• February 16, 2018

    Topgolf tells 5th Circ. Rival Can’t Pursue Future Claims

    Topgolf International Inc., which operates more than two dozen combined driving ranges and restaurants, asked the Fifth Circuit to affirm a district court's ruling in an antitrust suit alleging it acquired a software provider used by a competitor and may not renew the services contract when it expires, telling the court the claims cannot be brought because they are speculative.

  • February 16, 2018

    Dallas Atty Cops To Running Marriage Fraud Scheme

    A Dallas attorney accused of arranging a marriage to secure lawful permanent resident status for his legal assistant entered a guilty plea to the charge Thursday, the U.S. Department of Justice announced Friday.

  • February 16, 2018

    Texas Justices Take Up Arbitration Question In Crop Case

    The Texas Supreme Court on Friday agreed to weigh whether Jody James Farms must arbitrate its dispute with insurance agency The Altman Group over an unpaid 2010 crop damage claim, after JJF argued there was no arbitration agreement between the parties.

  • February 16, 2018

    Texas Justices Pass On Code Developer's 'Contractor' Row

    The Texas Supreme Court on Friday declined to consider a software developer’s suit in which he claimed that a trial court incorrectly ruled he was an employee and not an independent contractor of the drilling technology company that demanded he hand over a computer application he wrote.

  • February 16, 2018

    Texas Oil Co. Can't Duck $14M Award, Transocean Unit Says

    A Nigerian offshore drilling unit of Transocean told a Texas federal judge that an oil exploration company can't slip its bid to confirm a $14 million arbitration award issued over unpaid work, arguing that there are no loopholes in the binding arbitration to which the parties agreed. 

  • February 16, 2018

    Texas Justices Won't Hear From Oil Exec DQ'd As Counsel

    The Texas Supreme Court declined Friday to intervene in a dispute in which a lawyer argued he was wrongly disqualified from acting as counsel in litigation against two oil and gas companies that he runs, which are facing a shareholder derivative lawsuit from his son, a former executive at both companies.

  • February 16, 2018

    Winston & Strawn Nabs Morgan Lewis Energy Duo In Houston

    Winston & Strawn LLP has hired two Morgan Lewis & Bockius LLP litigators who specialize in oil and gas disputes as the firm continues to beef up its energy team in Houston, Winston & Strawn said Thursday.

  • February 16, 2018

    Taxation With Representation: Kirkland, Davis, Skadden, Weil

    In this week's Taxation With Representation, Wyndham sold its European vacation rental business to Platinum Equity for $1.3 billion, LyondellBasell bought A. Schulman for $2.25 billion, Hoffman-La Roche proposed buying Flatiron Health for $1.9 billion, and Charles River Laboratories acquired MPI Research for $800 million.

  • February 15, 2018

    Texas Architects Escape Death Suit Over Faulty Design

    A Texas appellate panel dismissed a suit accusing an architectural firm of negligently designing a traffic intersection outside a convention center that purportedly caused the death of a pedestrian, saying an expert witness retained by the pedestrian's family was not a licensed architect.

  • February 15, 2018

    Texas Grocery Chain HEB Buys Growing Mobile Delivery App

    Texas food retailer HEB Grocery Co. LP, one of the Lone Star State’s largest private employers, said Thursday it has purchased Favor Delivery, a popular and growing on-demand delivery service headquartered in Austin, for an undisclosed sum.

  • February 15, 2018

    Texas Jury Slaps Docs With $6.6M Verdict In Blood Clot Case

    A Harris County, Texas, jury on Thursday awarded a patient $6.6 million in a medical malpractice lawsuit, finding that two doctors were liable for failing to diagnose and treat a blood clot that left her with permanent medical issues.

  • February 15, 2018

    Texas Court Says Suit Over Post-Surgery Pain Not Timely

    A Texas appeals court on Wednesday quashed the case of a woman claiming doctors’ negligence during surgery caused her nerve pain, finding she filed no timely, formal notice of her claim and that the problems doctors documented months after her surgery didn’t provide “actual” notice of a possible malpractice suit.

  • February 15, 2018

    Orrick Hires 6 Ex-Andrews Kurth Public Finance Lawyers

    A group of six public finance attorneys have left Andrews Kurth Kenyon LLP’s Texas offices and joined Orrick Herrington & Sutcliffe LLP, Orrick confirmed Thursday.

  • February 15, 2018

    Houston Homeowners Can't Revive Flood Negligence Suit

    Houston-area homeowners can’t revive their suit blaming the operator of a wastewater pumping facility for flooding to their homes, a Texas appellate court held Thursday, saying the homeowners hadn’t offered any facts that could demonstrate the operator negligently oversaw wastewater infrastructure in their neighborhood. 

  • February 15, 2018

    Texas DOT Can't Nix Jury Award For Injured Motorcyclist

    The Texas Department of Transportation on Wednesday lost its bid to nix a jury verdict in favor of an injured motorcyclist, when a Texas appellate court determined there was sufficient evidence to support the jury's finding that the agency was negligent in warning about dangerous road conditions.

  • February 15, 2018

    LyondellBasell Pays $2.25B To Pick Up Plastic Supplier

    LyondellBasell, a multinational plastics, chemicals and refining company, has agreed to buy a supplier of plastic composites, compounds and powders for $2.25 billion, the company said Thursday.

  • February 15, 2018

    A Chat With Hogan Lovells HR Chief Allison Friend

    In this monthly series, legal recruiting experts Amanda Brady and Amy Mallow of Major Lindsey & Africa interview law firm management from Am Law 200 firms about how they are navigating an increasingly competitive business environment. The second conversation is with Allison Friend, chief human resources officer for Hogan Lovells LLP.

  • February 14, 2018

    Conservative Texas Blogger Gets Another Try In Atty Fee Row

    In a long-running dispute involving defamation claims brought by a former school board member against a conservative activist and blogger, an appellate court held on Tuesday there was no record evidence to support a trial court's attorney fee award of $42,200 for the case that made it all the way to the Texas Supreme Court.

  • February 14, 2018

    Texas Man Can't Use Frozen Funds For Appeal, 5th Circ. Says

    A Texas frozen foods businessman convicted for a $5.3 million tax and wire fraud scheme doesn't have a Sixth Amendment right to use funds claimed by the government for a $1.2 million restitution order to hire counsel for his appeal, a Fifth Circuit panel said Wednesday.

  • February 14, 2018

    Texas Justices Asked To Step Into Trade Secrets Row

    Terra Energy Partners LLC asked the Texas Supreme Court on Monday to force Sanchez Oil & Gas Corp. to identify the trade secrets it says Terra misappropriated, arguing that its competitor is using a "data dump" to  force Terra into a costly through thousands of pages of trade documents.

Expert Analysis

  • Understanding Texas Mechanic's Liens And Bonds: Part 1

    Excerpt from Lexis Practice Advisor
    David Tolin

    Texas is home to relatively complex statutory frameworks for liens and bonds used to secure payment for services rendered. Statutory and constitutional liens provide powerful remedies for nonpayment, but only if the proper guidelines are strictly observed, says David Tolin of Cokinos Young.

  • Tension Over 'Place Of Business' Timing For Patent Venue

    Brian Kwok

    Post-TC Heartland, an increasingly common venue dispute revolves around whether a patent defendant must have its "regular and established place of business" in the judicial district when filing the complaint, or only when the alleged act of infringement occurred. Two recent district court decisions appear to answer this question differently, say Brian Kwok and Winnie Wong of Haynes and Boone LLP.

  • How Emerging Sources Of ESI Will Impact Discovery

    Charles McGee

    Late last year, the Sedona Conference released the third edition of its principles addressing electronic document production, updated to account for innovations like Snapchat and Twitter. It may be necessary for these principles to be updated more often in order to keep pace with technology, says Charles McGee III of Murphy & McGonigle LLP.

  • Put The Brakes On Acceleration Bay Litigation Funder Ruling

    David Gallagher

    Last week, the District of Delaware raised eyebrows by ruling that documents provided to a litigation funder and its counsel in connection with their due diligence are categorically not attorney work product. Acceleration Bay v. Activision Blizzard seems to be a case of bad facts making bad law, says David Gallagher, investment manager and legal counsel for Bentham IMF.

  • Considerations For Attorneys Using Artificial Intelligence

    Ben Allgrove

    Artificial intelligence tools can empower attorneys to work more efficiently, deepen and broaden their areas of expertise, and provide increased value to clients, which in turn can improve legal transparency, dispute resolution and access to justice. But there are some common pitfalls already apparent in the legal industry, say Ben Allgrove and Yoon Chae of Baker McKenzie.

  • Auto Dealers Should Note FTC’s Deceptive Ad Actions

    Christian Scali

    The Federal Trade Commission recently announced it approved a final consent order settling charges against an auto dealership after it disseminated full-page Spanish-language advertisements in print and online. While this action is among the first taken by the FTC to explicitly pursue auto dealers who deceive consumers by switching languages, there have been similar crackdowns in recent years, say attorneys with Scali Rasmussen.

  • Series

    Judging A Book: Duncan Reviews 'Justice And Empathy'

    Judge Allyson Duncan

    In "Justice and Empathy: Toward a Constitutional Ideal," the late Yale Law School professor Robert Burt makes a compelling case for the undeniable role of the courts in protecting the vulnerable and oppressed​. But the question of how the judiciary might conform to Burt’s expectations raises practical problems​, says U.S. Circuit Judge Allyson Duncan of the Fourth Circuit. ​

  • Emerging Trends In FCA Enforcement: 2018 Outlook

    Vince Farhat

    Two new policies from the U.S. Department of Justice, along with ongoing developments concerning the elements of scienter and materiality stemming from the landmark U.S. Supreme Court decision in Escobar, have the potential to significantly change the landscape of False Claims Act enforcement in the year ahead, say attorneys with Holland & Knight LLP.

  • 'Throw' Your Mini-Opening To Get The Best Jury Possible

    Christina Marinakis

    In the hopes of piquing the interest of jurors and minimizing hardship requests, more and more judges are encouraging parties to make “mini-openings” prior to voir dire. You can use this as an opportunity to identify your worst jurors and get them removed from the panel — by previewing your case weaknesses and withholding your strengths, says Christina Marinakis of Litigation Insights.

  • Eminent Domain In The Wake Of Natural Disasters

    Briggs Stahl

    When states and municipalities rebuild permanent infrastructure following disasters, they may be able to reduce the damages caused by eminent domain by planning carefully. In particular, examining preventative solutions allows more time for planning and designing projects to reduce future damages to owners, says Briggs Stahl of RGL Forensics.