Texas

  • August 3, 2017

    Real Estate Software Biz Drops $250M On Leasing Platform

    Real estate industry software provider RealPage Inc. said Wednesday it has inked a $250 million cash deal to snap up renter and property manager leasing platform On-Site Manager Inc., amid a number of deals the purchaser has made in recent months. 

  • August 3, 2017

    Westwood Financial Nabs $171M In Loans On 13 Properties

    Shopping center owner and operator Westwood Financial has landed a pair of loans totaling $171 million for 13 properties across seven states with a total of 1.05 million square feet of space, according to a statement Wednesday from Holliday Fenoglio Fowler LP, which arranged the financing.

  • August 3, 2017

    UT Cancer Center To Face Suit Over Patient's Death

    The University of Texas MD Anderson Cancer Center can't escape a wrongful death lawsuit brought by the family of a patient who died after participating in one of the hospital's clinical trials because its governmental immunity is waived, a Texas appellate court held Thursday.

  • August 2, 2017

    State AGs Press High Court To Take On Microsoft Warrant Row

    A bipartisan coalition of nearly three dozen state attorneys general has urged the U.S. Supreme Court to review the Second Circuit’s refusal to allow the federal government to access consumer data stored overseas by service providers such as Microsoft, arguing that the ruling is allowing businesses to unfairly dodge an obligation to cooperate in criminal probes.

  • August 2, 2017

    Texas Lawyers See 'Bathroom Bill' As Bad For Business

    Texas law firms are concerned about backlash from both potential new talent and from national clients if state lawmakers pass a controversial bill governing which bathrooms transgender people can use, lawyers say.

  • August 2, 2017

    J&J, DePuy Fight Hip Implant Claims Ahead Of 4th Bellwether

    Staring down a fourth bellwether trial over its Pinnacle Ultamet line of metal-on-metal hip implants, Johnson & Johnson on Tuesday told a Texas federal judge it can't be held liable for products made by subsidiary DePuy Orthopaedics.

  • August 2, 2017

    Fed. Circ. Urged To Reject Challenge To Gilstrap's Venue Rules

    Technology company Raytheon urged the Federal Circuit on Tuesday to deny a bid by supercomputer maker Cray to throw out a decision by Eastern District of Texas Judge Rodney Gilstrap setting rules for determining the appropriate venue for patent cases, saying Cray can’t show that the judge abused his discretion.

  • August 2, 2017

    Texas Energy Co. Sheds $820M In Ch. 11 Consummation

    Houston-based oil and natural gas developer Vanguard Natural Resources said Tuesday it has consummated a prenegotiated Chapter 11 plan and emerged from bankruptcy with $936 million in total outstanding debt, after lightening the load by $820 million.

  • August 2, 2017

    Texas Court Tosses Suit Over Newborn's Genetic Test

    A Texas appellate court on Tuesday affirmed the dismissal of a suit accusing a genetic testing company and hospital of failing to detect Down syndrome in a newborn, saying the claims are essentially medical malpractice allegations and therefore required an expert medical opinion under state law.

  • August 2, 2017

    Oilfield Services Co., Drugmaker Launch IPOs Totaling $160M

    A private equity-backed Texas oilfield services company and a venture-backed Danish biotech developing diabetes treatments launched initial public offerings on Tuesday totaling $160 million, joining a coal miner that set terms Monday on an estimated $150 million IPO.

  • August 2, 2017

    Deals Rumor Mill: NFL, Beyoncé, Hasbro

    The NFL is in talks to create a massive hospitality company that would provide travel and ticketing services for sporting events, Beyoncé is interested in buying into the NBA's Houston Rockets, and toy maker Hasbro has abandoned discussions concerning an acquisition of Lionsgate Entertainment.

  • August 2, 2017

    Houston Golf Assoc. Wants OK To Nix Ticketing Contract

    The Houston Golf Association filed a lawsuit in Harris County District Court on Tuesday against ticketing company ExtremeTix, asking the court to declare that a contract between the parties allows it to cancel its ticketing contract with the company ahead of the 2018 Houston Open.

  • August 2, 2017

    Mass. Top Court Can Handle Exxon Climate Fight, AG Says

    The Massachusetts Supreme Judicial Court's recent decision to a fast-track consideration of whether state Attorney General Maura Healey’s climate change investigation of Exxon Mobil Corp. is warranted supports her argument that federal courts shouldn’t short-circuit her climate probe of the oil giant, Healey's chief legal counsel told a New York federal judge on Tuesday.

  • August 2, 2017

    Drilling Co. Layoffs Didn’t Violate WARN Act, 5th Circ. Says

    A Fifth Circuit panel affirmed Tuesday that a putative class action brought by an employee laid off by Latshaw Drilling Co. who alleged the company failed to provide layoff notices in violation of the Worker Adjustment and Retraining Notification Act didn’t meet the act’s “single site” requirement.

  • August 1, 2017

    Texas Fraudsters Can't Slip $374M Medicare Scam Convictions

    A Texas federal judge on Monday shut down a Dallas-area doctor and two home health agency owners’ bids to escape their convictions for running a $374 million Medicare billing fraud ring, ruling there was sufficient evidence backing the jury’s decision.

  • August 1, 2017

    5th Circ. Won't Redo $12.5M Access Fee Ruling Against Sprint

    The Fifth Circuit on Tuesday declined to rehear a case in which it affirmed that Sprint must pay local CenturyLink Inc. units about $12.5 million in access fees after Sprint cut the rates it paid and argued that it shouldn’t have to pay tariffs for connecting Voice over Internet Protocol customers with traditional landlines.

  • August 1, 2017

    Fuel Broker Can't Avoid Texas Superfund Cleanup Order

    Baxter Oil Service Ltd. can't duck an order from the Texas Commission on Environmental Quality related to the cleanup of the Voda Petroleum State Superfund site after a Texas appellate court on Monday rejected its argument that the order violated due process by not providing notice it could appeal.

  • August 1, 2017

    Chinese Co. Moves To Dodge Suit Over $775M BP Asset Sale

    A Chinese petroleum company urged a Texas federal judge Tuesday to toss a consulting firm’s suit over unpaid invoices related to the $775 million sale of certain BP PLC assets, arguing that the court does not have jurisdiction over the dispute, which is currently in arbitration.

  • August 1, 2017

    Global Tel*Link Gets Patent Smear Campaign Suit Tossed

    A Texas appeals court on Monday found a lower court erred when it refused to toss Securus Technologies Inc.’s defamation suit that accused Global Tel*Link of orchestrating a smear campaign amid an ongoing patent battle between the rival prison telecommunications providers.

  • August 1, 2017

    Fried Frank Ex-Client Can't Sue In Texas Over Tax Advice

    Fried Frank Harris Shriver & Jacobson LLP isn't subject to Texas jurisdiction in a suit brought by former client Millennium Chemicals Inc. alleging it gave flawed advice on a tax-sharing agreement, a Texas appellate court held Monday.

Expert Analysis

  • Bucking Tradition: NewLaw And The Coming Millennials

    Jill Dessalines

    Recent surveys show that law firms won't be able to rely on the flood of associates their business model demands as long as they require them to dedicate all day, most nights, every weekend and all holidays to firm business, says Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant GC at McKesson Corp.

  • Monthly Column

    Gray Matters: We Feel, We Decide

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    Despite legal education training and the focus on logic and reason by the courts, lawyers address emotional issues on a daily basis — albeit more indirectly. But a shift to consciously and strategically addressing emotions gives us a powerful tool to help our clients reach faster, better decisions, say dispute resolution experts Robert Creo and Selina Shultz.

  • Opinion

    Justice Kennedy's Moderating Influence On The High Court

    Nan Aron

    The guessing game around Justice Anthony Kennedy’s possible retirement is reaching a crescendo. Yet the speculation does more than fuel bookmakers’ odds. It draws attention to his pivotal role as the court’s swing vote, says Nan Aron, president of Alliance for Justice.

  • Weekly Column

    Innovating For Wise Juries: Juror-Posed Questions

    Roy Futterman

    One way to combat juror confusion and boredom is to allow jurors to ask witnesses questions. No federal evidentiary or court rule prohibits it, and every federal circuit court to address the practice has held it permissible, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Texas Steel Bill Raises Questions For Construction

    Brian Gaudet

    Texas Senate Bill 1289 requires the use of domestic iron and steel for public infrastructure projects in the state. But given the higher price of U.S.-sourced steel, the bill would increase project costs significantly, likely resulting in fewer capital improvements, and possibly impacting construction-related jobs, say Brian Gaudet and Traci Donatto of Coats Rose PC.

  • Tips For Complying With ABA’s New Encryption Guidance

    Nick Holda

    Last month, the American Bar Association published revised guidance regarding an attorney’s duty to protect sensitive client material in light of recent high-profile hacks. The first step in compliance is understanding how your data is being stored and accessed. There are three key questions you should ask your firm’s information technology staff and/or external solution vendors, says Nick Holda of PreVeil.

  • Looking At The Limitations Of The Delay Exclusion

    Hilary Henkind

    Read literally, the delay exclusion contained by many commercial property policies would preclude coverage for any loss of revenue incurred, even if the delay is a direct result of a covered cause of loss. However, case precedent shows that it is necessary to reconcile the delay exclusion with the business income or extra expense coverage grant, says Hilary Henkind of Mound Cotton Wollan & Greengrass.

  • OSHA's Multiemployer Citation Policy: A Changing Landscape

    Michael Abcarian

    The Occupational Safety and Health Review Commission's recent decision in Secretary of Labor v. Hensel Phelps Construction has immediate implications for construction employers in Texas, Louisiana and Mississippi, and could preview a split among federal circuit courts regarding the secretary of labor’s enforcement powers under the Occupational Safety and Health Act, says Michael Abcarian of Fisher Phillips.

  • Series

    FERC At 40: A Look Back And Ahead

    Daniel Hagan

    Forty years ago, the Federal Energy Regulatory Commission was created as the successor to the Federal Power Commission. Daniel Hagan and Jane Rueger of White & Case LLP review how FERC has dealt with historic changes in the natural gas and electric power markets over the last four decades, and consider the evolving energy landscape the commission will face in coming years.

  • Weekly Column

    Innovating For Wise Juries: Preliminary Instructions

    Richard Lorren Jolly

    One of the easiest ways to improve civil jury trials is to give juries substantive instructions on the law at the beginning of the trial rather than at its conclusion. It is also one of the most popular proposals we are recommending, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.