• February 1, 2017

    Similar On The Law, Gorsuch Differs From Scalia In Style

    If confirmed by the Senate, U.S. Supreme Court nominee Neil Gorsuch would bring to the bench a strikingly similar judicial philosophy to that of the late Justice Antonin Scalia, but former clerks and colleagues say the Tenth Circuit judge and Colorado native’s congenial temperament couldn’t be more different from the fiery Scalia's.

  • February 1, 2017

    Texas Hospital Fined $3.2M For Losing Unprotected Devices

    A Dallas children’s hospital has paid a $3.2 million penalty for failing to properly protect electronic health records until after an unencrypted laptop with information about nearly 2,500 people was stolen from its building, the U.S. Department of Health and Human Services announced Wednesday.

  • February 1, 2017

    Energy Law Boutique Nabs Top Texas Appellate Lawyer

    Energy law boutique Davis Gerald & Cremer announced on Wednesday that it has snagged Charles “Skip” Watson, an attorney with extensive experience practicing before the Texas Supreme Court, as a shareholder in the firm’s Austin office.

  • February 1, 2017

    Texas Appeals Court Nixes $27M Drilling Contract Suit Award

    A Texas appeals court on Wednesday wiped out a $27.7 million judgment against Carrizo Oil & Gas Inc. in a drilling farmout agreement dispute, saying a lower court judge wrongly excluded evidence supporting Carrizo's argument that it didn't breach the deal.

  • February 1, 2017

    5th Circ. Says Solar Plant Suit Belongs In Texas Court

    The Fifth Circuit on Wednesday upheld the remand of a dispute between the owner of an Idaho solar power project and a prospective builder of the plant to Texas state court, saying a confidentiality agreement between the parties clearly requires all disputes be resolved in that venue.

  • February 1, 2017

    Ameron Says AIG, Chubb Must Cover Corrosion Settlement

    Industrial equipment maker Ameron International Corp. hit units of American International Group Inc. and Chubb Limited with a Texas federal court suit Tuesday seeking coverage for its settlement of litigation over corrosion on a $1.4 billion natural gas project.

  • February 1, 2017

    Attys React To Judge Gorsuch's Supreme Court Nomination

    President Donald Trump nominated Tenth Circuit Judge Neil Gorsuch on Tuesday to become the next associate justice on the U.S. Supreme Court, aiming to fill the vacancy left by Justice Antonin Scalia's death. Here, attorneys tell Law360 what they think about the nomination.

  • February 1, 2017

    J&J's Hip Verdict Appeal Attacks 'Inflammatory' Rhetoric

    Kicking off their appeal of a massive bellwether trial verdict, DePuy Orthopaedics Inc. and parent company Johnson & Johnson have told the Fifth Circuit that five hip-replacement patients' defect claims should never have reached a jury, nor should that jury have heard "inflammatory" and "prejudicial" statements.

  • February 1, 2017

    Benicar MDL Judge Won't Send Med Mal Suit To State Court

    The New Jersey federal judge overseeing multidistrict litigation over claims that blood pressure drug Benicar can cause gastrointestinal injuries has refused to send back a suit to Texas state court, finding that a doctor accused of medical malpractice and also named in the suit had been fraudulently added.

  • February 1, 2017

    Judge Recommends Nixing Money Transfer IP Under Alice

    A Texas federal judge recommended Monday that four patents owned by technology firm Integrated Technological Systems Inc. be invalidated, a move that could release First Internet Bank of Indiana from infringement claims.

  • February 1, 2017

    Oculus, Execs Must Pay $500M For Software Infringement

    Facebook Inc. subsidiary Oculus VR LLC and several of its executives must pay $500 million in damages to video game developer ZeniMax Media LLC for copyright and trademark infringement and breach of a non-disclosure agreement in a case tied to its virtual reality technology, a Texas federal jury found Wednesday.

  • February 1, 2017

    Blackstone REIT Invitation Homes Raises $1.5B In IPO

    The Blackstone Group LP’s Invitation Homes Inc., a real estate investment trust with a portfolio of rental properties purchased at bargain prices after the financial crisis, reeled in $1.54 billion with an initial public offering on Tuesday guided by Simpson Thacher & Bartlett LLP, the largest IPO since 2015.

  • February 1, 2017

    Senate Approves Tillerson As Secretary Of State

    Former Exxon CEO Rex Tillerson will serve as President Donald Trump’s secretary of state after receiving Senate confirmation Wednesday, as battles over the Cabinet continue this week amid Trump’s controversial order on immigration.

  • February 1, 2017

    Insurer Must Split Army Depot Injury Defense, 5th Circ. Says

    A Fifth Circuit panel affirmed Tuesday that United Fire and Casualty Co. must split with Colony National Insurance Co. the cost of defending a general contractor in an underlying lawsuit stemming from injuries a worker suffered at a construction site on a U.S. Army base in Texas.

  • January 31, 2017

    Gorsuch Likely To Restore Scalia-Era High Court Balance

    With a solid conservative bent, President Donald Trump’s nominee for the U.S. Supreme Court, Circuit Judge Neil Gorsuch, is unlikely to shift the high court’s jurisprudence significantly away from where it stood with the late Justice Antonin Scalia, legal experts say.

  • January 31, 2017

    Gorsuch's Credentials Could Prove Troubling To Opposition

    The praise for Tenth Circuit Judge Neil Gorsuch following his nomination to the U.S. Supreme Court Tuesday night came from many prominent legal figures, reflecting how it will be hard for Democrats to challenge President Donald Trump's selection given the judge's impeccable resume.

  • January 31, 2017

    3 Gorsuch Opinions You Need To Read Right Now

    President Donald Trump's U.S. Supreme Court nominee Judge Neil Gorsuch is a 10-year veteran of the Tenth Circuit and has under his belt hundreds of opinions that can be mined for clues as to what kind of Supreme Court justice he would be. Here are three opinions by Judge Gorsuch to read right now.

  • January 31, 2017

    Trump Nominates Judge Gorsuch For High Court Seat

    President Donald Trump on Tuesday nominated Tenth Circuit Judge Neil Gorsuch to fill a Supreme Court seat that has remained vacant since the death of Justice Antonin Scalia in February 2016, picking a well-respected figure in the conservative legal establishment who would restore the nation’s top bench to a Republican majority and likely break the recent spate of 4-4 ties.

  • January 31, 2017

    Trans Prof Can't Enter Obama Bathroom Rule Row, States Say

    Texas, Oklahoma and other states challenging an Obama administration guidance that students be allowed to use restrooms matching their gender identity asked the Fifth Circuit on Monday to disallow participation in the case by a transgender college professor involved in a separate discrimination suit against Oklahoma.

  • January 31, 2017

    Oil Shipping Co. Seeks 5th Circ. Review of $20M Spill Case

    American Commercial Lines LLC on Monday asked the Fifth Circuit to overturn a lower court’s refusal to cap its liability in a $20 million oil spill caused by a barge collision on the Mississippi River.

Expert Analysis

  • A Trademark Year In Wine And Beer 2016: Part 5

    David Kluft

    David Kluft of Foley Hoag LLP finishes off his comprehensive review of this year's beer and wine trademark disputes with 32 more cases for you to bring up at your holiday party.

  • My Strangest Day In Court: The 1995 Oklahoma City Bombing

    Randy Gordon

    When Timothy McVeigh detonated a rental truck full of fertilizer and fuel oil in front of the Alfred P. Murrah Federal Building on April 19, 1995, the explosion blew the windows out of our courtroom and the jurors jumped from their seats and dashed from the building. Plainly, there would be a mistrial, recalls Randy Gordon of Gardere Wynne Sewell LLP.

  • Are Courts In The Discovery Driver’s Seat?

    Cristin K. Traylor

    I recently asked a panel of four federal court judges whether they expect courts to start taking a more active role in e-discovery. They answered with a resounding yes. However, their responses left me wondering whether courts are actually taking a more active role in discovery since the Federal Rules of Civil Procedure amendments took effect in December 2015, says Cristin Traylor of McGuireWoods LLP.

  • A Trademark Year In Wine And Beer 2016: Part 4

    David Kluft

    In the penultimate article in his five-part series, David Kluft of Foley Hoag LLP continues to bring you the most interesting beer and wine trademark dispute cases of 2016.

  • How Bad Data Analyses Can Sabotage Discrimination Cases

    Mike Nguyen

    Used properly, statistics can be highly effective in supporting legal arguments, but misinterpreted statistics can quickly sink cases. It is especially critical to understand the benefits and limitations of using data in discrimination cases, says Mike Nguyen of Analysis Group Inc.

  • Overturning NLRB Unit Determination Standards At 2nd Circ.

    Shay Dvoretzky

    In Constellation Brands v. NLRB, the Second Circuit recently handed an employer a rare victory in a challenge to a National Labor Relations Board unit determination confirming a petitioned-for bargaining unit. This decision, along with another recent ruling from the Fifth circuit, is important because it sets forth a road map for NLRB regional directors analyzing the appropriateness of bargaining units, say attorneys at Jones Day.

  • Key Trade Secret Developments Of 2016: Part 1

    Randy Kahnke

    This year brought significant developments in trade secret law, the most important of which was the passage of the long-awaited federal Defend Trade Secrets Act. In the few months since the act took effect, litigants have already asserted DTSA claims in more than 75 federal cases, say attorneys with Faegre Baker Daniels LLP.

  • The Path To The California Bench

    Judge George F. Bird

    Ever consider applying for a judicial appointment in California? Get the lay of the land from Judge George Bird of the Los Angeles Superior Court and Kimberly Knill, a senior appellate court attorney for the California Court of Appeal. Additionally, hear what several recent appointees to the LA Superior Court thought of the judicial selection process.

  • Enron’s Legacies, A Decade And A Half Later

    Kevin LaCroix

    Enron’s most important legacy is its impact on corporate governance. As a result of the heightened scrutiny and regulatory reforms that followed in the wake of the Enron scandal, boards generally have become and remain more active, independent and involved, says Kevin LaCroix of RT ProExec.

  • San Antonio Hail Suit Standing Orders: Here We Go Again!

    Steven J. Badger

    As drafted, Bexar County's standing orders are an early Christmas gift to Texas hail lawyers, encouraging the signing-up of even meritless cases and pushing matters to early bulk settlements. The courts should invite established practitioners to draft orders that are fair and balanced to all litigants, say Steven Badger and Summer Frederick of Zelle LLP.