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Texas

  • June 5, 2018

    SEC Scores $36.4M Judgment Against Oil and Gas Fraudsters

    A Texas federal judge on Monday entered a $36.4 million order against two California companies, their owner and two of his sales associates to resolve the U.S. Securities and Exchange Commission’s allegations that they duped investors into buying interests in oil and gas limited partnerships.

  • June 5, 2018

    Viveve, Thermi Settle Suit Over Vagina Reshaping Patent

    Patent owner Viveve Inc. and its competitor ThermiGen LLC told a Texas federal court Monday that they’ve settled infringement litigation over a process for reshaping the vagina, a deal that includes financial benefits for Viveve.

  • June 5, 2018

    Texas Justices Asked To OK Tax Protest Free Of Prepayment

    A Texas company has told the state’s Supreme Court it should be allowed to proceed with its tax protest without prepayment, saying the court’s decision could clarify if and when prepayment requirements violate the state constitution’s open court mandate.

  • June 5, 2018

    Texas Justices Don't Disfavor Any One Court With Reversals

    For decades, Texas lawyers have heard the old saw that the state’s appellate court in Corpus Christi is “the Ninth Circuit of Texas” — more liberal, an outlier, its rulings more likely to be reversed by the Texas Supreme Court. But the numbers don’t bear that out, according to a Law360 review of high court reversals that shows the Thirteenth Court of Appeals is in the middle of the pack.

  • June 5, 2018

    Texas Panel Nixes IT Worker's Bias Suit Against Hospital

    A Texas appeals court has tossed an information technology worker's lawsuit alleging he was fired from his job at a hospital system in an act of both retaliation and racial discrimination, finding the facts do not support his claims.

  • June 5, 2018

    Drilling Co. Can't Ditch Arbitration In Legal Fee Fight

    A Texas appellate court on Tuesday rejected arguments from Vantage Drilling International that a law firm that previously represented it in a Foreign Corrupt Practices Act investigation had waived its right to arbitrate a fee dispute by litigating the case for nearly a year.

  • June 5, 2018

    Senate Confirms Trump's Ky., Texas District Judge Picks

    The Senate Tuesday confirmed new federal trial judges for the first time in weeks by approving President Donald Trump's choices for the Eastern District of Kentucky and the Southern District of Texas.

  • June 5, 2018

    Texas Co. Recalls 34K Lbs. Of Beef Products Due To Plastic

    A Texas-based producer of meat and vegetable burger patties is recalling approximately 34,400 pounds of fully cooked ground beef products that might be contaminated with hard, white plastic, the U.S. Department of Agriculture's Food Safety and Inspection Service said Monday.

  • June 5, 2018

    Omni Hotel Sued Over Basement Drowning During Harvey

    The harrowing basement drowning death — much of it caught on tape — of an Omni Houston Hotel employee during Hurricane Harvey is the subject of a suit filed by the victim’s estate in Texas state court, which accuses the hotel chain and Otis Elevator of failing to take steps and institute systems that could have saved her life.

  • June 4, 2018

    Texas Justices To Weigh Bank's Account-Emptying Case

    The Texas Supreme Court has agreed to review Compass Bank's argument it's wrongly on the hook to repay a Mexico-based customer whose Texas account was drained by a fraudster, in a case the bank says is important as more Mexican nationals conduct banking business across the border.

  • June 4, 2018

    NJ Sen. Says He Was Kept From Entering Detention Site

    Democratic Sen. Bob Menendez of New Jersey said Monday his office has been denied access to an immigration detention facility that allegedly processes children, a day after video circulated of federal immigration authorities barring Democratic Sen. Jeff Merkley of Oregon from entering a similar site in Texas.

  • June 4, 2018

    States Backing Census Citizenship Query Wade Into NY Fight

    A group of 18 states including Florida, Michigan, Oklahoma and Texas got permission from a New York federal judge Monday to join the side of the Trump administration against a coalition of states that has sued to block the controversial decision to add a question on citizenship status to the 2020 census.

  • June 4, 2018

    Osprey, Blackstone Ink $400M Royal Resources Shale Deal

    Energy-focused special-purpose acquisition company Osprey said Monday it will buy the assets of Blackstone funds-owned Royal Resources for $400 million cash and 40 million common units, to create "the first public minerals company with oil-weighted assets concentrated in the core-of-the-core Eagle Ford Shale."

  • June 4, 2018

    McCombs, Ex-Execs Can't Get Dueling Suits Moved

    A Harris County District Court and the Texas Supreme Court have declined requests to move dueling disputes between McCombs Energy Ltd. and its former officers and employees to the same court, setting them up to move forward separately in Houston and San Antonio.

  • June 4, 2018

    Morgan Lewis Adds Ex-Jones Day M&A Partner In Houston

    Morgan Lewis & Bockius LLP has bolstered its corporate practice group in Houston with the addition of a veteran mergers and acquisition attorney from Jones Day, the firm announced Monday.

  • June 4, 2018

    SEC Brings $3.3M Suit Alleging Soundwave Investor Scam

    The U.S. Securities and Exchange Commission filed a Texas federal lawsuit Monday alleging an entrepreneur swindled $3.3 million from more than 40 investors to purportedly develop soundwave technology for the sports and oil-and-gas sectors but spent the money on himself.

  • June 4, 2018

    5th Circ. Nixes Texas' Suit Over Yucca Mountain License

    The Fifth Circuit on Friday tossed a lawsuit with which Texas sought to force a decision by the federal government on the licensing of a proposed nuclear waste repository at Nevada's Yucca Mountain, finding that the Lone Star State brought its claims too late.

  • June 4, 2018

    Gibson Dunn Picks Up Morgan Lewis Supreme Court Star

    The appellate lawyer who argued for Oil States in this term's seminal U.S. Supreme Court case challenging the constitutionality of America Invents Act reviews has left Morgan Lewis & Bockius for Gibson Dunn & Crutcher as of Monday, according to Gibson Dunn.

  • June 4, 2018

    Texas Hospital Can't Nix Bill Fight Under Free Speech Law

    A Texas appellate court has sided with a patient who is fighting what she claims is an excessively high hospital bill for treatment of her car crash injuries, holding that the hospital cannot use a state free speech law to get an early win in the suit.

  • June 4, 2018

    Justices Vacate DC Circ. Ruling On Immigrant Teen's Abortion

    The U.S. Supreme Court on Monday agreed to vacate a D.C. Circuit ruling that greenlighted an abortion for an unauthorized immigrant teen under federal detention, as she underwent the procedure before the federal government had a chance to appeal the decision to the high court.

Expert Analysis

  • Why High Court Ruling Matters For Compact Clause Entities

    Matthew Tripolitsiotis

    The U.S. Supreme Court recently held that the United States could maintain a suit to enforce terms of an interstate compact — even where it was not a signatory of the compact. This decision offers clues about how the high court might deal with issues of compact construction that have gone unresolved for some time, says Matthew Tripolitsiotis of Boies Schiller Flexner LLP.

  • How Policyholders Can Prepare For 2018's Hurricane Season

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    While many policyholders are still fighting insurance carriers to recover on Hurricane Harvey claims, it is important for policyholders to prepare for the next season of storms by reviewing their coverage and understanding the difference between “dwelling,” “contents,” “other structures,” and alternative living expenses, says Angelina Wike of Merlin Law Group PA.

  • 50 Years After MLK's Death, Housing Segregation Persists

    Rigel Oliveri

    On the 50th anniversary of Martin Luther King Jr.'s assassination, which likely influenced passage of the Fair Housing Act, segregation levels have decreased but still remain high. As a result, fair housing lawyers have turned their attention to the structural and economic forces that limit housing opportunities, says Rigel Oliveri of the University of Missouri.

  • Vindication Of Employers' Jones Act Rights At 5th Circ.

    Matthew Guy

    The Fifth Circuit's recent decision in Denetra Thomas v. Hercules Offshore Services — holding that a mobile offshore drilling unit was subject to U.S. Coast Guard regulations not those of the Occupational Health and Safety Administration — shows that employers can successfully defend Jones Act claims when an employee fails to provide evidence of fault, says Matthew Guy of Adams and Reese LLP.

  • Single Factor Income Apportionment: Inconsistent Standard

    Glenn Newman

    A majority of states claim that in-state sales are sufficient nexus to collect corporate income tax from businesses physically located across state lines, but income apportionment methods are inconsistent. Companies need to be prepared for the day one state seeks to collect a share of income tax that's already been paid to another, says Glenn Newman of Greenberg Traurig LLP.

  • Opinion

    BigLaw Doesn't Have A Diversity Problem

    Marlen Whitley

    Although the lack of racial and gender diversity among the ranks of the majority of both midsized and top law firms is a major issue, it’s past time to shed light on the real problem — inclusion, or lack thereof, says Marlen Whitley of Reed Smith LLP.

  • The Importance Of Attorney Etiquette In The Courtroom

    Christina Marinakis

    It’s difficult to say whether an attorney’s social etiquette has any impact on the verdict outcome, but the fact that jurors continually tell us about counsel’s irksome behaviors suggests that, at the very least, these behaviors distract jurors from the issues on which they should be concentrating, says Christina Marinakis, director of jury research at Litigation Insights.

  • Opinion

    Roman J. Israel, Esquire, Meet Donald J. Trump, POTUS

    Kevin Curnin

    Despite the Trump administration's desire to shut down the Legal Services Corp., thankfully the budget that Congress passed and the president signed into law last week has restored $410 million of funding to the legal aid organization. An unlikely brief for preserving LSC may be found in the quirky Denzel Washington film "Roman J. Israel, Esq.," says Kevin Curnin, immediate past president of the Association of Pro Bono Counsel.

  • Opinion

    We Need A Cybersecurity Framework For Law Firms

    Shaun Jamison

    In order to enable lawyers to best meet cybersecurity challenges, state bars should pass rules that adopt a cybersecurity framework to be developed by a national committee, says Shaun Jamison, associate dean of faculty and professor at Purdue University's Concord Law School.

  • Equity Partnership Isn’t What It Used To Be

    Jeff Liebster

    To many young attorneys, becoming an equity partner shows a firm's long-term commitment, meaning job security and a voice in important firm matters. However, the industry has changed and nowadays it may not be better to enter a new firm as an equity partner, says Jeffrey Liebster of Major Lindsey & Africa.