Texas

  • November 21, 2019

    Dish Goes After 'Free TV' Websites For Pirating Asian Shows

    DishNetwork is still taking aim at websites it says survive off of siphoning its content, asking a Texas federal judge Thursday to step in and stop more than a dozen websites from pirating its channels.

  • November 21, 2019

    5th Circ. Declines to Revive Baker Hughes' Deduction Bid

    The Fifth Circuit on Thursday declined to revive Texas oil company Baker Hughes' claim for a tax deduction on $52 million it gave to a Russian subsidiary facing liquidation, finding the cash wasn't bad debt but instead a capital contribution.

  • November 21, 2019

    Proskauer Pushes To Halt Stanford Ponzi Suit In Antigua

    Proskauer Rose LLP has asked a Texas federal court to move quickly to end litigation in Antigua that the firm says is barred after it paid $63 million to settle claims over a former partner's work for entities affiliated with the R. Allen Stanford $7 billion Ponzi scheme.

  • November 21, 2019

    Facebook Asks Texas Justices To Pause Sex Trafficking Suit

    Facebook Inc. has asked the Texas Supreme Court to pause proceedings in a lawsuit against it by a sex trafficking survivor to prevent the company from answering “burdensome discovery” before an appellate court can decide whether it’s immune from the claims.

  • November 21, 2019

    Naftogaz Says Texas Co. Can't Seek Discovery Dispute Fees

    Ukrainian energy company Naftogaz urged a Texas federal court Wednesday to deny a bid for attorney fees by the Dallas-based oil and gas reserves auditor of Russian energy giant Gazprom, related to a now-withdrawn subpoena that sought documents for use in litigation to enforce a $2.56 billion arbitral award against Gazprom.

  • November 21, 2019

    Apartments Seller Wins Toss Of 'Bogus' Overpayment Suit

    A Houston company accused of inflating the occupancy rate of an apartment complex it sold has won dismissal and attorney fees in what it called a "bogus" suit from the buyer that claimed it overpaid by $4 million.

  • November 21, 2019

    No Speedy Victory For Either Side In Pa. Payday Lending Suit

    Neither the Pennsylvania Attorney General’s Office nor the two parties left in its suit over illicit payday loans can resolve claims early in their favor, according to a Pennsylvania federal judge who said that too many disputed issues remained to end the litigation.

  • November 21, 2019

    Texas Court Won't Revisit Fight Over Injection Well Permit

    A Texas appeals court declined to revisit a split decision that upheld a state environmental regulator’s approval of an individual waste disposal facility despite concerns raised late in the process by Texas energy regulators about the project's impacts on nearby oil and gas deposits.

  • November 21, 2019

    Investors Urge 5th Circ. To Revive Ponzi Claims Against SEI

    A group of investors in Robert Allen Stanford's massive Ponzi scheme are asking the Fifth Circuit to revive their claim that investment processor SEI Investments Co. could have provided them with the information they needed to avoid the scheme's collapse.

  • November 21, 2019

    Investcorp Makes $800M Play For 126 Industrial Properties

    Investcorp on Thursday unveiled an $800 million deal for a portfolio of 126 industrial properties that span five states, marking just the latest real estate investment for the firm. 

  • November 20, 2019

    Mary Kay Says Ulta Beauty Infringed Its 'Lash Love' Trademark

    Mary Kay Inc. on Tuesday accused Ulta Beauty of using its "Lash Love" brand name to sell a competing mascara product, infringing a trademark Mary Kay has used to sell its own mascara products for almost eight years.

  • November 20, 2019

    HP's $176M Antitrust Trial Win Should Be Nixed, Quanta Says

    Facing a $176 million price-fixing verdict after a trial against Hewlett-Packard Co., optical disc drive maker Quanta Storage urged a Texas federal court Tuesday not to triple the verdict and, in fact, to reverse it altogether and grant Quanta a new trial.

  • November 20, 2019

    Texas Hospital Tries Again To End Doc's $19M Antitrust Suit

    Tenet Healthcare Corp. is trying for the second time to end a doctor's $19.2 million antitrust suit accusing it of excluding 70% of pediatric anesthesiologists in the San Antonio, Texas, area from working at its hospitals, again attacking the sufficiency of the evidence backing the claims.

  • November 20, 2019

    Dems Target Trump's 'Remain In Mexico' Asylum Policy

    Three Democratic U.S. representatives on Wednesday decried the human impact of a Trump administration policy requiring asylum-seekers to stay in Mexico while they wait for hearings, touting legislation that would remove the program's legal basis.

  • November 20, 2019

    Dallas Mall Sued Over Fatal 'Joyrider' Parking Garage Crash

    A well-known shopping center in Dallas was sued Wednesday in Texas court for allegedly failing to prevent a deadly March car crash linked to “joyriding” in the mall’s parking garage, which killed a Chinese businessman and severely injured his friend.

  • November 20, 2019

    Ex-Fox Commentator Fights Atty's Bid To Nix Defamation Suit

    A former Fox News guest commentator who filed a $118 million defamation suit against a lawyer but whose own legal counsel missed a deadline to serve the initial complaint has urged a Texas federal court not to toss the case, as he would lose out on his claim.

  • November 20, 2019

    5th Circ. Revives IP Suit Over Disney's 'Toy Story 3' Villain

    The Fifth Circuit on Tuesday partially revived a toymaker's lawsuit alleging multiple Disney entities ripped off its trademarked "Lots of Hugs" stuffed bears to create the villain Lotso in "Toy Story 3," finding the lower court unfairly vacated an order allowing the company to amend its complaint without notice.

  • November 20, 2019

    Feds Say Houston Doc Billed $69M For Unneeded Treatments

    A Houston-area doctor unnecessarily treated his patients for lead poisoning even though they had low levels of the heavy metal in their systems and improperly billed the government, seeking more than $69 million in reimbursements, prosecutors told a federal judge Wednesday.

  • November 20, 2019

    Dropbox Can't Stop Rival's Ch. 11 Plan, 5th Circ. Says

    Dropbox can’t blow up rival Thru Inc.’s Chapter 11 plan, despite claims it was conceived in exactly the sort of blatant bad faith that led to the $2.3 million award that bankrupted Thru in the first place, the Fifth Circuit has found.

  • November 19, 2019

    Texas High Court Asked To Ax Claims By Beyonce's Dad

    A former attorney for Mathew Knowles, the father of pop superstar Beyonce, has asked the Texas Supreme Court to upend a lower court's ruling that kept alive Knowles' claims that the lawyer overcharged him for poor-quality work.

  • November 19, 2019

    Houston Firms Can't Cancel Dueling Bail Bond Barratry Suits

    In a lawsuit that pits competing Houston law firms against each other — with one alleging the rival improperly solicited clients, and the other alleging the competitor perpetrated a "fraud on the court" in bringing those claims — a Texas appellate court declined Tuesday to bring an end to any of the claims.

  • November 19, 2019

    Total E&P Wants 5th Circuit to Toss $21.6M Jury Verdict

    Total E&P USA Inc. asked the Fifth Circuit to toss a $21.6 million jury verdict against the oil and gas company and order a new trial, arguing a Texas federal judge ruled on an issue that should have been a question for the jury.

  • November 19, 2019

    PDVSA Contractor Gets 18 Months In Prison For Bribery

    A Venezuelan native who paid bribes to secure lucrative energy contracts with Petroleos de Venezuela SA was sentenced Tuesday to 18 months in prison by a federal judge in Houston and ordered to continue making payments on a $9 million judgment against him.

  • November 19, 2019

    Texas Gas Driller Gets OK To Tap Into $41M Ch. 11 Loan

    West Texas oil and gas driller Approach Resources Inc. received permission from a Houston bankruptcy judge Tuesday to tap into a portion of its $41.25 million in post-petition financing as its pursues an asset sale process.

  • November 19, 2019

    Novel Securities Let Some Drillers Unlock Investor Cash

    Oil and gas drillers are breaking new ground to raise cash with two recent deals that roll up mineral interests into securities, but lawyers say the innovative fundraising tool is only an option for companies with the right kinds of assets and creditors.

Expert Analysis

  • Health Care Fraud Lessons For Lawyers Advising Doctors

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    The U.S. Department of Justice's seven recent health care fraud takedowns reflect an overall shift in how this type of fraud works, from doctor-driven to doctor-enabled schemes, says Stephen Lee at Benesch.

  • How To Hire Lateral Partners More Effectively

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    Although lateral partner hiring is the preferred method of inorganic growth among law firms, the traditional approach to vetting does not employ sufficient due diligence by the hiring firm, says Michael Ellenhorn at executive search firm Decipher Competitive Intelligence.

  • Highland Filing Shows Benefits Of Ch. 11 For Hedge Funds

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    Highland Capital Management's Chapter 11 filing last month illustrates how a bankruptcy filing can provide additional advantages when investors are not a hedge fund’s only creditors, as in the aftermath of fraud allegations or market dislocations, say attorneys at Cleary. 

  • The Coming Storm Of Biometric Privacy Laws: How To Comply

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    To respond to the rapidly evolving legal landscape, companies that incorporate biometric data into their business practices can take several steps to minimize the risk of privacy litigation exposure, say Jeffrey Rosenthal and David Oberly of Blank Rome.

  • Record Spoofing Settlement Provides Guidance For Traders

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    A record $67.4 million settlement the U.S. Department of Justice and the Commodity Futures Trading Commission recently negotiated with Tower Research Capital over alleged futures market spoofing offers commodities traders enforcement and compliance guidance, and reflects increasing coordination among regulators, say Charley Mills and Matt Kulkin at Steptoe & Johnson.

  • How Increased Stays Pending IPR May Affect Venue Choice

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    A little over one year after the U.S. Supreme Court’s decision in SAS Institute v. Iancu, data show a 5% increase in district court-granted stays of litigation pending inter partes review, and the grant rate disparities may influence new patent filings toward certain venues and defendants facing patent infringement claims toward others, say attorneys at Armond Wilson.

  • The Coming Storm Of Biometric Privacy Laws: What To Expect

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    While there are only three state biometric privacy laws on the books, there is a growing trend of states' introducing biometric privacy bills, many of which feature far-reaching private right of action provisions that would substantially increase the level of regulatory and litigation risk, say Jeffrey Rosenthal and David Oberly of Blank Rome.

  • Can State Laws One-Up SEC’s Regulation Best Interest?

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    Because the U.S. Securities and Exchange Commission has punted on whether Regulation Best Interest will preempt state broker-dealer conduct standards, state laws may face challenges under the doctrines of conflict preemption, as well as limitations from the federal securities laws, say attorneys at Williams & Jensen.

  • FERC Orders Advance Grid Operators' Energy Storage Plans

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    The Federal Energy Regulatory Commission recently approved two regional transmission organizations' energy storage proposals. But full integration of storage resources into the wholesale market will be complex — and ongoing litigation could force FERC to change its approach, say attorneys at Greenberg Traurig.

  • Texas Could Take Page From Mass.'s Judicial Selection Book

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    As Texas and other states review their judicial election processes, they would be well served by taking guidance from Massachusetts' Governor’s Council system, which protects the judiciary from the hazards of campaigning, says Richard Baker of New England Intellectual Property.

  • Federal Laws Continue To Hinder State Sports Betting Trend

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    Even as Colorado last week joined a growing wave of states legalizing sports betting, federal laws designed to assist states in gambling enforcement remain a roadblock to commonsense legislation and state cooperation in this area, says Dennis Ehling of Blank Rome.

  • Revised USPTO Trial Practice Guide Leans Pro-Patent Owners

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    The U.S. Patent and Trademark Office recently released its updated Trial Practice Guide, which includes several policy changes that tip the scales toward patent owners and make the PTAB less attractive than district courts for litigating patent validity, says Brian Berliner of O’Melveny.

  • Series

    Judging A Book: McKeown Reviews 'Conversations With RBG'

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    Reading Jeffrey Rosen’s "Conversations With RBG: Ruth Bader Ginsburg on Life, Love, Liberty, and Law" is like eavesdropping on the author and his subject while they discuss how the restrained judicial minimalist became the fiery leader of the opposition, says Ninth Circuit Judge M. Margaret McKeown.

  • Legislative Trends May Kill Texas Employer Cannabis Tests

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    Following recent legislative developments — such as a Texas law that expands patient access to medical marijuana and proposed amendments to the federal Controlled Substances Act — many Texas employers are questioning whether to continue cannabis testing because it has become somewhat problematic, says Stephen Roppolo at Fisher Phillips.

  • State Net

    States' Vaping Bans Face Legal Hurdles

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    With a still-developing outbreak of lung injuries linked to vaping, and e-cigarette bans in some states already blocked by courts, regulatory maneuvering over this issue is likely to be a major policy concern in the months to come, says Dave Royse of State Net Capitol Journal.