• June 7, 2017

    Stryker Unit Says Biomet Trade Secret Suit Should Proceed

    A Stryker Corp. subsidiary told a federal judge in Texas on Wednesday to deny a bid from three Biomet Inc. affiliates to dismiss its lawsuit alleging Biomet pilfered its employees, customers and trade secrets, because contrary to Biomet's argument, Stryker isn't required to name the former employees as defendants.

  • June 7, 2017

    Munsch Hardt Adds Oil And Gas Partner In Houston

    Munsch Hardt Kopf & Harr PC bolstered its Houston office with the addition of a shareholder, a litigator in the oil and gas industry and onetime Anadarko Petroleum Corp. senior counsel whose experience includes defending numerous energy companies against an oil tycoon’s False Claims Act allegations.

  • June 7, 2017

    BP Urges 5th Circ. To Accept Formula For Deepwater Claims

    BP has asked the Fifth Circuit to revisit and reverse its decision rejecting most of the formula the oil giant used to determine the settlement it will pay a class of Gulf Coast businesses harmed by 2010’s Deepwater Horizon disaster, saying the panel’s reasoning rested on a mistaken premise.

  • June 7, 2017

    #AppellateTwitter Becomes Internet Hotspot For Legal Nerds

    A spur-of-the-moment tweet from a Texas appellate lawyer a year ago spawned a hashtag that has turned into a vibrant corner of the internet responsible for connecting the country’s appellate lawyers, birthing deep friendships and leading to real-life benefits like case referrals.

  • June 6, 2017

    Texas Gov. Announces July Special Legislative Session

    Texas Gov. Greg Abbott announced Tuesday that the state’s Legislature will meet for a special session, beginning on July 18, to consider issues ranging from limits on local and state government spending caps to health care and social issues.

  • June 6, 2017

    16 States Back Trump's Travel Ban In Amicus Brief

    Sixteen states filed an amicus brief in the U.S. Supreme Court on Tuesday in support of President Donald Trump’s travel ban on nationals from six Muslim-majority nations, arguing that the Constitution does not protect nonresident immigrants entering the U.S. and that the court must presume the executive order was valid and drafted in good faith.

  • June 6, 2017

    Texas State Sen. Moves To Nix Feds' Kickback Case

    A Texas state senator indicted last month in two fraud schemes told a federal court Monday the indictment related to alleged kickbacks for a medical services contract at a county jail should be dismissed because the government hasn't alleged he was paid bribes, only that he was allegedly paid "gratuities."

  • June 6, 2017

    Joe's Crab Shack Parent Hits Ch. 11 With $50M Purchase Bid

    Restaurant chains Joe’s Crab Shack and Brick House Tavern + Tap filed for Chapter 11 bankruptcy on Tuesday in Houston along with parent company Ignite Restaurant Group Inc. with a $50 million private equity purchase offer in hand after failing to fix declining sale issues out of court.

  • June 6, 2017

    Red-State Cities Face Uphill Battle To Keep Paris Pledge

    Scores of U.S. cities say they will honor the goals laid out by the Paris climate agreement despite President Donald Trump's vow to pull out of the deal, but cities in climate-policy-resistant Republican states won't have as much leeway to clamp down on greenhouse gas emissions as their blue-state counterparts, experts say.

  • June 6, 2017

    Tycoon's Estate Says High Court Ruling Ends SEC Judgment

    Counsel for the estate of the late Texas business tycoon Charles Wyly Jr. argued in a Monday letter to the Second Circuit that a U.S. Supreme Court decision limiting disgorgement collected by the U.S. Securities and Exchange Commission also affects their case, and may necessitate the vacating of the remaining judgment.

  • June 6, 2017

    Texas PE Deals Rebound With Oil Price Upswing

    Private equity deal-making within Texas' energy industry is making a comeback after a downturn in such investments through much of 2015 and 2016, and stabilized oil prices, combined with the affordability of entering the Texas market, means the number of deals in 2017 should continue trending upward, attorneys in the field say.

  • June 6, 2017

    SemGroup To Pick Up Oil Terminal Co. In $2.1B Deal

    SemGroup Corp. said Tuesday it has finalized a more than $2 billion deal with investment funds managed by Alinda Capital Partners to acquire Houston Fuel Oil Terminal Co., one of the largest oil terminals in the country.

  • June 6, 2017

    Trade Secret, Contract Pro Joins Lewis Brisbois In Dallas

    Lewis Brisbois Bisgaard & Smith LLP has added former Godwin Bowman & Martinez PC shareholder Leiza Dolghih as a partner in its employment and labor practice in Dallas, where she will apply her experience defending against trade secret lawsuits and litigating disputes over contracts.

  • June 6, 2017

    Exxon Should Face ERISA Climate Suit, Former Worker Says

    Current and former Exxon Mobil Corp. employees on Monday asked a Texas federal court to reject a bid to dismiss their putative class action under the Employee Retirement Income Security Act alleging that the company’s purportedly fraudulent climate change disclosures caused their retirement savings to take a hit.

  • June 6, 2017

    Jackson Walker Adds Dykema Trio in San Antonio

    Jackson Walker LLP on Tuesday announced that it has bolstered its corporate, real estate and mergers and acquisitions practices in San Antonio, Texas, with the addition of three partners from Dykema Cox Smith.

  • June 5, 2017

    Kane Russell Alums Launch Financial Services-Focused Firm

    Five partners split from Kane Russell Coleman & Logan PC in Dallas to form a new firm Monday focused on banking and financial services clients, including litigation, bankruptcy, real estate and compliance work.

  • June 5, 2017

    5th Circ. Revives Kroger Employee's Slip And Fall Suit

    The Fifth Circuit on Friday determined that a former Kroger Texas LP employee should be allowed to pursue his suit against the supermarket chain over injuries he suffered when he slipped while cleaning a spill, ruling that the lower court had abused its discretion when it threw the suit out.

  • June 5, 2017

    Texas Sues To Delist Warbler As Endangered Species

    A Texas state agency sued the U.S. Fish and Wildlife Service in federal court Monday, seeking a determination that the golden-cheeked warbler should not be listed as an endangered species because its population has grown and its habitat has expanded since it was first listed.

  • June 5, 2017

    Prison Health Co. Settles Kickback, FCA Claims For $2.5M

    A medical contractor and its owner have agreed to pay the federal government nearly $2.5 million to settle claims that they violated anti-kickback and false claims laws by using the help of a federal prisons employee to obtain prison health care contracts.

  • June 5, 2017

    Liberty Mutual Keeps $30M Counterclaim Against Builder

    A Texas federal judge on Friday refused to dismiss Liberty Mutual Insurance Co.’s counterclaim against Hunt Construction Group Inc. seeking to void a $30 million performance bond it issued to a subcontractor Hunt accused of botching duties related to work on the Fairmont Hotel in Austin.

Expert Analysis

  • The Credit Card Surcharge Fight Isn’t Over Yet

    Andrew C. Glass

    Rather than rule on whether a New York statute restricting credit card surcharges violates the First Amendment, the U.S. Supreme Court in Expressions Hair Design v. Schneiderman remanded the matter to the Second Circuit. Nevertheless, the court’s decision has the potential for broader impact and has already affected cases challenging surcharge laws in other states, say attorneys with K&L Gates LLP.

  • Ruling On CFPB Could Upend Controversial Net Worth Sweep

    Sai Prakash

    The DOJ's recent challenge to the constitutionality of the Consumer Financial Protection Bureau could have significant ramifications for another government agency — the Federal Housing Finance Agency, according to Sai Prakash of the University of Virginia School of Law.

  • Lawyers In Flow: Get Out Of Your Head And Into Your Case

    Jennifer Gibbs

    If Time Magazine is correct in that being a lawyer is one of the five worst high-paying jobs, it may be time for the legal profession to pull one from the playbook of musicians and professional athletes and seek to enter a state of “flow,” says Jennifer Gibbs of Zelle LLP.

  • Satire

    A Law Firm Ranking Model By 'Fake News & Distorted Reports'

    Alan B. Morrison

    Suffering from law firm ranking fatigue? Bewildered by the methodologies? If so, you're in good company. Alan Morrison, associate dean for public interest and public service law at George Washington University Law School, wonders just how far law firm ranking efforts may go.

  • D Magazine Ruling Sheds Light On Texas Anti-SLAPP Statute

    Nicholas A.F. Sarokhanian

    The Supreme Court of Texas recently clarified two areas of defamation law — lawyers and courts should think twice before citing Wikipedia in their analysis of whether a publication is reasonably capable of a defamatory meaning, and parties that even partially win their anti-SLAPP motions to dismiss are entitled to recover expenses, says Nicholas Sarokhanian of Holland & Knight LLP.

  • When Arbitration Clauses Collide With Bankruptcy Laws

    Laura M. Fontaine

    A bankruptcy trustee or a debtor in possession has several specific powers that frequently come into conflict with a nondebtor’s desire to invoke an arbitration clause. The Fifth Circuit’s recent decision in Janvey v. Alguire pushed back on a trend of expanding the nonsignatory related parties that can be swept into arbitration, says Laura Fontaine of Gruber Elrod Johansen Hail Shank LLP.

  • Crowdfunding For Legal Cases: 5 Trends Reshaping Justice

    Julia Salasky

    Most people have never had an opportunity to personally take part in a legal case that directly challenges laws or policies they don’t agree with. Now that crowdfunding is available for legal cases, people can engage directly with legal change in the community and be a check on the powerful, says Julia Salasky, CEO of CrowdJustice.

  • Opinion

    ABA Needs A New Model Legal Ethics Rule

    Kevin L. Shepherd

    Perhaps lost in the presidential post-election tumult was a report issued in late 2016 by an international body evaluating U.S. compliance with anti-money laundering and counter-terrorist financing standards. Considering repeated criticisms of the legal profession, the American Bar Association should seriously consider a new model legal ethics rule, says Kevin Shepherd of Venable LLP.

  • What Does Lateral Partner Success Look Like?

    Howard Flack

    In the final segment of his series on lateral recruitment, Howard Flack, a partner of Volta Talent Strategies LLC and former leader of the lateral partner recruiting team at Hogan Lovells, shares a number of factors law firms should consider when measuring lateral hire success.

  • Opinion

    Gorsuch, Roe And 'Superprecedent'

    Nancy Northup

    The Senate must now make a decision that holds the potential of striking at the essence of what it means to live in a free nation of laws, where each of us has the right to define who we love, who we are, and the very purpose of our lives — and it must do so without the benefit of essential information, says Nancy Northup, president of the Center for Reproductive Rights.