Texas

  • September 23, 2019

    Graham Says 5th Circ. Pick Safe Despite GOP Concerns

    The chairman of the Senate Judiciary Committee predicted Monday that a Fifth Circuit nominee will win confirmation despite criticism of his conservative credentials by GOP senators, including Ted Cruz of Texas, whose declared opposition could sink the nomination if another Republican committee member joins him.

  • September 23, 2019

    Polsinelli Uses Stories To Lead Jack Henry To Alice Trial Win

    By crafting a concise theme and focusing jurors' attention on a simplified set of issues, Polsinelli PC helped Jack Henry & Associates defeat a $14 million patent suit over electronic check deposit technology, highlighted by a finding the patent is invalid under the Supreme Court's Alice test because it covers only an abstract idea.

  • September 23, 2019

    Texas AG's Defense Attorney Joins Squire Patton Boggs

    Squire Patton Boggs LLP announced Monday that it has lured a prominent criminal defense attorney away from the firm he founded to join its Houston office, where he’ll continue defending Texas’ attorney general against felony securities fraud charges.

  • September 23, 2019

    Mortgage Cos. Ask Full 5th Circ. To Revisit $298M FCA Verdict

    Two mortgage loan companies want the full Fifth Circuit to rehear their appeal of a nearly $300 million judgment arising from alleged federal loan insurance fraud during the mortgage crisis, saying the original appeals panel twisted a causation standard.

  • September 23, 2019

    Gov't Wins Trial In Suit Over Texas VA Surgery

    A Texas federal judge on Monday cleared the federal government of liability in a suit accusing a Veterans Affairs surgeon of causing a patient's nerve damage, finding the patient, a long-haul truck driver, had preexisting and long-term nerve damage due to his job.

  • September 23, 2019

    PTAB Won't Reconsider Decision To Review Streaming Patent

    The Patent Trial and Appeal Board shot down MV3 Partners' request to reconsider its decision to review a patent covering a mobile set top box, saying it could find no clear error in its reasoning to institute inter partes review.

  • September 23, 2019

    TechnipFMC Settles SEC's Bribery Claims For $5M

    French oil and gas company TechnipFMC PLC agreed to pay more than $5 million to the U.S. Securities and Exchange Commission to settle claims the business bribed Iraqi government officials, according to an administrative proceeding filed by the regulator Monday.

  • September 23, 2019

    Fraud Suit Against Football Startup Sent To Bankruptcy Court

    A Texas federal judge sent a lawsuit that accuses the now-defunct Alliance of American Football of misleading players about its financial state to the bankruptcy court overseeing the league’s reorganization, saying Monday the suit is related to the Chapter 11 case.

  • September 23, 2019

    Real Estate Rumors: Mirae, Claremont, Equus Capital

    A Mirae Asset Global Investments venture is reportedly hoping to sell a Chicago tower for $245 million, Claremont Cos. is said to have sold a Florida hotel for $44 million and Equus Capital has reportedly landed $72.1 million for a Texas office campus.

  • September 23, 2019

    Beck Group Construction Boss Gets 5 Years For $3.4M Theft

    A project manager who embezzled $3.4 million from Beck Group during construction of a $40 million hotel in downtown Houston was sentenced on Monday to five years in prison by a Texas federal judge.

  • September 23, 2019

    Texas High Court Won't Weigh Drunk-Driving Coverage Row

    The Fifth Circuit refused Monday to seek the Texas Supreme Court's input on whether a drunken driving crash qualifies as an “accident” under a liability insurance policy, leaving intact its July ruling that Cincinnati Insurance Co. must cover a punitive damages award against an insured driver who hit another vehicle while intoxicated.

  • September 20, 2019

    King & Spalding Adds Former DOI Attorney In DC

    King & Spalding LLP brought on board a former U.S. Department of the Interior senior counselor who also has a background in private practice, adding an experienced partner to the firm's government matters group.

  • September 20, 2019

    DOL Says Texas Construction Co. Can't Hire H-2B Workers

    The U.S. Department of Labor won't allow a Texas construction company to hire H-2B workers, finding it hadn't shown it needed the extra help to supplement, rather than replace, its permanent workforce.

  • September 20, 2019

    King & Spalding Adds Ex-Hunton Andrews Litigator In Texas

    King & Spalding LLP has added to its ranks a business litigator who previously served as managing partner of Hunton Andrews Kurth LLP’s Austin, Texas, office, the firm has announced.

  • September 20, 2019

    Building Owner Wants Insurer Suit Over Stabbings Tossed

    A Houston building owner has asked a federal court to toss an insurer’s bid to escape liability for a double stabbing in an apartment complex, arguing that the RLI Corp. unit is making a stingy read of Texas insurance law.

  • September 20, 2019

    Court Will Redo Damages Interest In Deutsche RMBS Suit

    A Texas federal court agreed on Thursday to rethink its 2017 ruling that determined the interest rate for calculating damages in the Federal Deposit Insurance Corp.'s suit over Deutsche Bank Securities Inc.'s sale of shoddy residential mortgage-backed securities.

  • September 20, 2019

    Baker Botts Scores 2 Ex-Gov't Attys In NY, Texas

    Baker Botts LLP has added a pair of former government attorneys to its white collar and energy regulatory practices, a former assistant U.S. attorney in the Southern District of New York and an ex-deputy general counsel at the U.S. Department of Energy.

  • September 20, 2019

    Corn Dog Co. Sticks Estranged Family's Rival Biz With IP Suit

    The owners of a corn dog stand famously associated with the Texas State Fair are suing estranged family members for allegedly using a shortened version of the brand's name to promote their own corn dogs despite having no connection to the company.

  • September 20, 2019

    Contractor Says Equistar Owes $30M For Texas Plant Project

    Performance Contractors Inc. has hit a Lyondell Chemical Co. subsidiary with a suit in Texas state court, claiming the subsidiary stiffed the Louisiana construction company out of more than $30 million for work it did building a polyethylene plant at a Texas manufacturing complex. 

  • September 20, 2019

    Taxation With Representation: Simpson, Latham, Baker

    In this week’s Taxation with Representation, home technology company Vivint Smart Home makes a $5.6 billion merger, Energy Transfer nabs SemGroup for $5.1 billion, and Danish drugmaker Lundbeck makes a $2 billion pharmaceutical deal.

  • September 20, 2019

    McDermott Int'l Weighs Options For $2.5B Lummus Tech Biz

    McDermott International Inc. said Friday that it has received unsolicited takeover interest for its Lummus Technology business, which could be worth more than $2.5 billion in a deal, and the Houston-based engineering and construction company is mulling whether to sell the unit.

  • September 19, 2019

    Sausage Biz's Coverage Suit Over Hacker Scam Still Cooking

    A Texas federal judge has ruled that Twin City Fire Insurance Co. wrongfully denied coverage to Quality Sausage Co. and its subsidiary after a hacker tricked an employee into transferring $1 million out of a client's bank account, ruling that the insurer "breached a duty that it owed."

  • September 19, 2019

    TMZ Tells Texas Panel To End Ex-Dallas Cowboy's Libel Suit

    Because a former Dallas Cowboys linebacker sued celebrity news site TMZ alleging it published a libelous story that he tried to have his agent killed without first asking the website to issue a correction, retraction or clarification, the suit must be dismissed, the Texas Supreme Court was told in oral arguments Thursday.

  • September 19, 2019

    Fed. Circ. Wipes Out Chrimar's Win After PTAB Axes Patents

    The Federal Circuit on Thursday wiped out Chrimar’s trial win over ALE USA Inc. in a patent case involving Ethernet technology, finding more recent Patent Trial and Appeal Board decisions invalidating parts of the patents “must be given effect.”

  • September 19, 2019

    Bathroom Break Shouldn't Nix Jury Trial, Texas Panel Says

    A lower court judge should not have canceled a jury trial because an attorney in the case left court to go to the bathroom shortly before a pretrial hearing was called, a Texas appeals court ruled Thursday.

Expert Analysis

  • Series

    Pursuing Wellness: Steps Toward A Supportive Firm Culture

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    As an early advocate of the American Bar Association's year-old well-being pledge, we launched an integrated program to create and sustain a supportive workplace culture with initiatives focused on raising mental health awareness, embracing creativity and giving back to the community, says Casey Ryan at Reed Smith.

  • Series

    Pursuing Wellness: Mental Health Education As A Firm Priority

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    Our firm drives a holistic concept of well-being through educational opportunities, such as a series of expert-led workshops intended to address mental health and substance abuse issues that we vowed to fight when we signed the American Bar Association's well-being pledge one year ago, says Krista Logelin at Morgan Lewis.

  • State Net

    Comparing States' Preparations For An Economic Downturn

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    Statistics indicate that many states have learned lessons from the Great Recession, and are better prepared for the next recession. Those that are not setting aside money to see them through the inevitable fiscal crisis would be wise to start saving for a rainy day, says Lou Cannon of State Net Capitol Journal.

  • Series

    Pursuing Wellness: A Firm's Work With Mental Health Experts

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    Signing the American Bar Association's well-being pledge last year was a natural progression of our firm's commitment to employee wellness, which has included developing partnerships with professionals in the mental health space to provide customized programming to firm attorneys and staff, say Annette Sciallo and Mark Goldberg at Latham.

  • Series

    Pursuing Wellness: When A Firm Brings Counseling On Site

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    One year ago, our firm signed the American Bar Association's well-being pledge and embraced a commitment to providing on-site behavioral health resources, which has since become a key aspect of our well-being program, say Meg Meserole and Kimberly Merkel at Akin Gump.

  • Henry Schein Case Illuminates Maze Of Arbitrability Questions

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    While the U.S. Supreme Court’s Henry Schein decision strengthens the enforceability of arbitration provisions, the Fifth Circuit’s ruling on remand concerning arbitrability authority, exemplifies a need for careful drafting of arbitration clauses, say Andrew Behrman and Brandt Thomas Roessler at Baker Botts.

  • Series

    Pursuing Wellness: Inside A Firm Meditation Program

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    After our firm signed the American Bar Association’s well-being pledge one year ago, we launched two key programs that included weekly meditation sessions and monthly on-site chair massages to help people address both the mental and physical aspects of working at a law firm, says Marci Eisenstein at Schiff Hardin.

  • 5th Circ. Ruling Offers Map For Avoiding Daily Rate OT Claims

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    At first glance, it's no surprise that in U.S. Shale Solutions v. Faludi the Fifth Circuit rejected overtime claims from a highly compensated lawyer turned consultant, but the facts of the case and the court’s analysis provide guidance on whether daily rates can give rise to overtime lawsuits, says Debra Friedman at Cozen O’Connor.

  • Early Sampling Of Electronic Info Is Underutilized In Discovery

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    The early and prompt provision of samples from all electronically stored information sources as a part of ESI protocol search methodology is consistent with the Federal Rules of Civil Procedure and may allow for significant cost savings during discovery, says Zachary Caplan at Berger Montague.

  • CFPB Remittance Rule Fine Spotlights Cash-Transfer Conduct

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    The U.S. Consumer Financial Protection Bureau's first-ever enforcement action for violations of the law governing money-transfer services offers a good reminder of these businesses' compliance obligations, including the option to self-report, say Kara Kuchar and Donald Mosher at Schulte Roth.

  • State Net

    How Online Wagers Are Shaping States' Sports Betting Regs

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    Just over a year after the U.S. Supreme Court legalized sports betting nationwide, the industry is seeing an explosion of activity online, but the influence of entrenched gambling interests means that some states are only allowing bets to be placed in person at casinos and racetracks, says Dave Royse of State Net Capitol Journal.

  • The Factors Courts Consider In Deposition Location Disputes

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    In the absence of a federal rule governing deposition location, federal courts are frequently called on to resolve objections to out-of-state deposition notices. Recent decisions reveal what information is crucial to courts in making the determination, says Kevin O’Brien at Porter Wright.

  • What To Consider Before Filing For A Rule 57 Speedy Hearing

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    Federal Rule of Civil Procedure 57 and its state counterparts provide a method for expediting claims for declaratory judgment that warrants closer attention than it has historically received from litigants and courts, say attorneys at Gibson Dunn.

  • Key US Tax Rules For Foreign Athletes And Entertainers

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    When Canadian Bianca Andreescu won the 2019 U.S. Open, she probably wasn’t thinking about how that affected her taxes, but it is increasingly critical for foreign athletes and entertainers to become educated regarding the United States’ taxation of their income, say Jason Dimopoulos and Thomas Linguanti at Morgan Lewis.

  • Series

    Why I Became A Lawyer: Expanding The Meaning Of Diversity

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    My conservative, Catholic parents never skipped a beat when accepting that I was gay, and encouraged me to follow my dreams wherever they might lead. But I did not expect they would lead to the law, until I met an inspiring college professor, says James Holmes of Clyde & Co.