedly caused a 10-day "maintenance emergency," arguing the labor organization's eventual online letter was an insufficient attempt to stop the job action.

  • March 2, 2018

    Texas Court Keeps Post-Plastic Surgery Death Case Open

    A Texas appeals court has kept alive a wrongful death case filed by the family of a double mastectomy patient who died following reconstructive plastic surgery, shutting down arguments that called the family’s expert witness unqualified and his report inadequate.

  • March 2, 2018

    Texas, Others Urge Justices To Uphold Trump's Travel Ban

    States such as Texas and Florida and organizations such as Citizens United and the Immigration Reform Law Institute recently signed onto briefs urging the U.S. Supreme Court to determine that President Donald Trump adhered to federal immigration law and the U.S. Constitution in banning travel to the U.S. by certain nationals of several predominantly Muslim countries.

  • March 2, 2018

    EEOC Sues Compass For Denying Woman A Sous Chef Job

    The U.S. Equal Employment Opportunity Commission on Thursday filed suit in Texas federal court on behalf of a former University of Texas kitchen manager, saying that food services giant Compass Group USA Inc. refused to remedy the discriminatory behavior of an executive chef who refused to hire the supervisor as his sous chef because she is a woman.

  • March 2, 2018

    IRS Seeks Quick Win In $337M Exxon Tax Refund Bout

    The IRS on Thursday asked a federal court in Texas for an early victory in its tax spat against Exxon Mobil Corp., saying the company is not entitled to $337 million in refunds because it cannot use a tax credit to reduce both fuel excise and income taxes.

  • March 2, 2018

    Texas Justices Order New Trial In $9.6M Oil Rig Injury Case

    Citing the improper exclusion of video evidence that shows an injured oil rig worker performing manual labor, the Texas Supreme Court on Friday ordered a new trial in the case that originally resulted in a $9.6 million jury verdict against Diamond Offshore Services Ltd.

  • March 1, 2018

    Wrist Wear Co. Hits Ch. 11 With Plans To Sell IP, Sue Apple

    A developer of high-tech wrist wear that allows users to track their physical activity and signal when they are in distress filed for bankruptcy on Wednesday, saying it plans to liquidate in Chapter 11 and potentially pursue patent infringement and other claims against Apple Inc. over its product technology.

  • March 1, 2018

    Patent Suit Against Wilson Still Had Legs, Judge Says

    A federal magistrate judge in Texas has recommended that Wilson Sporting Goods Co.’s request for roughly $60,000 in attorneys' fees be denied in a patent suit against it over football helmet chin straps, finding no proof that SportStar Athletics Inc.’s decision to continue its case was frivolous.

  • March 1, 2018

    5th Circ. Orders Hearing In Immigrant Abortion Case

    A panel of Fifth Circuit judges on Thursday directed a lower court to have a hearing to determine the wishes of an unaccompanied, pregnant 14-year-old in the country without authorization who once asked for assistance having an abortion but according to the Office of Refugee Resettlement has changed her mind.

  • March 1, 2018

    FDIC, Banks Seek Wins In Second Go-Round Of MBS Suits

    The Federal Deposit Insurance Corp. asked a Texas federal judge on Wednesday to toss the defenses of three major banks accused of selling six shoddy residential mortgage-backed securities to now-defunct Guaranty Bank ahead of its 2009 failure, saying a damages award is appropriate and its claims are not time-barred.

  • March 1, 2018

    Orrick, Shearman & Sterling Nab 22 Andrews Kurth Attys

    In the latest round of departures from Andrews Kurth Kenyon LLP amid its decision to merge with Hunton & Williams LLP, Shearman & Sterling LLP announced on Thursday that it has opened an Austin, Texas, office with eight partners joining, and Orrick Herrington & Sutcliffe picked up 14 lawyers from Andrews Kurth's public finance team.

  • March 1, 2018

    Texas Panel Keeps $2.7M Jury Verdict Against Obstetrician

    An obstetrician who was found liable by a jury for causing permanent nerve damage in a child he delivered lost his bid to toss the $2.7 million judgment on Thursday when Texas' Ninth Court of Appeals rejected his argument that the wrong negligence standard was applied.

Expert Analysis

  • The Broader Implications Of Sessions’ Marijuana Move

    Markus Funk

    Beyond what it heralds for the marijuana industry, Jeff Sessions’ memo on marijuana enforcement signals a new era of increasingly decentralized federal prosecutorial power, say attorneys with Perkins Coie LLP, including former Colorado Chief Justice Michael Bender.

  • Litigation Finance Trends To Watch In 2018

    Jay Greenberg

    Jay Greenberg and Max Volsky, co-founders of litigation finance platform LexShares Inc., analyze emerging trends based on conversations with their investors and executives in this rapidly evolving sector.

  • Why Sales Rep Witness Tampering Accusations Matter

    Ryan O'Neil

    In two recent product liability trials, plaintiffs have alleged that witnesses were improperly contacted by pharmaceutical and medical device sales representatives. Such allegations can be damaging to a case and to attorney credibility, and can divert precious resources midtrial, while sidelining the actual products liability claims at issue, say Ryan O’Neil and Anne Gruner of Duane Morris LLP.

  • The Enneagram And The Practice Of Law

    Jennifer Gibbs

    Study of the Enneagram personality typing system can provide attorneys with better insights into themselves, and into those they interact with professionally, including clients, opposing counsel and judges, says Jennifer Gibbs of Zelle LLP.

  • Rebuilding Texas: An Overview Of Public Procurement Issues


    Following Hurricane Harvey, the federal government committed substantial dollars toward reconstruction efforts in Texas. For members of the construction industry planning to engage in these public projects, there are important things to know about Texas public procurement law, say Brian Gaudet and Courtney Lynch of Kilpatrick Townsend & Stockton LLP.

  • Series

    Judging A Book: Tymkovich Reviews 'Gorsuch'

    Timothy Tymkovich

    John Greenya’s new book, “Gorsuch: The Judge Who Speaks for Himself,” offers readers something the confirmation hearings did not — the backstory of Neil Gorsuch and a glimpse of who Justice Gorsuch is, says Chief Judge Timothy Tymkovich of the Tenth Circuit.

  • 4 Ways Tax Reform May Affect The Sports World

    Michael Rueda

    The Tax Cuts and Jobs Act of 2017 limits deductions on state and local income, sales and property taxes up to $10,000 per year. This new limitation may provide certain sports teams, particularly those in states like Texas and Florida, an advantage in attracting and signing talent, say Michael Rueda and David Lehn of Withers Bergman LLP.

  • Congressional Forecast: January

    Richard Hertling

    After passage of tax reform legislation, the GOP passed another temporary funding bill to avert a government shutdown before the holidays. As a result, congressional leaders again put off a resolution of a major fiscal debate over the budget, along with partisan disputes over immigration, health care and national security, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • Spoliation Scrutiny: Disparate Standards For Distinct Mediums

    Robin Shah

    Two years ago, Federal Rule of Civil Procedure 37(e) was amended to provide a clearer road map for courts analyzing whether to permit sanctions for the spoliation of evidence. Yet there is still no specific guidance for when a sanctions request relates to electronically stored and nonelectronically stored information, says Skadden associate Robin Shah.

  • Diagnosing Juror Bias Against Foreign Witnesses

    Christina Marinakis

    In an effort to study jurors' attitudes toward foreign witnesses, a representative sample of over 1,000 jury eligibles across the U.S. were surveyed over the course of several years. The results revealed two important findings, says Christina Marinakis, director of jury research at Litigation Insights.