• April 21, 2017

    Ex-Univ. Of Texas Doc’s Retaliation Suit Nixed By Court

    A Texas state appeals court on Friday tossed a former University of Texas doctor’s suit claiming his contract wasn’t renewed because he complained about racial discrimination and other mistreatment, saying the doctor didn’t disprove the hospital’s assertion that he had poor patient treatment evaluations.

  • April 21, 2017

    Medtronic's $17M Patent Infringement Penalty Is Enhanced

    A Texas federal judge on Thursday boosted by 20 percent a $17.7 million damages judgment against Medtronic Inc. for infringement of two medical device patents, saying the add-on was warranted given evidence of “reckless” copying, though he declined to grant attorneys’ fees.

  • April 21, 2017

    Select Energy Services Raises $122M In Below-Range IPO

    The gusher of energy-related issuances continued Friday as Texas-based oil field services firm Select Energy Services Inc. tapped public markets for $122 million in an offering guided by Vinson & Elkins LLP and Baker Botts LLP.

  • April 21, 2017

    Texas Firm Can't Ditch Class Complaint Of Inflated Fees

    A federal judge Thursday refused to throw out a putative class action alleging a Texas law firm operated as a “collection mill” and ripped off clients by billing a standard amount of hours that didn’t accurately reflect the legal work performed in each case.

  • April 21, 2017

    Jones Day Adds Ex-Bracewell Capital Markets Atty In Houston

    Jones Day has hired a former Bracewell LLP partner and capital markets attorney for its Houston office, an addition that the global law firm said will bolster its practice.

  • April 21, 2017

    Chrysler Wants Texas MDL For Dodge, Jeep Diesel Suits

    Fiat Chrysler has requested consumer suits alleging certain Jeep and Dodge diesel vehicles were sold with so-called defeat devices that masked their emissions levels be consolidated in multidistrict litigation with suits brought by Texas counties alleging violations of the Texas Clean Air Act.

  • April 21, 2017

    $15.6M In Plastic-Bag False Billing Gets Texan 4 Years

    The former owner of Tinkle Management Inc. was sentenced Thursday in Houston to four years in prison for his role in a $15.6 million false invoicing scheme whereby he billed a client chemical company for plastic shipping bags that were never delivered.

  • April 21, 2017

    GOP AGs Want Exxon Climate Change Probes Blocked

    Eleven Republican state attorneys general have thrown their weight behind Exxon Mobil's bid to quash investigations by Massachusetts and New York authorities into the company's knowledge of climate change, arguing the probes violate Exxon's free speech rights.

  • April 21, 2017

    Winston & Strawn Adds 4 Litigators From Fish In Calif., Dallas

    Winston & Strawn LLP has added four litigators from Fish & Richardson PC who specialize in commercial, business and intellectual property matters as partners in its Silicon Valley and Dallas offices, the firm has announced.

  • April 21, 2017

    Texas Firms Eye Energy Uptick After Weathering Downturn

    Texas law firms felt the sting of the energy downturn along with their clients, but generally weathered the storm without serious harm to their bottom lines because their work is spread across many segments of the industry. Now, there’s an optimism tied to rebounding oil prices, and early 2017 could be one of the busiest terms in recent years, attorneys say.

  • April 20, 2017

    5th Circ. Says Remington Rifle Discharge Suit Too Late

    The Fifth Circuit on Wednesday ruled a lower court had correctly applied Texas law in deciding that a man’s suit against Remington Arms Co. for an allegedly defective Model 700 rifle that he claims suddenly discharged and shot him in the foot was time-barred.

  • April 20, 2017

    PetroChina Agrees To Arbitration In $1B Africa Oil Spat

    PetroChina Co. Ltd. and several related entities on Wednesday formally committed to arbitration in a $1 billion African oil contract dispute between the company it bought into and Carlton Energy Group LLC.

  • April 20, 2017

    5th Circ. Nixes Malicious Prosecution Case Against Ex-Judge

    A process server who was ordered arrested for allegedly disrupting proceedings by the Texas state district court judge he was trying to serve lost a bid to revive his federal malicious prosecution claim when the Fifth Circuit sided with the trial court and dismissed them.

  • April 20, 2017

    $20M Panda Temple DIP Short-Circuited By Court, Creditor

    A bankrupt Texas power plant’s $20 million debtor-in-possession loan plan got short-circuited Thursday, after close questioning by a Delaware bankruptcy judge and an accelerated, $5.7 million revenue hedge payment by an investor wary of DIP lender restrictions.

  • April 20, 2017

    5th Circ. Delays Appeal Of OT Rule Stay For 2 Months

    The Fifth Circuit on Wednesday gave the government a two-month extension in the appeal of an injunction that blocks the Obama administration's overtime rule, after the Department of Labor had asked to delay proceedings in light of Alexander Acosta, the nominee for labor secretary, having yet to be confirmed.

  • April 20, 2017

    ER Operator Adeptus Files Ch. 11, Seeks PE Takeover

    Emergency room company Adeptus Health Inc. and 139 affiliates, mostly individual medical centers, filed for Chapter 11 bankruptcy in Texas on Wednesday with $454 million in debt and a plan to be taken over by private equity firm Deerfield Management Co.

  • April 20, 2017

    Texas Businessman Cuts Deal With SEC Over Oil Well Funds

    A Texas businessman agreed to settle U.S. Securities and Exchange Commission claims he misled investors when raising funds to rework an oil and gas well and misappropriated their cash to gamble, according to documents filed in federal court Wednesday.

  • April 20, 2017

    Baker Donelson Adds Energy Litigator To Houston Office

    Baker Donelson Bearman Caldwell & Berkowitz PC has hired a litigation attorney with extensive experience in the energy sector as a shareholder in its Houston office, where he will be part of the firm’s business litigation group.

  • April 20, 2017

    Apple, Cell Cos. Hit With Patent Suit After $22M Trial Loss

    A subsidiary of major patent licensing firm Acacia Research Corp. that recently won a $22 million patent suit against Apple has filed another suit against the tech giant and others in Texas federal court, alleging that the companies are copying technology related to emergency calling, messaging and carrier aggregation. 

  • April 20, 2017

    Texas Justices OK Med Mal Dismissal Over 'Stale' Expert

    A Texas appellate court Wednesday upheld dismissal of a medical malpractice lawsuit stemming from a breast reduction surgery, agreeing with the trial court that the patient hadn't done enough to refute her ex-doctors' challenges that her expert's knowledge of the issue was “stale.”

Expert Analysis

  • The 'State' Of The Gig Economy Under Trump

    Amy Strauss

    There is no question that America’s sharing economy is growing and showing no signs of slowing down. However, if the Trump administration continues its hands-off approach to worker misclassification issues, and court decisions create as much confusion as clarity, we may be forced to look to state legislatures to take control, says Amy Strauss of Fisher Phillips.

  • Monthly Column

    Gray Matters: The Attorney-Client Team


    A 1979 study of attorney-client interactions revealed startling information: Despite years of education and training to hone their legal expertise, attorneys were not acting as independent counselors but rather allowing their clients to control them. Our experience is that this trend has accelerated, say dispute resolution experts Robert Creo and Selina Shultz.

  • Walking The Lone Pine Trail

    Alan Hoffman

    Lone Pine orders require plaintiffs to provide some prima facie evidence to support causation or other claims based on expert opinion. Such orders do not require plaintiffs to prove their case — only to demonstrate that they have one. Some examples from recent litigation illustrate how Lone Pine orders can benefit both sides, says Alan Hoffman of Husch Blackwell LLP.

  • Opinion

    Why Roe V. Wade Will Not Be Overturned

    Donald Scarinci

    The threat that abortion will become illegal again by overturning Roe v. Wade has been a blockbuster campaign slogan in presidential elections for the last 40 years. Like most campaign rhetoric, this threat is not based in reality, says Donald Scarinci, managing partner of Scarinci Hollenbeck LLC.

  • Litigation Finance, Big Data And The Limits Of AI

    Christopher Bogart

    Theoretically, both better data and its better use should be able to improve results in litigation, and thus help litigation financiers allocate more capital to meritorious matters. However, while big data and artificial intelligence are intriguing additions to the litigation toolkit, they are far from turning litigation finance on its head, says Christopher Bogart, CEO of Burford Capital LLC.

  • Series

    Counsel To Counsel: Mama Said There'll Be Days Like This

    Peter J. Engstrom

    It's no longer enough for law firms simply to provide expert legal advice — we are expected to mirror clients' legal, ethics and social commitments and promises. For law firm GCs, the resulting job demands seem to grow exponentially, says Peter Engstrom, general counsel of Baker McKenzie.

  • The Insurer's Dilemma: To Produce, Or Not To Produce?

    Victoria Vish

    The discovery demand for the entire underwriter's file for underwriting a policy has become far too common in the realm of insurance coverage litigation. This request must be carefully considered and analyzed by insurers to determine whether the production is appropriate, and the extent to which any production should be limited, says Victoria Vish of Zelle LLP.

  • Opinion

    A State-By-State Solution For Immigration Reform

    Leon Fresco

    While it might seem that the new regional polarization over immigration and sanctuary cities may be driving us further away from achieving a national consensus on immigration, it may actually be beneficial to facilitating a unique outcome that can finally create bipartisan progress on immigration reform, says Leon Fresco of Holland & Knight LLP.

  • Series

    Counsel To Counsel: A Law Firm GC's Data Protection Duties

    Thomas W. White

    Increasingly, we see companies in all industries seeking to perform various levels of due diligence on our information security defenses. We received three times as many diligence requests from clients and prospective clients in 2016 as we did in 2015. Some clients even conduct their own penetration tests, says Thomas White, general counsel of WilmerHale.

  • 5th Circ. ESA Decision Highlights Deference Discord

    Shawn Welch

    The Fifth Circuit's recent decision in Markle Interests v. United States Fish and Wildlife Service, and the dissent from denial of en banc review, involve a recurring conflict between the extent of judicial review and the proper deference to be given to agency action, says Shawn Welch of Holland & Hart LLP.