• September 27, 2017

    5th Circ. Won't Revive Charges For Fatal Oil Platform Blast

    The Fifth Circuit on Wednesday upheld the dismissal of criminal charges against a company and three supervisors contracted by Black Elk Energy stemming from a deadly 2012 explosion on an offshore platform leased by Black Elk, saying the lower court correctly held that federal offshore regulations don't apply to contractors.

  • September 27, 2017

    Texas Powerhouse: Latham & Watkins

    Latham & Watkins LLP's representation of Energy Transfer Partners in a $21.3 billion consolidation with Sunoco Logistics Partners, a transaction that created the second-largest master limited partnership in the country, is just one example of the work that has established it as a firm that is able to handle complex and sophisticated transactions in the competitive Texas energy market.

  • September 27, 2017

    SEC Befuddled By Ponzi Schemer's Latest Call For Legal Rep

    The U.S. Securities and Exchange Commission asked a Texas federal judge on Tuesday to disregard jailed Ponzi schemer R. Allen Stanford’s latest request for a lawyer, saying he lost the case several years ago and lacks a legal leg to stand on.

  • September 27, 2017

    Ericsson Says HTC Wireless Royalties Suit Belongs In Texas

    Ericsson Inc. told a Washington federal court Monday that a suit brought by HTC America Inc. alleging excessive royalty demands for aging standard-essential patents should be dismissed for lack of jurisdiction or, alternatively, moved to Texas, as Ericsson's U.S. operations are based there.

  • September 27, 2017

    Exxon Says Investor Climate Suit Apes 'Baseless' NY Probe

    Exxon Mobil Corp. on Tuesday urged a Texas federal judge to dump a proposed class action accusing the oil giant of concealing its climate change knowledge from investors, arguing that the investors are merely "riding the coattails" of a politically motivated and "baseless" climate investigation pursued by New York Attorney General Eric Schneiderman.

  • September 26, 2017

    Gov't Not Liable In Veteran's Suicide, Judge Rules

    A Texas federal judge ruled Monday in favor of the federal government following a bench trial over a Veterans Affairs patient’s suicide, saying the evidence did not support a finding that a psychiatrist’s alleged failure to seek an emergency detention order contributed to the U.S. Army veteran’s death. 

  • September 26, 2017

    Landry's Hit With Lawsuit Over Tigers' Treatment

    An animal enthusiast filed a Texas federal suit on Tuesday accusing the Houston Aquarium restaurant and its parent company, Landry's Inc., of violating the Endangered Species Act regarding the treatment of four tigers on display at the downtown restaurant, following through with the lawsuit she told the restaurant she would file one year ago.

  • September 26, 2017

    Convenience Stores To Pay $1M To End Pregnancy Bias Suit

    The owner of more than 300 convenience stores across New Mexico and Texas will cough up nearly $1 million to put to bed pregnancy and disability discrimination claims filed by the U.S. Equal Employment Opportunity Commission, according to a settlement reached Monday.

  • September 26, 2017

    5th Circ. Won't Review Tax Credit Co.'s Deepwater Claim

    A Fifth Circuit panel has affirmed a lower court's refusal to review a claim submitted by a tax credit finance company under the Deepwater Horizon settlement, saying the case presented no misapplication of the settlement.

  • September 26, 2017

    Texas Powerhouse: Haynes And Boone

    A half-billion dollar trial win against a Facebook subsidiary and crucial appellate victories for energy titans Exxon Mobil and BP highlight the formidable litigation strength of Haynes and Boone LLP over the past year.

  • September 26, 2017

    Texas Criminal Court Stays Paxton Prosecutor Pay Ruling

    The Court of Criminal Appeals, the highest criminal court in Texas, granted a request on Monday from the special prosecutors in Texas Attorney General Ken Paxton's securities fraud case to put a hold on an order from the state's Fifth Court of Appeals that would block them from being paid.

  • September 26, 2017

    5th Circ. Backs NLRB In Trash Co. Bargaining Case

    A Fifth Circuit panel Monday backed a National Labor Relations Board finding that a Louisiana garbage-truck staffing provider violated federal labor law when becoming an entity's successor and setting its own employment terms and conditions instead of first bargaining with the incumbent union.

  • September 25, 2017

    Houston Doc Appeals To Texas Justices In Free Speech Row

    A Houston anesthesiologist who claims she was wrongfully terminated by Memorial Hermann Health System has asked the Texas Supreme Court to review a ruling that threw out the majority of her claims against the hospital under a state free speech law.

  • September 25, 2017

    5th Circ. Allows Part Of TX Sanctuary Ban To Take Effect

    A Fifth Circuit panel allowed limited parts of Texas’ anti-sanctuary city law, known as S.B. 4, to go into effect Monday, greenlighting a federal immigrant detainer program that enlists the assistance of local law enforcement.

  • September 25, 2017

    Texas Justices Needn't Mull E-Booking Tax Row, 5th Circ. Told

    Online travel companies and Texas cities in a protracted battle over local tax liability objected Friday to the Fifth Circuit's proposal that Texas' high court weigh in on whether the companies effectively "control" the hotels they arrange bookings for and whether the websites' markups can be taxed.

  • September 25, 2017

    16 States Won't Intervene In FCA Suit Against Compounder

    Sixteen states declined Monday to intervene in a whistleblower False Claims Act suit accusing a Florida compounding pharmacy of charging Tricare, Medicare and Medicaid excessively high rates for certain compounded drugs, after the federal government previously intervened in the suit.

  • September 25, 2017

    Texas State Bar Sues Ex-Prosecutor Over False Testimony

    The State Bar of Texas on Monday filed a disciplinary action against a former prosecutor in a capital murder trial who allegedly failed to correct three witnesses who lied under oath when they denied giving their testimony in exchange for recommended reduced criminal punishments.

  • September 25, 2017

    Twin City Tells 5th Circ. Excess Director Pay Not Covered

    Twin City Fire Insurance Co. hit back Friday against Oceaneering International Co.’s bid to overturn a district court ruling that freed the insurer from covering a settlement over excessive directors' fees, telling the Fifth Circuit it’s "black-letter law" that disgorgement payments aren’t insurable.

  • September 25, 2017

    Texas Powerhouse: Baker Botts

    Helping Halliburton exit a hard-fought securities class action with a $100 million settlement, just 2 percent of what disgruntled investors wanted, and guiding MEGlobal on the $4 billion development of a petrochemical plant ranked among the standout actions during a busy year for long-established Texas firm Baker Botts LLP.

  • September 25, 2017

    Kimberly-Clark FCA Suit Tossed For Overlapping Other Case

    A Texas federal judge on Friday tossed a whistleblower suit alleging Kimberly-Clark Corp. and medical technology company Halyard Healthcare Inc. submitted false claims to the government for faulty surgical gowns, saying the allegations mirror those brought in a separate case that is pending.

Expert Analysis

  • Series

    Notes From A Law Firm Chief Privacy Officer: Insider Risks


    As law firms hold sensitive information not only related to the firm but to the firm’s clients, an insider threat — whether it's a "bad actor employee" or inadvertent activity — poses a particular concern. There are steps that privacy officers can initiate to help minimize these threats, says Patricia Wagner, chief privacy officer for Epstein Becker Green.

  • Series

    Notes From A Law Firm Chief Privacy Officer: Balancing Act

    Kristin Jones

    As the role of law firm chief privacy officer becomes more prevalent and expansive, many CPOs are finding themselves in the midst of a delicate balancing act — weighing compliance with government regulations and client requirements on one side with the needs of firm business on the other, says Kristin Jones, chief privacy officer for Stradley Ronon Stevens & Young LLP.

  • Employer Takeaways From EEOC's $10.5M Deal With Bass Pro

    Gerald  Maatman Jr.

    For employers who are constantly at risk of being the subject of the U.S. Equal Employment Opportunity Commission’s next major investigation or systemic pattern or practice of discrimination class action, a closer reading of the terms in its recent settlement with Bass Pro gives valuable insight, say attorneys with Seyfarth Shaw.

  • Series

    Notes From A Law Firm Chief Privacy Officer: CPO Vs. CISO

    Mark McCreary

    To understand the role of the law firm chief privacy officer — and why that person ought to be a lawyer — it’s important to distinguish the role they fill from that of the chief information security officer, says Mark McCreary, chief privacy officer for Fox Rothschild LLP.

  • 5 Questions To Ask Before Entering Joint-Representation AFA

    Natalie Hanlon Leh

    One growing trend is for clients to enter into alternative fee arrangements in which one law firm represents multiple parties who “share” fees and costs in a related matter. This way parties can more efficiently manage a matter and reduce their individual legal fees. But joint representation is not without its own risks and challenges, say attorneys with WilmerHale.

  • Legal Incubators Can Help New Lawyers And Society

    Martin Pritikin

    Legal incubators serve as an important bridge to practice and a crucial step toward aligning the incentives of new lawyers with the needs of their clients. They may even pose a threat to the traditional law school model itself, and that's not necessarily a bad thing, says Martin Pritikin, dean of Concord Law School at Kaplan University.

  • Patent Venue: How We Got To TC Heartland, And What's Next

    Patrick Coyne

    The growth of the Eastern District of Texas as a venue for patent cases, which led to the U.S. Supreme Court's recent decision in TC Heartland, did not occur overnight. It was the result of seven factors that coalesced over decades, says Patrick Coyne of Finnegan Henderson Farabow Garrett & Dunner LLP.

  • Even An Unsigned Email Can Be A Legally Binding Contract

    Jonathan Jaffe

    A Texas appeals court recently held that an email exchange constituted a signed legally enforceable contract. The ruling is a reminder that parties negotiating contracts in email should generally avoid making unconditional statements, and classic contractual terms such as “offer,” “acceptance” and “agreement” should be used with care, say attorneys with Mayer Brown LLP.

  • Mineral Liens Can Be Contractually Waived In Texas

    Brian Mitchell

    The U.S. Bankruptcy Court for the Northern District of Texas recently held that an advance contractual waiver of mineral liens contained in a master service agreement between an oil and gas operator and multiple oilfield service companies was enforceable. The case is likely to influence future drafting and negotiation of master services agreements, say Brian Mitchell and Clark Donat of Bracewell LLP.

  • Heller Sequels And 2nd Amendment, Still Undecided: Part 2

    Robert W. Ludwig

    In the second installment of this three-part series, attorney Robert W. Ludwig continues his deep dive into the controversial history of Second Amendment jurisprudence.