• September 25, 2017

    5th Circ. Issues Mixed Ruling On Texas Sanctuary City Law

    A Fifth Circuit panel allowed limited parts of Texas’ anti-sanctuary city law, known as S.B. 4, to go into effect Monday, greenlighting a federal immigrant detainer program that enlists the assistance of local law enforcement.

  • September 25, 2017

    Texas Justices Needn't Mull E-Booking Tax Row, 5th Circ. Told

    Online travel companies and Texas cities in a protracted battle over local tax liability objected Friday to the Fifth Circuit's proposal that Texas' high court weigh in on whether the companies effectively "control" the hotels they arrange bookings for and whether the websites' markups can be taxed.

  • September 25, 2017

    16 States Won't Intervene In FCA Suit Against Compounder

    Sixteen states declined Monday to intervene in a whistleblower False Claims Act suit accusing a Florida compounding pharmacy of charging Tricare, Medicare and Medicaid excessively high rates for certain compounded drugs, after the federal government previously intervened in the suit.

  • September 25, 2017

    Texas State Bar Sues Ex-Prosecutor Over False Testimony

    The State Bar of Texas on Monday filed a disciplinary action against a former prosecutor in a capital murder trial who allegedly failed to correct three witnesses who lied under oath when they denied giving their testimony in exchange for recommended reduced criminal punishments.

  • September 25, 2017

    Twin City Tells 5th Circ. Excess Director Pay Not Covered

    Twin City Fire Insurance Co. hit back Friday against Oceaneering International Co.’s bid to overturn a district court ruling that freed the insurer from covering a settlement over excessive directors' fees, telling the Fifth Circuit it’s "black-letter law" that disgorgement payments aren’t insurable.

  • September 25, 2017

    Texas Powerhouse: Baker Botts

    Helping Halliburton exit a hard-fought securities class action with a $100 million settlement, just 2 percent of what disgruntled investors wanted, and guiding MEGlobal on the $4 billion development of a petrochemical plant ranked among the standout actions during a busy year for long-established Texas firm Baker Botts LLP.

  • September 25, 2017

    Kimberly-Clark FCA Suit Tossed For Overlapping Other Case

    A Texas federal judge on Friday tossed a whistleblower suit alleging Kimberly-Clark Corp. and medical technology company Halyard Healthcare Inc. submitted false claims to the government for faulty surgical gowns, saying the allegations mirror those brought in a separate case that is pending.

  • September 25, 2017

    Ex-ArthroCare CEO Wants $750M Fraud Conviction Nixed

    The former ArthroCare Corp. CEO who was convicted of defrauding investors of some $750 million by inflating sales and revenue numbers at both his initial trial and a retrial in August asked a Texas federal judge to free him on Friday, claiming the government failed to prove fraud.

  • September 22, 2017

    5th Circ. Probes Legality Of Texas Sanctuary-City Law

    A Fifth Circuit panel on Friday questioned the legality of Texas requiring local communities to “fulfill” detainer requests by federal immigration agents when the federal government may not compel states and communities to do so itself.

  • September 22, 2017

    Fed. Circ. Ruling To Force More Patent Cases Out Of EDTX

    A Federal Circuit decision Thursday setting guidelines where patent suits can be filed — and rejecting venue rules set by an Eastern District of Texas judge — provides need much-needed clarity in a contentious area of the law and should result in many cases leaving the Texas court, attorneys say.

  • September 22, 2017

    Cop’s Dallas Shooting Suit Against Twitter On Thin Ice

    A California federal judge seem poised Friday to toss a Dallas police sergeant's suit alleging Twitter, Facebook and Google gave a platform to the terrorist organizations that radicalized the gunman who ambushed and killed five officers in July 2016, saying the causal link between social media posts and the shooting is tenuous.

  • September 22, 2017

    Jury Awards Matrix $100M In Eagle Ford Accounting Row

    Matrix Petroleum LLC was awarded nearly $100 million after a rural south Texas jury found on Tuesday that Talisman Energy USA Inc., now known as Repsol Oil & Gas USA LLC, had committed fraud in its accounting practices related to Eagle Ford Shale wells and breached a joint operating agreement.

  • September 22, 2017

    House To Consider Tax Relief For Hurricane Victims

    Individuals affected by Hurricanes Harvey, Irma and Maria may be able to access their retirement accounts without getting penalized, and they may be able to claim bigger tax deductions for property damage under a bill announced Friday.

  • September 22, 2017

    Energy Chops Boost Texas Powerhouses In Crowded Market

    In a legal market where national and regional firms are trying to break in every day and their midsize and boutique counterparts are gunning for valuable pieces of the pie, the five Texas firms on Law360’s Powerhouse list have thrived by harnessing deep strengths in the energy sector and big-ticket litigation in a variety of areas.

  • September 22, 2017

    SEC Halts Trading In Stock That Touted Hurricane’s Upside

    The U.S. Securities and Exchange Commission on Friday halted trading of a penny stock that announced it was mobilizing resources and hiring key staff to respond to Hurricane Harvey, reiterating its warning that scammers might try to capitalize on crises to lure investors.

  • September 22, 2017

    5th Circ. Won't Rehear $4.4M Yahoo March Madness Ruling

    The Fifth Circuit on Friday said it will not reconsider a panel's determination that Yahoo Inc. owes $4.4 million after backing out of a deal with prize insurer SCA Promotions Inc. involving a March Madness contest, cementing the reversal of a district court ruling originally awarding the internet giant a $550,000 refund.

  • September 22, 2017

    Trump's Latest US Atty Noms Include Sidley, Goodwin Alums

    President Donald Trump released on Friday his latest batch of nominations for U.S. attorney, including former associates at Sidley Austin LLP and Goodwin Procter LLP.

  • September 22, 2017

    UK Clears Cardtronics' $460M DirectCash Buy

    The U.K.'s antitrust watchdog on Friday said it has approved Texas-based Cardtronics Inc.'s $460 million acquisition of DirectCash Payments Inc. after an independent panel found that various factors could prevent the pair from hiking surcharges at their ATMs. 

  • September 22, 2017

    Patents Are Surviving Challenges Under Alice More Often

    Federal courts followed the U.S. Supreme Court’s 2014 Alice decision by invalidating scores of computer and software patents. But district courts are more often upholding patents in these types of challenges, new data shows, with a surprising twist coming out of the Eastern District of Texas.

  • September 22, 2017

    Texas Justices To Hear Anadarko Drilling Lease Fight

    The Texas Supreme Court on Friday granted a request from TRO-X LP to review a case stemming from an oil and gas lease dispute with Anadarko Petroleum Corporation, more than a year after a lower appellate court reversed a trial court win in TRO-X's favor that gave TRO-X a working interest in five leases.

Expert Analysis

  • Is An Assault On The Flood Exclusion Coming?

    Randy Maniloff

    There will be plenty of similarities between Katrina insurance claims and those arising from Harvey and Irma. This time around, however, expect to see arguments made that the Insurance Services Office’s 2011 amendments to the flood exclusion, contained in the organization’s homeowner’s policies, affect certain claims, says Randy Maniloff of White and Williams LLP.

  • Locating Burden Of Proof When Patent Venue Is Challenged

    Duane-David Hough

    When venue is challenged, who bears the burden of proof in patent cases? It turns out the courts are sharply divided on this important issue, say attorneys with Mayer Brown LLP.

  • 5th Circ. Dismissal Signals End To Obama Overtime Regs

    Dale Hudson

    The Fifth Circuit's recent approval of the U.S. Department of Labor’s request to dismiss its appeal regarding the Obama administration’s revised overtime regulations likely indicates the end of the proposed amended rule. However, it appears probable that in due course the Trump DOL will issue new regulations that similarly expand those same Fair Labor Standards Act protections, say Dale Hudson and Jeffrey League of Nixon Peabody LLP.

  • Storm-Damaged Businesses Need Environmental 'Baselines'

    Kevin Daehnke

    What if, after a storm like Hurricane Harvey or Irma, a small business finds itself liable for hundreds of thousands (or even millions) of dollars of environmental contamination that spilled out during the storm? This is a very real concern for businesses that store and use chemicals, but there are ways to establish protections, says Kevin Daehnke of Daehnke Cruz Law Group LLC.

  • Economy Conditions Complicate Business Interruption Claims

    Vincent Morgan

    Business interruption claims are frequently the most difficult and hotly contested of insurance claims, and this is even more so in the aftermath of large-scale natural disasters like Hurricanes Harvey and Irma. One common dispute is whether the measurement of business interruption should take into account the post-loss area-wide economic conditions, say attorneys with Pillsbury Winthrop Shaw Pittman LLP.

  • The Role Legal Finance Can Play In Firm Year-End Collections

    Travis Lenkner

    Payment collection delays have caused law firms to seek new options, one of which is litigation finance. In this context, litigation finance can offer alternative avenues to firms as they approach the end of a fiscal year or partnership distribution dates, says Travis Lenkner of Burford Capital LLC.

  • Considerations For Competitors Collaborating Post-Hurricane

    Meytal McCoy

    Despite the unique and critical need for collaboration among competitors following Hurricanes Harvey and Irma and other natural disasters, these events are not an invitation for businesses to ignore antitrust laws, say Meytal McCoy and Jessica Michaels of Mayer Brown LLP.

  • How To Give Patent Clients A 'Get Out Of Texas' Card

    Jeremy Elman

    Following the U.S. Supreme Court's recent patent venue decision in TC Heartland, companies should take a fresh look at the Eastern District of Texas to put an end to forum shopping there, say Jeremy Elman and Robert Mallard of Dorsey & Whitney LLP​.

  • 'Per-Doc' Pricing Can Improve Document Review

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    Imagine going to a restaurant and ordering your steak medium-rare. The steak arrives burned. You expect the kitchen to bring you another one properly done, right? And you don’t expect to pay for two steaks, do you? Paying a vendor for document review should be no different, says Lisa Prowse, an attorney and vice president at e-discovery firm BIA Inc.

  • Opinion

    We Must Protect Consumers From Illegal Debt Collectors

    Maura Healey

    Companies are allowed to collect the money they are owed, but they cannot break the law or cheat people in the process. Some of the biggest players in the debt collection industry are not focused on getting it right, says Massachusetts Attorney General Maura Healey.