Texas

  • May 13, 2021

    Petroleum Group Says Highly Paid Rig Worker Is OT Exempt

    The Independent Petroleum Association of America urged the Fifth Circuit to rule that a highly paid rig worker is not entitled to overtime, arguing that the industry's economic vitality hinges on day rate workers remaining exempt.

  • May 13, 2021

    EnLink Drops Bid To Block Payment For Undelivered Gas

    A unit of Dallas-based energy company EnLink Midstream Partners LP has dropped its state court suit accusing Tenaska Inc. of wrongfully pursuing payment for gas that was never delivered during February's deadly and destructive winter storm.

  • May 13, 2021

    Texas Doctor Escapes Late-Filed Back Surgery Suit On Appeal

    A Texas appellate court has reversed a trial court's decision to allow a medical malpractice lawsuit over a failed spinal cord stimulator implantation surgery to proceed, finding that the patient missed the deadline to sue.

  • May 13, 2021

    Life Sciences Real Estate Boom May Outlast Logistics Rush

    While the rapid growth of e-commerce has generated much buzz around a robust logistics property market as retailers gobble up distribution space, life sciences real estate is also booming, and experts say the sector has the potential to outlast logistics and remain attractive for some time. Here are three things to watch amid the life sciences boom.

  • May 13, 2021

    EEOC Urges 5th Circ. To Jumpstart Worker's Retaliation Suit

    The U.S. Equal Employment Opportunity Commission told the Fifth Circuit that a district court judge was wrong to put the kibosh on a construction worker's retaliation suit, saying the appeals court had relied on faulty precedent that was at odds with the nation's highest court.

  • May 13, 2021

    Howard Hughes Corp. Lands $83M Loan For Maryland Project

    Texas-based real estate firm The Howard Hughes Corp. has landed $82.57 million in financing for a Columbia, Maryland, mixed-use project, according to an announcement on Thursday from borrower-side broker Jones Lang LaSalle.

  • May 13, 2021

    Pro Hac Trouble For Dallas Firm Triggers Wave Of Withdrawals

    The revelation that a Texas plaintiff lawyer made a faulty disclosure to an Iowa court on an out-of-state practice application has triggered a wave of withdrawals by her and other Dean Omar Branham Shirley LLP lawyers.

  • May 13, 2021

    Foster LLP Jumps Into Dallas Market With Acquisition

    Immigration boutique firm Foster LLP has acquired Elise Healy & Associates PLLC, marking its first plunge into the Dallas market.

  • May 13, 2021

    5th Circ. Won't Reboot T-Mobile Ex-Worker's Trans Bias Case

    The Fifth Circuit won't revive a former T-Mobile store worker's suit claiming his transgender status motivated the telecommunications giant to fire him after he took six months off and requested indefinite medical leave, saying the employee hadn't linked his ousting to his gender.

  • May 12, 2021

    Amazon 'Annihilated' Evidence In Patent Suit, Tech Cos. Say

    Amazon has admitted it systematically "annihilated" all evidence over the first six years of a Texas federal court suit accusing the online retail giant of infringing networking patents, the tech companies suing it claimed Wednesday in a bid for sanctions.

  • May 12, 2021

    Insurer Avoids Paying For Texas Hospital's COVID Losses

    The Continental Casualty Co. won't have to pay a Texas hospital for pandemic losses after a federal judge found that the hospital didn't suffer the kind of physical loss or damage required for coverage under its policy.

  • May 12, 2021

    AT&T Beats Call Center Worker's 'Identical' Overtime Suit

    A Texas federal judge on Tuesday tossed a former call center employee's suit alleging that AT&T Services Inc. violated federal labor law when it didn't pay him for overtime, saying the claim is "virtually identical" to the employee's previous suit.

  • May 12, 2021

    Texas Can't Defend DeVos' Sexual Assault Rule

    Texas can't intervene in a lawsuit challenging rules implemented by the U.S. Department of Education and its former secretary, Betsy DeVos, that limit schools' responsibility to investigate sexual harassment claims under Title IX, a Massachusetts federal judge ruled Wednesday.

  • May 12, 2021

    Texas Panel Revives TitleMax's Payday Loan Rules Challenge

    A Texas appellate court has revived TitleMax of Texas Inc.'s lawsuit against the city of Austin challenging ordinances that place restrictions on payday loans and repayment plans, pointing to a recent Texas Supreme Court decision it said cleared the way for the suit to proceed.

  • May 12, 2021

    Ad Agency Wants To Revive Beef With NRA After Ch. 11 Toss

    The National Rifle Association's former advertising agency asked a Texas federal court on Wednesday to lift a stay on its defamation counterclaim against the group, lodging the request one day after a Texas bankruptcy judge tossed the NRA's Chapter 11 case.

  • May 12, 2021

    Del. Justices Warned Of 'Frankenstein' Risk In Appraisal Fight

    An attorney for stockholders fighting a Delaware Chancery Court finding that they signed away rights to a post-merger stock appraisal before an allegedly lowball sale told Delaware's Supreme Court on Wednesday that failure to reverse the decision could lead to the creation of "Frankenstein corporations."

  • May 12, 2021

    Chesapeake's Ch. 11 Deal On Royalty Suits Approved In Texas

    A Texas bankruptcy judge approved a deal Tuesday that resolves about $150 million in claims levied against reorganized debtor Chesapeake Energy by landowners who say they were underpaid on royalty obligations owed by the debtors.

  • May 12, 2021

    Key Maker Seeks Retrial After KeyMe IP Win

    A key duplication technology patent holder has asked a Texas federal court for a new trial over claims a rival infringed six of its patents, arguing a jury was incorrectly instructed on the meaning of certain claim terms.

  • May 12, 2021

    Albright Told 'Egregiously Improper' Testimony Merits Retrial

    A company that failed to persuade a Western District of Texas jury that Roku Inc. infringed its interactive TV patents is asking for a new trial, saying that Roku presented "egregiously improper" testimony that purportedly "shocked" U.S. District Judge Alan D. Albright.

  • May 12, 2021

    Fed. Circ. Revives Calif. Patent Litigation In Jurisdiction Fight

    The Federal Circuit breathed new life into software company Trimble Inc.'s suit asking a court to rule that it didn't infringe opponent PerDiemCo's electronic logging and geofencing technology patents, finding Wednesday that a California federal court had authority to hear the case.

  • May 12, 2021

    Trucking Co. Liability Changes Head To Full Texas Senate

    Commercial motor vehicle companies operating in Texas would receive greater protection from frivolous accident lawsuits under a legislative proposal sent to the full state Senate on Wednesday, a step supporters say is important in stemming massive increases in insurance premiums in the industry.

  • May 12, 2021

    Winston & Strawn Nabs Thompson & Knight Corporate Duo

    Winston & Strawn LLP has picked up two former Thompson & Knight LLP corporate partners in Houston experienced in working with special-purpose acquisition vehicles and other capital markets entities, the firm said Wednesday.

  • May 12, 2021

    Texas Panel Upholds Walgreens' Early Win In Injury Suit

    A split Texas appellate panel has affirmed Walgreen Co.'s defeat of a personal injury suit brought by a customer who slipped and fell in the drugstore, rejecting arguments that deleted video evidence should have precluded an early end to the suit.

  • May 12, 2021

    Judge Ends Discovery War In Baylor Sexual Assault Suit

    A Texas federal judge Tuesday chided Baylor University for "disproportionately" fixating on discovery in a Title IX suit challenging its response to sexual assault reports, saying it's "far past time" to move on from a yearslong document production battle and go to trial.

  • May 12, 2021

    Latham, V&E Steer SPAC Deal For $2.3B Electric Scooter Co.

    Electric scooter startup Bird will hit the public markets at an enterprise value of $2.3 billion by merging with a special purpose acquisition company, in a deal put together with assistance from respective legal advisers Latham and Vinson & Elkins, the companies said Wednesday.

Expert Analysis

  • Uniformity Goal Eludes Defend Trade Secrets Act, 5 Years On

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    Five years after the enactment of the Defend Trade Secrets Act, work remains to be done on achieving uniformity across jurisdictions, because state law differences being imported into the DTSA are creating the same patchwork of law the act was intended to rectify, say attorneys at MoFo.

  • Judge's Rebuke Of Mass. AG Has Lessons For All Attorneys

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    A Massachusetts federal judge’s recent rebuke of the state Attorney General’s Office for refusing to respond to discovery requests in Alliance for Automotive Innovation v. Healey highlights six important considerations for attorneys who want to avoid the dreaded benchslap, say Alison Eggers and Dallin Wilson at Seyfarth.  

  • How 5-Year-Old Defend Trade Secrets Act Has Met Its Goals

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    Case law and data reveal that, five years after its enactment, the Defend Trade Secrets Act has opened up federal courts to litigants and has proven effective against extraterritorial misappropriation, while concerns about inconsistency and overuse of ex parte seizures have not borne out, say attorneys at Crowell & Moring.

  • Font Considerations To Give Your Legal Briefs An Edge

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    Following the D.C. Circuit’s recent notice discouraging use of the font Garamond in legal briefs, Jason Steed at Kilpatrick looks at typeface requirements and preferences in appellate courts across the country, and how practitioners can score a few extra brief-writing points with typography.

  • Make Profitability Management Part Of Your Law Firm Culture

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    As the legal industry continues to change in the post-pandemic world, law firms should adapt to client demands by constantly measuring and managing the profitability of their services, says Joseph Altonji at LawVision.

  • 4 Trends In Discoverability Of Litigation Funding Documents

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    Recent rulings shed light on how courts and international arbitration tribunals decide if litigation funding materials are discoverable and reaffirm best practices that attorneys should follow when communicating with funders, say Justin Maleson at Longford Capital and Michele Slachetka and Christian Plummer at Jenner & Block.

  • Cannabis Legalization's Effects On Insurance Industry

    Excerpt from Practical Guidance
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    Resolution of the legal uncertainty presented by the dueling federal and state approaches to cannabis will pave the way for legal cannabis businesses to access the insurance protections the industry needs for everything from workers' compensation to auto insurance to general liability, says Christy Thiems at the American Property Casualty Insurance Association.

  • 7 Lessons For Young Lawyers Starting Their Careers

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    This year's law graduates and other young attorneys must recognize that the practice of law tests and rewards different skills and characteristics than law school, and that what makes a lawyer valuable changes over time, says Vernon Winters, retired partner at Sidley.

  • COVID Eviction Bans May Not Continue To Survive In Court

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    State and local moratoriums against evictions during the pandemic are likely to withstand plaintiffs' constitutional challenges in the short term, but plaintiffs may start to see more success as time goes on, say attorneys at Goodwin.

  • Demystifying The Virtual Civil Jury Trial Experience

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    A year into many pandemic-induced court closures, attorneys at Dechert examine the successful transition to virtual civil jury trials in product liability cases, highlight some of the positive attributes of virtual proceedings and identify factors to consider for successfully trying cases with virtual components.

  • Texas Tax Talk: Sales Tax Sourcing And Court Access Issues

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    Texas taxpayers should focus on two consequential tax policy developments from this legislative session: the insufficient response to the Texas Comptroller of Public Accounts' controversial local sales tax sourcing regulation, and how changes to administrative appeal procedures may affect access to courts, say attorneys at Baker Botts.

  • Hedonic Regression Shows Promise For Modeling IP Damages

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    VLSI's recent $2.18 billion patent infringement damages award against Intel in a Texas federal court relied on hedonic regression analysis for modeling patent value, which looks compelling because it allows plaintiffs' experts to value infringed patents' critical benefits, say Richard Kamprath and Abigail Clark at McKool Smith.

  • Water Rule Reinstatement Shows Specific Objections Are Key

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    The Tenth Circuit's recent lifting of an injunction against the federal Navigable Waters Protection Rule in Colorado offers lessons for litigants seeking relief against an agency rule — including the importance of avoiding general allusions of harm that lack specificity or imminence, say attorneys at Gibson Dunn.

  • The Pandemic's Bright Spots For Lawyers Who Are Parents

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    The COVID-19 crisis has allowed lawyers to hone remote advocacy strategies and effectively represent clients with minimal travel — abilities that have benefited working parents and should be utilized long after the pandemic is over, says Chelsea Loughran at Wolf Greenfield.

  • Opinion

    Revise Mansfield Diversity Mandates To Also Benefit Veterans

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    The well-intentioned efforts and salutary purposes of the legal industry's Mansfield Rule diversity metric are tainted by the Diversity Lab initiative's omission of veterans, who are underrepresented at large law firms and entitled to advantageous treatment based on more than 200 years of public policy, says Robert Redmond at McGuireWoods.

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