• February 27, 2018

    ND, Texas Ask To Move Forward With Methane Rule Challenge

    North Dakota and Texas sought Monday to unpause a Wyoming federal court challenge to an Obama-era rule limiting methane venting and flaring from natural gas wells on public and tribal lands, after another court put the previously delayed rule into effect.

  • February 27, 2018

    5th Circ. Upholds Cellphone Evidence In Drug Smuggling Case

    A Fifth Circuit panel on Monday upheld a 17½-year prison sentence handed down to a member of a Mexican drug cartel for smuggling thousands of pounds of marijuana into the United States, saying that even if federal law enforcement introduced cellphone evidence that it had pledged not to, the admission was harmless. 

  • February 26, 2018

    20 AGs Sue To Toss What’s Left Of Obamacare

    A 20-state coalition filed suit in Texas federal court Monday seeking to put a final end to the Affordable Care Act, saying since the Trump administration eliminated the individual mandate penalty, the law’s remainder “must fall,” including requirements for minimum benefits and state insurance exchanges.

  • February 26, 2018

    Seadrill Gains Restructuring Plan Support With Creditor Deal

    Seadrill Ltd. announced Monday it has reached a global settlement with a majority of creditors to advance an amended Chapter 11 restructuring plan that would inject the struggling offshore oil and gas driller with more than $1 billion in new capital.

  • February 26, 2018

    EFH Ch. 11 Sale Plan Confirmed By Del. Court

    Energy Future Holdings Inc. had the latest iteration of its Chapter 11 plan confirmed Monday in Delaware bankruptcy court when a judge overruled objections relating to a $275 million claim reserve fund and asbestos injury claims.

  • February 26, 2018

    Texas Court Kicks Atty's Race Bias Claims To Arbitration

    An attorney who filed a racial discrimination lawsuit against his former employer, Indian tech giant Infosys Ltd., will have to arbitrate his claims, a federal judge in Texas ruled on Monday, holding that the process was mandated by a clause in his employment contract.

  • February 26, 2018

    Tank Vessel Co. To Pay $2M For False Records, Oil Disposal

    A tank vessel operating company must pay $2.25 million in fines after being convicted of falsifying records relating to the discharge of oil waste and garbage into the ocean, the U.S. Department of Justice said Monday.

  • February 26, 2018

    5th Circ. Affirms Nix Of Suit Over UBS’ Enron Knowledge

    The Fifth Circuit on Monday affirmed a federal judge’s dismissal of a putative class action accusing UBS brokers of hiding Enron’s fraudulent behavior from retail investors, saying that in the 15 years since the suit was filed, the investors have yet to properly state a securities violation.

  • February 26, 2018

    Texas Justices OK LLC Officer's Enviro Violations Fine

    The Texas Supreme Court on Friday sided with the state of Texas in a dispute with the officer of a limited liability company who argued a trial court wrongly slapped him with nearly $370,000 in fines for environmental violations after finding him personally liable for the actions.

  • February 26, 2018

    5th Circ. Pressed To Undo Louisiana Oil Pipeline Block

    Developers of a crude oil pipeline connected to the controversial Dakota Access pipeline on Monday appealed to the Fifth Circuit a Louisiana federal judge's decision to block its construction while she considers challenges to the project and urged the lower court to put its ruling on hold during an appeal.

  • February 26, 2018

    Strip Club Can Arbitrate Dancer's Claims, Texas Court Says

    A Dallas dancer who alleges the strip club that employed her negligently overserved her alcohol and contributed to her single-car crash after leaving work must take her claims to arbitration, a Texas appellate court held Friday in reversing a trial court decision against Buck’s Cabaret.

  • February 26, 2018

    Texas Justices Nix Health Co.'s 'Death Penalty Sanctions'

    The Texas Supreme Court on Friday overturned “death penalty sanctions” levied against a health care company that violated a restraining order in a contract dispute, ruling that the violation was egregious but should not have cost the company the case.

  • February 23, 2018

    No Quick Answer On Transition Tax, Treasury Official Says

    Taxpayers shouldn’t hold their breath waiting for guidance on how foreign income tax factors into the calculation of the overseas earnings they bring back to the U.S. under the recently enacted tax overhaul, a U.S. Department of Treasury official said Friday at a conference in Houston.

  • February 23, 2018

    Texas Justices Revive Law Firm's Fight For Fees

    The Texas Supreme Court sided with Alexander Dubose Jefferson & Townsend LLP on Friday and reversed lower court rulings that the law firm had missed the deadline to pursue a portion of sanctions and fees awarded in a lengthy underlying suit over a real estate transaction.

  • February 23, 2018

    Foreign-Derived Income Rate Might Not Go Up, Brady Says

    The new U.S. tax law’s reduced rate for the foreign use of domestically held intangible assets such as intellectual property might not increase when it’s currently scheduled to do so, U.S. Rep. Kevin Brady, R-Texas, said Friday at a conference in Houston.

  • February 23, 2018

    EEOC Sues Construction Co. Over Disabled Worker Firings

    A Texas-based construction company violated federal disability law when it fired workers at a Chevron refinery after finding out about their past surgeries and other ailments, the U.S. Equal Employment Opportunity Commission has alleged in Mississippi federal court.

  • February 23, 2018

    Judge Won't Disturb Jury Verdict On Health Supplement IP

    A Texas federal judge on Thursday denied a bid for a new trial after a jury in January held that a medical company did not infringe the asserted claims of a health supplement patent, holding that the patent’s owner failed to introduce sufficient evidence to disturb the verdict.

  • February 23, 2018

    Texas Justices Say Payday Lender Can Arbitrate Claims

    The Texas Supreme Court affirmed on Friday a ruling that found borrowers must arbitrate class claims alleging Cash Biz LP wrongfully used the criminal justice system to collect unpaid loans, finding the payday lender hadn’t waived arbitration by “substantially invoking the judicial process” in filing criminal complaints.

  • February 23, 2018

    Exxon Pushes Back Against NY AG's Free Speech Arguments

    Exxon on Thursday asked a New York federal judge to reject the state attorney general’s contention that the Second Circuit’s recent decision that the First Amendment does not shield social welfare organizations from disclosing their donors also undermines the company’s free speech claims against state climate change probes.

  • February 23, 2018

    Texas Justices Pass On Hospital's Expert Report Row

    The Texas Supreme Court on Friday denied a request from Methodist Richardson Medical Center to intervene in a wrongful death lawsuit brought by the widow of a former patient, leaving in place a lower court's ruling granting the widow an extension to fix deficiencies in an expert report submitted in support of her claims.

Expert Analysis

  • How 2 Devices And 1 Domain Changed My Practice In 2017

    Paul Kiesel

    The question I ask about new technology is how can it improve the quality of my practice — and my life? This year, the iPhone X, the Apple Watch Series 3 and a .LAW domain have proven to be great investments, for professional and personal reasons, says attorney Paul Kiesel of Kiesel Law LLP.

  • Alternative Fees: My Experience At Bartlit Beck

    J.B. Heaton

    Bartlit Beck was a wonderful place to work for 18 years, and the lawyers there are not only excellent attorneys but also great people. That said, I can look analytically at the Bartlit Beck fee model and make some observations on its pros and cons, says J.B. Heaton, founder of investment analytics company Conjecture LLC.

  • Opinion

    Jurors Should Have An Active Role In Trials

    Judge Amos Mazzant III

    We tell jurors how important they are to the successful implementation of our judicial system, but oftentimes we don’t treat them with the reverence they deserve. U.S. District Judge Amos Mazzant III of the Eastern District of Texas, Lisa Blue of Baron and Blue, and Robert Hirschhorn of Cathy E. Bennett & Associates advocate three improvements to give jurors an active role in our civil and criminal jury trials.

  • Why Information Governance Is More Important Than Ever

    Linda Sharp

    It used to be that hiring a good law firm was the single most important thing a company could do when facing litigation. You could now make the case that an organization’s most powerful asset in prosecuting or defending a claim is its information, says Linda Sharp, associate general counsel of ZL Technologies and chair of the ACC Information Governance Committee.

  • Biometrics In The Workplace: Best Practices For Compliance

    Thomas Mandler

    Biometric technology may provide higher security and greater efficiencies for employers, but with new technology comes new risks and a patchwork of new legal frameworks to be followed, say attorneys with Akerman LLP.

  • Opinion

    BigLaw Is Behind The Automation Curve

    Michael Moradzadeh

    In its new report on the effects of automation in the workplace, McKinsey Global Institute identifies lawyers as less susceptible to the sort of automation that could put one-third of American workers out of a career by 2030. This may seem reassuring, but it doesn't mean automation won't disrupt our bottom line, says Michael Moradzadeh of Rimon PC.

  • How District Courts Split Over 'Infringing Acts'

    Mike Abernathy

    Following the U.S. Supreme Court’s May 2017 TC Heartland decision, an open question was how to interpret the patent venue’s statutory language regarding “has committed acts of infringement” in the Hatch-Waxman Act context. Two courts have thus far addressed this issue, but each has interpreted the statutory language differently, say attorneys with Morgan Lewis & Bockius LLP.

  • A Look Inside Texas' New Home Equity Loan Law

    Jeff Dunn

    New amendments to the Texas constitutional provisions permitting loans secured by homestead equity should help expand loan opportunities, but the transition period requires compliance vigilance by lenders, says Jeff Dunn of Munsch Hardt Kopf & Harr PC.

  • Does The Path To The Right Venue Have To Be Narrow?

    Sue Robinson

    If you juxtapose the “narrow interpretation” language of the post-TC Heartland decisions with the actual contexts in which the Supreme Court uttered such dicta, it should not be a foregone conclusion that the court meant to eschew all contemporary insights when interpreting the patent venue statute, says Sue Robinson, an attorney at Farnan LLP and former Delaware federal judge.

  • Series

    Judging A Book: Cooke Reviews 'Constance Baker Motley'

    Judge Marcia Cooke

    Gary Ford's new book, "Constance Baker Motley: One Woman’s Fight for Civil Rights and Equal Justice Under Law," is more than a biography of the first African-American woman to become a federal judge. It presents in vivid detail how her work altered the legal landscape of the United States, says U.S. District Judge Marcia Cooke of the Southern District of Florida.