Texas

  • May 28, 2020

    5th Circ. Told Texas Prisoners Filed COVID-19 Suit Too Early

    Texas told the Fifth Circuit Thursday a bid by a proposed class of geriatric prisoners for better safety measures amid the COVID-19 pandemic is doomed because they ran to court without exhausting a mandatory grievance process.

  • May 28, 2020

    Chevron Awarded More Than $15.6M In Trademark Dispute

    Chevron has gotten a Texas jury's award of $1.1 million boosted to a final judgment of more than $15.6 million against a company that infringed its trademark to dupe other companies into doing business with it.

  • May 28, 2020

    Virtual Auction Leads To $53M Ch. 11 Sale For Southland

    Oil and gas driller Southland Royalty Co. LLC received bankruptcy court approval Thursday for a $53 million sale of its assets in the San Juan Basin of Colorado and New Mexico to stalking horse bidder Morningstar Operating LLC following a virtual auction.

  • May 28, 2020

    5th Circ. Upholds Accountant's Tax Fraud Conviction

    The Fifth Circuit upheld Thursday the conviction of an accountant who was sentenced to five years on 11 federal tax offenses, saying a trial court did no wrong when it accepted federal prosecutors' evidence against him.

  • May 28, 2020

    Energy Groups Fight 5th Circ. Revival Of Rig Worker's OT Suit

    Energy industry groups urged the Fifth Circuit on Thursday to revisit en banc a ruling that a former Helix Energy Solutions offshore oil rig employee wasn't exempt from overtime pay under the Fair Labor Standards Act, arguing the panel's decision violates a U.S. Supreme Court directive.

  • May 28, 2020

    5th Circ. Says Verizon, Sprint Due Answers In Access Fee Suit

    Sprint and Verizon can't collect damages from multidistrict litigation they launched over switched access charges, but there's nothing stopping a Texas federal court from sorting out their legal rights on the issue, the Fifth Circuit has ruled.

  • May 28, 2020

    Ex-UT Doctor Says He Was Fired Because Of His Age

    A former physician at the University of Texas Health Science Center at Houston hit the facility with an age bias lawsuit in state court Thursday, claiming he was fired to make room for younger doctors who could be paid less.

  • May 28, 2020

    O'Melveny-Repped Yeti Prices $198M Secondary Offering

    Represented by O'Melveny, heavy-duty cooler manufacturer Yeti said Thursday it was undertaking a secondary share offering raising around $198 million for certain of its shareholders.

  • May 28, 2020

    JC Penney Assures Sale And Reorg Plans Are On Track

    Retailer J.C. Penney Co. told a Texas bankruptcy judge Thursday it is both putting together a plan to split the company into two entities and testing the waters for a sale as it moves toward a mid-July deadline for choosing which path to take out of Chapter 11.

  • May 28, 2020

    Insurer Rejects Extra Coverage For Events Axed Due To Virus

    U.S. Specialty Insurance Co. is asking a Texas federal court to declare an advisory firm can't ask for additional coverage beyond its $150 million limit over events canceled in the wake of the COVID-19 pandemic, saying there's nothing in the policy entitling the firm to seek more money.

  • May 27, 2020

    Texas High Court Says No To Most Jury Trials Until Aug. 1

    The Texas Supreme Court on Wednesday told state courts most in-person jury trials shouldn't be taking place until Aug. 1 at the earliest, but opened the door for judges to conduct some approved experimental jury trials this summer.

  • May 27, 2020

    Pierce Bainbridge Founder Cops To New $4M Unpaid Debt

    Pierce Bainbridge's founder John Pierce has admitted he owes a New York City-based lender nearly $4 million for a loan he defaulted on, heading off what would have been the fourth lawsuit over unpaid small-business loans Pierce and his ailing law firm have been hit with in recent weeks.

  • May 27, 2020

    5th Circ. Says Lufthansa Worker Must Arbitrate Race Bias Suit

    A manager for airport services company ISS Facility Services Inc. and Lufthansa German Airlines who claims she was fired for complaining about widespread discrimination against black and brown workers must pursue her suit in arbitration, the Fifth Circuit ruled Wednesday.

  • May 27, 2020

    Southeast Texas Landowners Blame State For Flood Damage

    A group of Houston-area property owners are claiming the state of Texas is responsible for millions of dollars' worth of flood damage caused by a highway median that impedes rainfall runoff during a major storm.

  • May 27, 2020

    July Too Soon For $165M Petrobras Jury Trial, 5th Circ. Told

    A Spanish company wants the Fifth Circuit to postpone a July trial start date in a $165 million dispute involving Petrobras, arguing a federal judge in Texas has disregarded pandemic-related safety concerns and the wishes of the parties with so soon a trial date.

  • May 27, 2020

    Dallas Restaurant Group Sues Insurer Over COVID-19 Losses

    A Dallas restaurant group has sued Cincinnati Insurance Co., asking a federal judge to rule that its business interruption policy should cover the more than $1 million in damages it experienced from government-mandated shutdowns due to the COVID-19 pandemic.

  • May 27, 2020

    Oil Driller Alta Mesa Wins OK For Ch. 11 Liquidation Plan

    A Texas bankruptcy judge Wednesday approved Chapter 11 liquidation plans for oil and gas company Alta Mesa Resources Inc. and its associates, wrapping up what the parties called a "long, hard-fought case."

  • May 27, 2020

    Tuesday Morning Hits Ch. 11, Plans To Close 230 Stores

    Dallas-based discount home decor retailer Tuesday Morning Corp. filed for Chapter 11 bankruptcy Wednesday with a plan to close a third of its stores and reduce about $150 million in various forms of debt.

  • May 27, 2020

    Citgo Sues Vendor For Role In Venezuelan Bribe Scheme

    Citgo Petroleum Corp. has accused a Venezuelan-American businessman and his company of running a bribery scheme it says caused Citgo to overpay millions of dollars for transactions with its parent company, Petróleos de Venezuela SA.

  • May 26, 2020

    Dell Latest Co. Sued Over Zeroclick's Touch Screen IP

    Zeroclick LLC hit Dell Technologies Inc. in Texas federal court Tuesday with a patent infringement suit over its touch-screen technology in a complaint with similar allegations it has levied against Apple and other top tech companies.

  • May 26, 2020

    Oil Driller Says It's Looking To Finish Ch. 11 Before Fall

    Oil and gas driller Unit Corp. won approval for Chapter 11 financing from a Texas bankruptcy judge Tuesday at a hearing where it said it hopes to have its restructuring plan in place before fall.

  • May 26, 2020

    Oil Co. Says It Can Keep Payments For Well Constructions

    A Texas oil and gas exploration company says it's entitled to $2 million or to keep previous payments from an energy fund that failed to finish funding the construction of three wells in Howard County.

  • May 26, 2020

    5th Circ. Won't Revive $6.7M Hurricane Harvey Claim

    The Fifth Circuit on Tuesday ruled Lexington Insurance Co. won't have to pay a dime to a property company seeking coverage for $6.7 million in flood damage from Hurricane Harvey, finding the location of the coverage's "named storm" provision matters less than its wording does.

  • May 26, 2020

    NCAA Denies Duty To Protect Athletes From Coach Abuse

    The NCAA has asked a California federal judge to toss a proposed class action over claims it has failed to protect student-athletes from abuse by coaches, saying it has no legal duty to the athletes.

  • May 26, 2020

    Trump Appointee Steps Down From East Texas US Atty Post

    One of the top federal prosecutors in the Lone Star State, who was tapped for the post by President Donald Trump, is stepping down after little more than two years on the job, the U.S. Attorney's Office for the Eastern District of Texas said Tuesday.

Expert Analysis

  • Opinion

    Don't Cancel Your Summer Associate Programs

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    While pulling off an effective summer associate program this year will be no easy feat, law firms' investments in their future attorneys should be considered necessary even during this difficult time, says Summer Eberhard at Major Lindsey.

  • Aquaculture, Fishing Cos. Stand To Net Big Gains From Aid

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    A recent Trump administration executive order and a plan to distribute CARES Act funding to aquaculture and fishing businesses represent ambitious new federal support for these industries, and stakeholders should engage proactively as spending plans and application processes are developed, say attorneys at K&L Gates.

  • 5 Ways To Reduce Post-Pandemic Legal Malpractice Exposure

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    History suggests that legal malpractice claims will rise following the current economic downturn, and while a certain percentage of the claims will be unavoidable, there are prophylactic steps that law firms can take, says John Johnson at Cozen O'Connor.

  • Preparing For A Deluge Of COVID-19 Whistleblower Claims

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    Attorneys at Proskauer break down the kinds of COVID-19 whistleblower retaliation claims employers should anticipate, and explain key steps to minimize risks under the Occupational Safety and Health Act, National Labor Relations Act, Families First Coronavirus Response Act, and state laws.

  • COVID-19, Contango And Energy's New Economic Reality

    Excerpt from Lexis Practice Advisor
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    During the current pandemic, counsel for energy companies must be prepared for the market condition known as contango — where short-term and long-term energy prices operate differently — and with pressure from banks providing reserve-based lending facilities, says Cameron Kinvig at Lexis Practice Advisor.

  • Opinion

    Credibility Concerns About Virtual Arbitration Are Unfounded

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    Concerns that videoconferenced arbitration hearings compromise an arbitrator's ability to reliably resolve credibility contests are based on mistaken perceptions of how many cases actually turn on credibility, what credibility means in the legal world, and how arbitrators make credibility determinations, says Wayne Brazil at JAMS.

  • A Texas Case Could Put Electronic Agreements In Jeopardy

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    A dispute between staffing firm Aerotek and four former employees over enforceability of electronic arbitration agreements, currently being petitioned for review by the Texas Supreme Court, could signal a big problem not only for employers but all companies that transact business outside of their own locale, says Abby Brown at Moye White.

  • A Lawyer's Guide To Client Service Continuity Planning

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    Ensuring uninterrupted client service and compliance with ethical obligations in a time when attorneys are more likely to fall ill means taking six basic — yet often ignored — steps to build some redundancy and internal communication into legal practice, say attorneys at Axinn.

  • Virtual Meetings Could Be Fertile Ground For Legal Discovery

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    Many remote meeting technologies include recording features as default settings, raising three primary concerns from a legal discovery and data retention perspective, and possibly bringing unintended consequences for companies in future litigation, says Courtney Murphy at Clark Hill.

  • How Courts May Interpret COVID-19 Waivers Of Liability

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    As businesses begin to reopen, they may seek to release themselves from negligence claims for COVID-19 infections through contractual waivers of liability, but whether a waiver is enforceable varies significantly by state, says Jessica Kelly at Sherin and Lodgen.

  • Wis. Executive Power Ruling Has A Downside For Businesses

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    The Wisconsin Supreme Court’s decision last week invalidating the state's stay-at-home order as going beyond the governor's authority could make future executive orders limiting businesses' tort liability during post-pandemic reopening significantly less likely even in other states, says Brian Hauck at Jenner & Block.

  • The Role Of Remote Mediation After The Crisis Is Over

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    When the dark cloud of COVID-19 has passed and resolution centers are once again peopled with warring parties and aspiring peacemakers, remote mediations will likely still be common, but they are not going to be a panacea for all that ails the dispute resolution industry, says Mitch Orpett at Tribler Orpett.

  • Preventing Elder Exploitation As Securities Fraud Increases

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    Because securities fraud tends to increase in times of crisis, financial institutions should be on the lookout for elder abuse red flags identified by the Financial Crimes Enforcement Network and U.S. Department of Justice, and shore up suspicious activity reporting, says Michael Napoli at Akerman.

  • How States Are Relaxing Truck Weight Rules During COVID-19

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    Multiple states have adjusted truck weight limits to allow delivery vehicles involved in emergency relief efforts to accommodate more freight during the COVID-19 pandemic, but commercial carriers and vehicle operators must be mindful of differences between states, say attorneys at Cozen O'Connor.

  • 7 Steps To Romancing The Virtual Classroom

    Excerpt from Lexis Practice Advisor
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    For professors, trainers, lawyers, students and businesses grappling with the unexpected challenges of distance learning, trial attorney and teacher James Wagstaffe offers best practices for real-time online instruction.

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