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Texas

  • May 17, 2019

    Texas Judge Backs Broad DOJ Authority To End FCA Suits

    A Texas federal judge on Thursday recommended the dismissal of False Claims Act suits accusing Eli Lilly and Bayer of providing kickbacks to doctors in the form of various assistance services, saying the U.S. Department of Justice has "virtually unfettered" dismissal authority in whistleblower FCA cases.

  • May 17, 2019

    Texas High Court Allows Taking Of Developer's Land For Road

    A divided Texas Supreme Court said on Friday the City of Rowlett, Texas, had the authority to condemn land owned by a private developer even though the move helped a rival developer and a private business, deciding that there was a valid public use driving the decision.

  • May 17, 2019

    Cubic Energy Successor's Ch. 11 Debt Swap Plan Gets OK'd

    Bankrupt oil and gas exploration company Hilltop Energy LLC received court approval Friday in Delaware for its proposed schedule seeking rapid confirmation of its $53 million debt-for-equity swap.

  • May 17, 2019

    Vantage Gets $720M Petrobras Award OK'd By Texas Court

    A Texas federal judge on Friday confirmed a $720 million arbitral award issued to Vantage Deepwater Co. following a dispute with Petrobras over a canceled drilling contract, rejecting arguments that the tribunal had failed to properly consider whether the contract was procured through bribery.

  • May 17, 2019

    Don't Reduce Arbitration To 'Sham' Proceeding, 5th Circ. Told

    China’s state-run aerospace corporation again told the Fifth Circuit on Thursday to overturn the confirmation of a $70 million award over a soured joint venture, arguing that the prevailing companies' perspective would turn arbitrations into “sham proceedings.”

  • May 17, 2019

    CBP Outlines Futile Hunt For Wall Contract From Trump Tweet

    The American Civil Liberties Union of Massachusetts has received a declaration under oath from U.S. Customs and Border Protection outlining the agency's fruitless search for evidence of a supposed "115-mile long" border wall contract that President Donald Trump referenced in a tweet on Christmas Eve.

  • May 17, 2019

    8 Firms Steer 5 IPOs Topping $1B Led By Diamondback Unit

    Eight firms will lead five initial public offerings that could raise more than $1.1 billion in combined proceeds during the week of May 20, led by a Diamondback Energy subsidiary's IPO and joined by smaller offerings among blank check and biotechnology companies.

  • May 17, 2019

    Nurses Were Paid Hourly, Not On Salary, Texas Justices Say

    A Texas hospital never intended to pay four nursing supervisors an annual salary instead of an hourly wage, and therefore didn't short them on income, the state's highest court held Friday.

  • May 17, 2019

    5th Circ. Wants Redo Of Law Funder's $3M Award Against Atty

    A Fifth Circuit panel has tossed nearly $3 million in damages a litigation financing firm won after an attorney it hired failed to disclose his close ties to a judge in an underlying divorce case, finding a Texas federal court erred in its calculations.

  • May 17, 2019

    Texas Justices Side With Time Warner In Utility Fees Row

    The Texas Supreme Court said Friday that San Antonio's municipal utility charged discriminatory utility pole attachment fees to Time Warner Cable Texas LLC by collecting lower fees from AT&T Inc. despite billing both companies the same price for access.

  • May 16, 2019

    Ex-Citgo Exec Says She Was Fired Over Kickback Refusal

    The former vice president of human resources for Citgo has sued the oil giant, alleging she was fired by its then-chief executive officer in 2017 after refusing to participate in three illegal kickback schemes.

  • May 16, 2019

    Texas Appeals Court Awards Equistar Nothing In Pumps Suit

    A Texas appellate court said Thursday that neither Equistar Chemicals nor pump-maker ClydeUnion can recover any damages in a dispute over allegedly faulty ethane pumps, wiping out a lower court's $151,000 award to ClydeUnion because of a litigation cost offset.

  • May 16, 2019

    5th Circ. Revives MD’s Securities Suit Against Ex-Biz Partner

    The Fifth Circuit has revived a Texas neurosurgeon's attempt to go after his former financial partner for allegedly violating federal securities law by promising their business venture would net $190 million when it only turned up $11 million, saying a lower court overlooked a threshold issue about whether a security even existed.

  • May 16, 2019

    Jiffy Lube Worker Wants No-Poach Case Kept In Pa.

    A former Jiffy Lube worker explained to a Pennsylvania federal court that he filed his suit challenging no-poach provisions in the company's franchise agreements in the district where the pacts prevented him from both "coming and going" and that the case should not be transferred to Texas.

  • May 16, 2019

    Fed. Circ. Didn't Create 'Physical Realm' Test, Justices Told

    The Federal Circuit never created a test to bar patents for inventions not in the "physical realm," so the U.S. Supreme Court has no reason to take up a case challenging that test, SAP America Inc. told the justices Wednesday.

  • May 16, 2019

    US Can Enforce IRS Summons For Law Firm's Client Identities

    The U.S. can enforce an Internal Revenue Service summons for client information from the Taylor Lohmeyer Law Firm because the firm failed to show attorney-client privilege protected the information, a Texas federal court found.

  • May 16, 2019

    Atty Off Hook For $400K Counterfeit Check, Texas Court Says

    A split Texas state appellate court ruled Thursday that an attorney who fell victim to a check-fraud scam should not be responsible for the nearly $400,000 he asked his bank to wire from his Cadence Bank account to an account in Japan.

  • May 16, 2019

    FERC Backs Energy Storage Rule Despite State Concerns

    The Federal Energy Regulatory Commission on Thursday largely upheld its landmark rule making a place for energy storage in wholesale electricity markets despite Republican Commissioner Bernard McNamee’s contention that the agency was unlawfully intruding on state authority under the Federal Power Act.

  • May 16, 2019

    Texas Panel Says It Can't Hear Weevil-Infested Pecans Suit

    A Texas appellate panel has dismissed a Canadian confectioner's suit against a Georgia-based nut supplier over weevil-infested pecan bits, determining that Texas courts do not have the authority to rule on the case.

  • May 16, 2019

    Investors Knew Risks Ahead Of $125M Fine, MoneyGram Says

    MoneyGram International Inc. told an Illinois federal court Thursday that it has always been upfront with investors about the costs and challenges of making its anti-fraud and anti-money laundering compliance programs meet the expectations of government regulators, no matter what a securities suit says.

Expert Analysis

  • State Net

    Why States And Cities Are Concerned About Census Accuracy

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    The 2020 census will impact every state, city and county in the United States, because population is a major factor in how the federal government distributes funds. Despite apprehensions about an undercount, there are reasons for optimism about the accuracy of the census, says Lou Cannon of State Net Capitol Journal.

  • Q&A

    A Chat With Gilead Sciences Legal Ops Leader Gary Tully

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    In this monthly series, legal recruiting experts from Major Lindsey & Africa interview legal industry leaders about the increasingly competitive business environment. Here, Rod Osborne talks with Gary Tully, head of legal operations at Gilead Sciences.

  • More Courts Are Applying IPR Estoppel Expansively

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    Recent district court decisions confirm that the broad view of inter partes review estoppel is the prevailing — and perhaps the only — view after the U.S. Supreme Court's 2018 decision in SAS Institute v. Iancu, say Brett Cooper and Kevin Schubert of McKool Smith.

  • Property Insurers: Beware Getting Stuck In Texas State Court

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    Texas federal courts have split over how an election of liability affects property insurers' ability to remove lawsuits from state to federal court. Until the Fifth Circuit weighs in, out-of-state carriers must make timely decisions to avoid being stranded in state court, say Matthew Kolodoski and Harrison Yoss of Thompson Coe.

  • Series

    Why I Became A Lawyer: Completing The Journey Home

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    My mother's connection to her Native American heritage had a major influence on my career — my decision to enter the legal profession was driven by the desire to return to my tribal community and help it in any way I could, says Jason Hauter of Akin Gump.

  • DC Circ. Gives New Meaning To 'Willful' In Securities Statutes

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    The D.C. Circuit’s recent decision in The Robare Group v. U.S. Securities and Exchange Commission drives home the idea that long-accepted interpretations of federal securities laws may be upended when appellate courts take a fresh look at the statutory language, say attorneys at Debevoise & Plimpton.

  • Don't Let License Rules Snuff Out Your Fire Expert

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    Lawsuits involving property damage due to fire often require the retention of an expert to investigate the fire, but testimony can be excluded if the expert lacks the required licenses. Attorneys at Tucker Ellis break down the different licensing requirements for fire scene inspection in all 50 states.

  • Series

    Judging A Book: Wood Reviews 'The Making Of A Justice'

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    Retired U.S. Supreme Court Justice John Paul Stevens' new book, "The Making of a Justice," is required reading for anyone interested in 20th and 21st century America, says Seventh Circuit Chief Judge Diane Wood.

  • State Net

    State Lawmakers Stepping Up Fight Against Insurance Fraud

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    Insurance fraud costs insurers and their policyholders tens of billions of dollars a year. With insurance fraud-related bills introduced in 40 states and enacted in 14 so far this year, state lawmakers seem to agree with the industry that fraud is a major problem, says Korey Clark of State Net Capitol Journal.

  • Getting Out Of Legal Project Management Debt

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    If a client does not demand the application of project management techniques at the start of a matter, or a law firm does not routinely apply them, it is highly likely that additional, avoidable work — legal project management debt — will materialize throughout the matter, says Anthony Widdop of Shearman & Sterling.