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Texas

  • December 19, 2018

    Biggest Texas Cases Of 2018

    Texas courts stayed busy in 2018, issuing rulings that sent two legislators to prison, paved the way for big-box retailers to begin selling liquor in the state, sided with Attorney General Ken Paxton in fights over plastic bag bans and sick leave ordinances and lowered the pay of special prosecutors behind a felony securities fraud case against Paxton.

  • December 18, 2018

    McKinsey, Jay Alix Tiff May End Careers, Ch. 11 Judge Warns

    The judge presiding over the Chapter 11 case for Westmoreland Coal Co. issued a stern warning Tuesday that restructuring professional Jay Alix's allegations of fraud and insufficient disclosures leveled at McKinsey & Co. could lead to "huge ramifications," potentially ending careers.

  • December 18, 2018

    Jackson Walker Can't Ax Wealth Management Suit: Ex-NFLer

    Attorneys for a former NFL offensive lineman told a state district court judge in Houston Tuesday afternoon that Jackson Walker LLP cannot get out of his lawsuit alleging the law firm played a role in the disastrous mismanagement of his assets by arguing the claim is time-barred when it helped keep the misdeeds from him.

  • December 18, 2018

    DOJ Aims Torpedo At 11 FCA Kickback Suits

    In a striking development, the U.S. Department of Justice is seeking to terminate 11 False Claims Act cases involving a new theory that patient assistance services supplied by drugmakers are unlawful kickbacks.

  • December 18, 2018

    7th Circ. Nixes AIG's Win In Med Mal Deal Coverage Row

    The Seventh Circuit on Tuesday revived a dispute over whether AIG Specialty Casualty Insurance Co. should cover an Indiana medical insurer's post-verdict medical malpractice settlement, saying questions remain as to whether the insurer's initial refusal to settle was a wrongful act excluded from the policy.

  • December 18, 2018

    Texas County Wants Eagle Ford Road Damage Suit Revived

    Dimmit County has asked the Texas Supreme Court to overturn a lower appellate court's October ruling that allowed 21 oil and gas companies operating in the Eagle Ford Shale out of the county's lawsuit trying to hold the companies responsible for major road damage in the rural community.

  • December 18, 2018

    Kinder Morgan Unit Faces $5M Suit Over Chemical Spill

    Fallout from a chemical spill near a Kinder Morgan unit-owned pipeline landed in Texas state court Monday as two landowners brought a proposed class action claiming the company negligently released the toxic chemicals causing more than $5 million in environmental damage over 3,000 to 5,000 acres of land.

  • December 18, 2018

    Highland Capital Says Mutual Fund Suit Meritless

    Highland Capital Management Fund Advisors LLP asked a Texas federal court Monday to toss a proposed shareholder class action, saying a committee of trustees had conducted an investigation into claims that an energy-based mutual fund was improperly propped up and found no wrongdoing.

  • December 18, 2018

    HTC Can't Duck Ericsson Counterclaims In IP Antitrust Row

    A Texas federal judge refused Monday to toss Ericsson's counterclaims against HTC, holding that they're more than a "mirror image" of HTC's claims alleging Ericsson is trying to overcharge on royalties to license standard-essential cellular and wireless network patents.

  • December 18, 2018

    Alice Can't Help Bumble Dump Tinder's Swiping Patents

    A Texas federal judge on Tuesday refused to toss an intellectual property dispute between dating app rivals Bumble and Tinder, holding that Bumble Trading Inc. had failed to show at this stage that the swiping patents owned by Tinder’s patent company Match Group LLC are invalid.

  • December 18, 2018

    Rent-A-Center Abandons $1.4B Takeover By Vintage Capital

    Rent-A-Center Inc. on Tuesday walked away from its planned $1.365 billion takeover by Vintage Capital Management LLC, after the investment firm's offer for the rent-to-own business failed to secure approval from antitrust regulators by a key deadline.

  • December 18, 2018

    The Moments That Mattered Most For Legal Ethics In 2018

    Anyone who thinks that legal ethics is a sleepy area of the law didn't live through 2018. The year saw major decisions about conflict waivers and defunct firm clawbacks, among other meaty topics, and enough head-shaking news springing from the special counsel probe into the presidential election to make one dizzy. Here, Law360 highlights some of the biggest ethics and professional conduct stories of 2018.

  • December 18, 2018

    The Year #MeToo Rocked In-House Law Departments

    General counsel from various industries were forced into the spotlight and held publicly accountable this year — either because they allegedly behaved inappropriately or were accused of handling internal situations poorly — as the #MeToo movement swept through corporate America and its in-house law departments.

  • December 17, 2018

    Astros, Rockets Urge Start Of Comcast Deal Valuation

    The Houston Astros and Houston Rockets on Monday urged a Texas bankruptcy court to move forward with proceedings to determine the value of a 2010 contract with Comcast to televise games, the latest development in a prolonged dispute over a now-defunct regional sports network.

  • December 17, 2018

    The ACA's Been Ruled Invalid. What's Next?

    A Texas federal judge’s declaration that the entire Affordable Care Act is invalid left attorneys questioning why the judge didn’t actually halt the ACA’s operation and where the litigation is headed next.

  • December 17, 2018

    DOJ Faults McKinsey Disclosures In Westmoreland Ch. 11

    The U.S. Trustee’s Office has asked a Texas bankruptcy court to turn down Westmoreland Coal Co.’s request to hire McKinsey Recovery and Transformation Services as a Chapter 11 adviser, saying the consulting firm’s disclosures are insufficient.

  • December 17, 2018

    SEC Fines Santander Unit $1.5M Over Auto Loan Accounting

    The U.S. Securities and Exchange Commission said Monday that a vehicle finance arm of Spanish banking giant Santander will pay a $1.5 million fine to settle agency claims over alleged errors in its accounting for subprime auto loan losses.

  • December 17, 2018

    Judge Censured For Allegedly Groping Fellow Judge, 2 Others

    A state district court judge in Texas who was accused by three women, including a fellow judge, of groping them at a party received two public reprimands from the State Commission on Judicial Conduct — the stiffest punishment the organization can hand out short of initiating removal proceedings.

  • December 17, 2018

    Ex-Pres Of Energy Co. Gets 3.5 Years For $2.3M Lease Scam

    A Texas federal judge on Monday denied a bid from the former president of an oil and gas company to withdraw his guilty plea to fraud charges, rejected his argument that no investors were actually defrauded in a lease scam and sentenced him to 42 months in prison.

  • December 17, 2018

    AT&T Retailer Says Firm Owes $1M After Exiting Labor Suit

    The nation’s largest AT&T wireless retailer has told a Texas state court it is seeking more than $1 million from Ragsdale Liggett PLLC because the firm didn’t keep its word to provide free representation for the remainder of a suit over unpaid overtime and bonuses after missing a filing deadline.

Expert Analysis

  • Protecting Law Firm Talent At Both Ends

    Susan Blakely

    By 2030, it is possible that 75 percent of lawyers practicing in the U.S. will be millennials. A broadened focus on retention and advancement of all young lawyers is therefore a logical step forward but it fails to address another major retention issue that law firms should explore, says Susan Smith Blakely of LegalPerspectives LLC.

  • Q&A

    Wendy Olson Talks Twin Falls, Tribes, Private Practice

    Wendy Olson

    Former U.S. Attorney for the District of Idaho Wendy Olson discusses her decades of experience prosecuting white collar crimes and civil rights violations, her work and challenges as U.S. attorney, and her move to private practice.

  • Prospects For Tax Policy In A Divided Post-Election Congress

    Evan Migdail

    The outcome of next week's election remains uncertain, but it is possible to predict some of the policy changes and legislative initiatives likely to arise during lame duck and 116th congressional sessions if Democrats regain a majority in the House of Representatives, say Evan Migdail and Melissa Gierach at DLA Piper LLP.

  • Series

    Judging A Book: Brown Reviews 'Dangerous Leaders'

    Judge Nannette Jolivette Brown

    Anthony Thompson’s "Dangerous Leaders: How and Why Lawyers Must Be Taught to Lead" explores the conflict many lawyers face when charged with the responsibility of leadership. The book is an excellent read for all lawyers, says U.S. District Chief Judge Nannette Jolivette Brown of the Eastern District of Louisiana.

  • Potential Shift On OSHA Multi-Employer Policy At 5th Circ.

    Jon Paul Hoelscher

    With its upcoming decision in Acosta v. Hensel Phelps Construction, the Fifth Circuit could overrule a 37-year-old decision that made the Occupational Safety and Health Administration’s multi-employer policy unenforceable, imposing far-reaching impacts on risk allocation and safety programs, says Jon Paul Hoelscher of Bradley Arant Boult Cumming LLP.

  • Breaking The Rules: 3 Ways To 'Lead' A Direct Examination

    Matthew Menchel

    Trial lawyers are frequently taught that they should appear invisible during direct examination — that their job is merely to prompt the witness to start speaking. But the most powerful direct examinations are the ones in which the examiner, not the witness, is controlling the pace, say attorneys with Kobre & Kim LLP.

  • From Medicine To Sexbots, AI Raises Liability Questions

    Ileana Blanco

    Artificial intelligence is already in use for applications like calculating drug dosages for cancer patients. But future uses of AI could range much further, perhaps even as depicted in TV shows like "Westworld." We are only beginning to grapple with how the law will treat liability issues raised by such technological advances, says Ileana Blanco of DLA Piper LLP.

  • Emerging Trends In State And Local Equal Pay Efforts

    Brian Murphy

    In the face of relative inaction by the federal government, state and local governments are increasingly combating the gender pay gap with various legislative efforts. Employers must be cognizant not only of laws existing in their jurisdictions, but also of those in others, say Brian Murphy and Jonathan Stoler of Sheppard Mullin Richter & Hampton LLP.

  • Need Litigation Finance? Don't Skip These 5 Steps

    Molly Pease

    The process of applying for litigation financing isn’t difficult, but few do it right the first time. Following five steps in your application process will help make sure litigation funders are convinced of the value of your company's legal claims, says Molly Pease of Curiam Capital LLC.

  • EPA's New Approach To Interstate Air Pollution Under CAA

    Norman Fichthorn

    Over the last two decades, the U.S. Environmental Protection Agency’s efforts to address interstate air pollution under the Clean Air Act have yielded a series of complex federal regulatory programs. However, it's now signaling a method that involves greater deference to states’ analyses and determinations, says Norman Fichthorn of Hunton Andrews Kurth LLP.