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  • September 28, 2018

    Underwriters Slam Quick Win Bid In $500M Chevron Rig Suit

    Insurance underwriters who claim to have paid $500 million to Chevron after a Gulf of Mexico oil rig broke urged a Texas federal judge Thursday to reject American Global Maritime Inc.’s quick win bid on claims seeking to hold the marine surveyor liable, saying the request is premature and meritless.

  • September 28, 2018

    Texas Justices To Hear DFW Airport's Bid To Ax Contract Row

    The Texas Supreme Court on Friday granted a request from the Dallas Fort Worth International Airport Board to hear its contract dispute with Vizant Technologies LLC over credit-card processing services, with the board arguing it's immune from the claims.

  • September 28, 2018

    ArcLight Eyes American Midstream Buyout

    A private equity backer of ArcLight Energy Partners Fund V wants to take Houston-based American Midstream Partners private in a deal that values the pipeline company at $323.1 million, Arclight announced Friday.

  • September 28, 2018

    Chancery Nixes Blue Bell Investor Suit Over Listeria Outbreak

    A Delaware vice chancellor on Thursday dismissed a derivative suit against Blue Bell Creameries USA Inc. that sought damages for alleged director and officer failures to protect ice cream products in connection with a deadly listeria outbreak in 2015.

  • September 28, 2018

    Petrobras Says $622M Drilling Award Must Be Nixed

    Petrobras has urged a Texas federal court to nix a more than $622 million arbitral award issued to Vantage Deepwater Co., saying the Texas driller's appointed arbitrator, Charles N. Brower, displayed open hostility to Petrobras and improperly refused to consider allegations that the underlying contract had been tainted by bribery.

  • September 27, 2018

    States Stake Claim To Privacy Role With Uber Breach Pact

    State attorneys general demonstrated their disdain for blatant failures to report data security incidents in hitting Uber with a record $148 million penalty for attempting to cover up a 2016 breach, solidifying their role as active and aggressive privacy enforcers at a time when efforts to codify a national framework threaten their powers, attorneys say. 

  • September 27, 2018

    Texas Man Still Barred From Selling 'Miracle' Supplement

    A Texas appellate court on Thursday left intact a lower court's ruling barring a man from selling a “miracle mineral solution” that the federal government has said is a sodium chlorite product that poses significant health risks.

  • September 27, 2018

    5th Circ. Says Guard Supervisor Immune From Worker Suit

    The Fifth Circuit has refused to revive a restaurant worker’s suit against her National Guard supervisor claiming retaliation for reporting a colleague's alleged criminal acts, ruling that the supervisor’s actions were part of his official duties and therefore immune from legal action.

  • September 27, 2018

    Austin Seeing A Texas-Sized Surge In Legal Jobs

    For law firms keen to expand, Austin is the place to be. The Lone Star State capital sticks out due to its high concentration of millennials, as well as its strong growth in both legal services and legal employment, according to a report from real estate firm CBRE released on Thursday.

  • September 27, 2018

    Tinder, Bumble Take Swipes At One Another In IP Fight

    Online dating rivals Tinder and Bumble continued to wage intellectual property war in Texas this week, with Tinder making accusations of a “publicity stunt” and Bumble calling into question the validity of several patents for swipe-based dating apps.

  • September 27, 2018

    Kemper's $141.7M Award OK'd In Software Contract Row

    A federal judge in Texas has approved a $141.7 million arbitration award in favor of insurance company Kemper Corporate Services Inc. in its dispute with Computer Sciences Corp. over a software licensing agreement.

  • September 26, 2018

    Church Org Can't Join CFPB Payday Rule Suit, Groups Say

    The payday lender trade groups suing the Consumer Financial Protection Bureau to block its so-called payday rule urged a Texas federal judge Wednesday to reject a bid by a Baptist church organization to join the case as a defendant, saying that the intervention effort is “premature, speculative and can only confuse matters.”

  • September 26, 2018

    J&J Fights $245M Faulty Hip Implant Judgment

    Johnson & Johnson and its orthopedics unit told a Texas federal judge on Wednesday that they are entitled to a judgment in their favor, despite a jury verdict over allegedly defective hip implants that led to a $245 million judgment, saying the patients didn't prove parts of their claims.

  • September 26, 2018

    Fed. Circ. Orders EDTX To Transfer HP Patent Case To Calif.

    The Federal Circuit on Tuesday ruled a patent lawsuit against HP Inc. over its Chromebook laptops should be moved from the Eastern District of Texas, finding California was the more convenient forum.

  • September 26, 2018

    River Authority Urges Texas Justices To Ax Harvey Deposition

    The San Jacinto River Authority has asked the Texas Supreme Court to ax a ruling permitting two homeowners to depose one of its officials prior to filing a Hurricane Harvey-related lawsuit, arguing it is immune from suit as a governmental agency.

  • September 26, 2018

    Galveston Must Pay $14.7M For Ike Recovery Work, Jury Says

    A Texas jury has awarded construction company CDM Smith $14.7 million from the city of Galveston for work administering the city’s Hurricane Ike disaster recovery program, rejecting the city’s claims that it didn’t have to pay because CDM didn’t comply with their agreement.

  • September 26, 2018

    5 Unusual Patent Hearings You Should Know About

    District courts overseeing patent cases have found some creative ways to make the proceedings more efficient, whether it's by holding a patent “shootout” or by having more than one judge on the bench. Here’s a look at a few unusual hearings.

  • September 26, 2018

    Texas AG Staffer To Join Ashcroft Firm In Austin

    The special counsel for civil litigation at the Texas attorney general's office has announced he will be leaving that post at the end of October to join the Austin office of a firm founded by former U.S. Attorney General John Ashcroft.

  • September 26, 2018

    Texas Hotel Can’t Shake TM Suit From Chicago Rival

    An Illinois federal judge refused on Tuesday to toss a trademark lawsuit Chicago’s storied Whitehall Hotel filed against a similarly named Houston competitor, rejecting the Texas hotel’s argument that the court didn’t have jurisdiction to hear the case.

  • September 26, 2018

    16 States Back DOJ Challenge To Calif. Sanctuary Laws

    Representatives for 16 states and several law enforcement organizations have backed the federal government's challenge to a set of so-called sanctuary laws in California, urging the Ninth Circuit in friend-of-the-court briefs to strike down the state statutes for allegedly impeding federal immigration enforcement efforts.

Expert Analysis

  • A Big Verdict Highlights Hazardous Trucking Practices

    John Jose

    The $90 million verdict handed down against Werner Enterprises by a Texas court in May highlights the dangers that can arise when trucking companies pair an experienced driver with a student, then allow the veteran driver to rest while the student behind the wheel faces dangerous driving conditions. Until this practice is changed, we can anticipate more lawsuits like Werner, says John Jose of Slack Davis Sanger LLP.

  • What Kavanaugh's Writing Tells Us About His Personality

    Matthew Hall

    People with certain personality traits tend to use certain words. A computer analysis of Judge Brett Kavanaugh’s D.C. Circuit opinions reveals that he is highly extraverted, which means that he would be a prominent voice on the U.S. Supreme Court, says Matthew Hall, a professor at the University of Notre Dame.

  • How Courts Are Analyzing Copyright Protection For Software

    Mark Moore

    Two recent copyright decisions reflect a challenge for companies seeking to protect their software — courts' highly nuanced examinations of the functionality and structure of the software at issue in determining whether copyright protection is warranted, says ​​​​​​​Mark Moore of Reavis Page Jump LLP.

  • Opinion

    3 Pros, 3 Cons Of Litigation Finance

    Ralph Sutton

    An educated guess puts the number of new litigation funders launched in the past 18 months at 30 — an astonishing number, with more to come. Is this a blessing to our legal system or something more akin to tulip mania? Maybe both, says Ralph Sutton, founder and CEO of litigation funding firm Validity Finance LLC.

  • Modern Communication Brings E-Discovery Challenges

    Thomas Bonk

    As new communications platforms displace email, the legal industry is awkwardly grappling with complex e-discovery questions. Fortunately, this environment provides a very fertile ground of incentives for innovation in both e-discovery technology and service offerings, says Thomas Bonk of Epiq.

  • Opinion

    It's Not All About The Benjamins, Baby (Lawyer)

    J.B. Heaton

    Notwithstanding the latest salary war among prominent law firms, I urge my middle-aged and older colleagues to help the recent graduates we know focus on the long term. Even if the salary is the same, there is a big difference between an institutional firm and the relatively younger firms matching BigLaw, says J.B. Heaton, a University of Chicago business law fellow and former partner at Bartlit Beck.

  • Asbestos Transparency Laws Can Stop Double Recovery

    Scott Hunsaker

    Some asbestos plaintiffs have obtained full recovery from viable defendants and simultaneously, or later, recovered more money for the same injury from asbestos bankruptcy trusts established by those same entities. Recognizing this problem, more and more states are turning to asbestos transparency laws as a solution, say Scott Hunsaker and Karl Borgsmiller of Tucker Ellis LLP.

  • Series

    Judging A Book: Hood Reviews 'Lawyering From The Inside Out'

    Judge Denise Hood

    Law professor Nathalie Martin's new book, "Lawyering From the Inside Out: Learning Professional Development Through Mindfulness and Emotional Intelligence," can be of value to any lawyer aiming to achieve greater productivity, relieve the stress of the legal profession and focus on goals, says U.S. District Chief Judge Denise Page Hood of the Eastern District of Michigan.

  • Texas Hail Bill Is Already Affecting Insurance Litigation

    Christopher Avery

    Because Chapter 542A of the Texas Insurance Code, commonly known as the Hail Bill, does not apply retroactively, only a handful of cases have interpreted it. However, these decisions show that so far, the Hail Bill is requiring proper notice to claimants exactly as the Texas Legislature intended, says Christopher Avery of Thompson Coe Cousins & Irons LLP.

  • 3 Top E-Discovery Case Law Lessons Of 2018 (So Far)

    Casey Sullivan

    The blockbuster e-discovery cases, with big sanctions and bigger controversies, have been few and far between this year. But that doesn’t mean the legal questions around e-discovery have been answered. Let’s take a closer look at three cases worthy of our attention, says Casey Sullivan, an attorney at discovery technology provider Logikcull.