• March 8, 2017

    Sterne Kessler Says Attys In DQ Bid No Risk To Leak Secrets

    Sterne Kessler Goldstein & Fox PLLC urged a Texas federal judge on Tuesday to reject a bid by Securus Technologies Inc. to disqualify it from representing rival Global Tel Link Corp. in patent litigation over prison phone systems, saying the attorneys working on the case pose no risk of trade secret exposure.

  • March 8, 2017

    5th Circ. Says Barge Crane Use Falls Under Maritime Law

    The use of a barge-mounted crane is sufficient to shift an injury incurred unblocking a offshore gas well from state to maritime jurisdiction, the Fifth Circuit has ruled in a dispute over which law applies when deciding indemnity for an accident.

  • March 8, 2017

    Texas Baseball Camp Sues Over 'Baseball Ranch' Trademark

    A baseball training camp filed a trademark infringement suit in Texas federal court on Tuesday accusing a facility in Arizona of using its “Baseball Ranch” mark and leading consumers to believe they’re affiliated when they’re not.

  • March 7, 2017

    Peter Thiel Tells Energy Execs Globalization On Its Way Out

    Billionaire and ally of President Donald Trump, Peter Thiel, told a crowd gathered at an energy conference in Houston Tuesday evening that he believes the tide is turning against globalization, and speculated that U.S. energy production and independence could be fueling the change.

  • March 7, 2017

    5th Circ. Revives Ex-TV Worker's Discrimination Suit

    The Fifth Circuit revived a former video editor’s Americans with Disabilities Act and Family Medical Leave Act allegations against KHOU-TV, a Houston-based television station, and its parent company, Gannett Co. Inc., finding Monday that whether their reasons for firing him were pretextual should be given further consideration.

  • March 7, 2017

    Highland Seeks Revival Of Credit Suisse Deceptive Loan Fight

    Affiliates of Highland Capital Management on Tuesday told a Texas state appeals court they should be able to move forward with a suit stemming from claims a Credit Suisse unit deceptively marketed loans for resorts and high-end residential communities.

  • March 7, 2017

    SEC Partly Settles With Texan In Fake Investment Pitch Case

    A Texas federal judge confirmed a deal between the U.S. Securities and Exchange Commission and a man it accuses of a $13 million investment fraud that bars the defendant and two of his companies from violating federal securities laws, judgments entered on Tuesday show.

  • March 7, 2017

    Winston & Strawn Grabs 3 Partners From Fish & Richardson

    Three former Fish & Richardson PC partners whose experience includes representing a whistleblower in an eight-year case against a Johnson & Johnson unit and a trademark dispute between a rap producer and fashion brand Burberry have joined Winston & Strawn LLP in Dallas, Texas, the firm said.

  • March 7, 2017

    OPEC, Others Urge Investments To Ward Off Supply Lapses

    Leaders of intergovernmental organizations including OPEC told those gathered at an energy conference in Houston on Tuesday that oil and gas investments are needed now more than ever, both to make up for a lack of investment during the downturn and to ensure there isn't a supply gap on the horizon.

  • March 7, 2017

    Texas Court Upholds Immigration Atty's 2-Year Suspension

    A Texas appellate court on Monday upheld a two-year suspension for a former immigration attorney accused of misleading clients about her ability to practice before U.S. immigration courts, rejecting her argument the sanction was excessive.

  • March 7, 2017

    Bracewell Adds Corporate Energy, Gov't Contracts Partners

    Bracewell LLP on Monday announced the separate hirings of new partners for its government practice and its corporate and securities practice, who respectively bring to the firm renewed government contract expertise and expertise in energy company capital markets.

  • March 7, 2017

    Attys Denied Quick Win In $8M BP Spill Client-Finder Suit

    A Mississippi federal judge refused Monday to cut two attorneys from an $8 million contract suit brought by a public relations team alleging it was stiffed on payment for drumming up clients after the Deepwater Horizon disaster, saying there was enough evidence the pair partnered with another lawyer in the arrangement.

  • March 7, 2017

    High Court Urged To Limit SEC Disgorgement

    A number of industry and conservative groups, as well as investor Mark Cuban, have told the U.S. Supreme Court that allowing the U.S. Securities and Exchange Commission to collect disgorgement past five years would bring uncertainty to the financial markets.

  • March 7, 2017

    PE-Backed Fracker Leads 2 IPO Launches Totaling $650M

    ProPetro Holding, a private-equity provider of fracking services for oil and gas companies, on Tuesday launched an estimated $350 million initial public offering, one of two companies to set terms on IPOs totaling $650 million as dealmaking resumes after a brief pause.

  • March 6, 2017

    After Shale, Data Could Be Next Big Energy Innovation

    Those in the oil and gas industry looking for the next big technological advancement following the shale boom may need to look no further than data, an under-utilized tool that could make the industry more productive and efficient in the future, according to leaders in the field.

  • March 6, 2017

    Texas AG's Win Over SEC Raises Doubts About Criminal Case​

    The toss of a civil securities fraud suit against Texas Attorney General Ken Paxton could signal trouble for prosecutors pursuing related criminal charges, who face a higher burden to prove that Paxton should have disclosed potential commissions to investors and may lack the evidence to clear that hurdle, experts say.

  • March 6, 2017

    Time To Confirm $147M Award From Ukraine Oil JV, Co. Says

    A U.S.-based Kuwait Energy subsidiary asked a Texas federal judge Friday to finally end a long-running dispute with a former Ukrainian oil field joint venture partner and confirm a $146.9 million arbitration award, arguing its former partner has run out of overseas challenges.

  • March 6, 2017

    Jive Can't Talk Way Into Attorneys' Fees In Patent Case

    Accused infringer Jive Communications Inc. was denied attorneys' fees Friday in a patent suit over online phone call technology, a ruling that came almost 18 months after a judge in the Eastern District of Texas found the patent was invalid for claiming only an abstract idea.

  • March 6, 2017

    Exxon Reveals $20B Gulf Coast Growth Plan At CERAWeek

    Exxon Mobil Corp. CEO Darren Woods revealed Monday that the company plans to invest $20 billion over the next decade to expand its U.S. manufacturing and export capacity, specifically at 11 Texas and Louisiana refining and chemical manufacturing project sites along the Gulf Coast. 

  • March 6, 2017

    Jones Day Adds Vinson & Elkins Energy Partner In Houston

    Jones Day has announced the addition of an energy industry veteran to its Houston offices, saying he has joined the firm’s energy practice as a partner after spending more than a decade at Vinson & Elkins LLP.

Expert Analysis

  • Vessel Owners' Duties To Longshoremen Only Go So Far

    Hansford Wogan

    In Abston v. Jungerhaus Maritime Services, the Fifth Circuit recently held for a vessel owner against a longshoreman injured on the job during heavy rainfall. As the court noted, a vessel owner must exercise reasonable care to prevent injuries in areas under "active control of the vessel," but the owner often relinquishes control to contractors for loading or unloading, says Hansford Wogan of Jones Walker LLP.

  • When 1 Progressive Loss Ends And Another Begins

    William C. Kolb

    In Temperature Service v. Acuity, the Northern District of Illinois recently addressed property insurance claims for damage progressing over the course of multiple policy periods. This decision reiterates that in certain jurisdictions it is possible for progressive loss from a common cause to "commence" more than once for coverage purposes, say William Kolb and Michael Silvestro of Skarzynski Black LLC.

  • How Litigation Funding Is Bringing Champerty Back To Life

    John H. Beisner

    While some courts have declined to apply the common-law doctrine of champerty to invalidate third-party litigation funding agreements, two recent rulings by appellate courts in New York and Pennsylvania have brought renewed attention to champerty principles, casting doubts on the legality of certain forms of third-party litigation funding, say John Beisner and Jordan Schwartz of Skadden Arps Slate Meagher & Flom LLP.

  • Clarifying EEOC’s Obligation For Presuit Conciliation

    Gerald Maatman Jr.

    In U.S. Equal Employment Opportunity Commission v. Bass Pro Outdoor World, a Texas federal court denied the EEOC’s motion for a ruling that would allow it to include discrimination claims in its lawsuit for individuals who had not yet applied to work for Bass Pro. The decision is a positive signal that at least some courts may be unwilling to allow the EEOC to add claimants with whom it never conciliated, say attorneys at Seyfarth Shaw LLP.

  • Attracting And Retaining The Millennial Lawyer

    Christopher Imperiale

    Instead of trying to change the new workforce to follow a law firm's existing processes and procedures, perhaps it's time for firms to start changing their processes and procedures to better accommodate the mentality of this next generation of lawyers, says Christopher Imperiale, a law firm adviser with Berdon LLP.

  • Trump's EPA: Be Careful What You Wish For

    Mitchell J. Klein

    Trying to prognosticate what President-elect Donald Trump will do is very difficult. But assuming he does seek to implement change at the U.S. Environmental Protection Agency, if it's perceived as backing off of environmental enforcement, private parties will step in and cases will likely be even more expensive, more problematic and more unreasonable than those brought by the EPA and the states, says Mitchell Klein of Snell & Wilmer LLP.

  • Update On Statutes Of Limitations In Texas Bad Faith Claims

    Summer L. Frederick

    Under Texas insurance law, provisions regarding accrual have been surprisingly ambiguous despite the Texas Supreme Court's instruction. For this reason, the Fifth Circuit's decision in De Jongh v. State Farm is important because it has provided critical clarity in determining how much time insureds have to file bad faith lawsuits, says Summer Frederick of Zelle LLP.

  • It’s Time To Change The Law Firm Business Model

    Lucia Chiocchio

    Every year, statistics reveal very little change in the number of women and minorities in the ranks of partnership. So how do law firms change this painfully slow rate of progress? It takes more than adding a diversity policy or a women’s leadership program to the current law firm business model, says Lucia Chiocchio, co-chair of Cuddy & Feder LLP's telecommunications and land use, zoning & development groups.

  • 2 Ways Courts Approach Willful Infringement After Halo

    Natalie Hanlon Leh

    Following the U.S. Supreme Court's decision in Halo last year, district courts have taken diverging approaches to the pleading requirements for willful infringement. Some courts set a relatively low bar, and others set a relatively high bar, say Natalie Hanlon Leh and Michael Silhasek of WilmerHale.

  • Key Trade Secret Developments Of 2016: Part 2

    Randy E. Kahnke

    Our first article in this two-part series focused on the most significant event in trade secret law in many years — the passage of the federal Defend Trade Secrets Act. Now we leave the DTSA and highlight five other trade-secret trends that promise to shape future developments, say attorneys with Faegre Baker Daniels LLP.