Texas

  • July 02, 2020

    Shackelford Adds 6 Winstead Attys In Houston, Dallas

    Shackelford Bowen McKinley & Norton LLP has added to its Dallas and Houston offices six attorneys previously with Winstead PC who work in the areas of intellectual property and corporate law, the firm has announced.

  • July 02, 2020

    NPC International Fields Creditor Questions At Hearing

    The largest Pizza Hut and Wendy's franchisee in the U.S. appeared in a Texas bankruptcy court Thursday alongside its second-lien lenders, who complained about being left out of the talks that produced a restructuring agreement with first-lien lenders.

  • July 02, 2020

    NextEra Fights For $60M Fee From EFH Ch. 11 At 3rd Circ.

    NextEra Energy Inc. urged the Third Circuit on Thursday to revive its bid for $60 million in administrative expenses in connection with a scrapped deal to purchase assets from bankrupt Energy Future Holdings Corp., arguing that it spent the money in reliance on a sale termination fee that was later taken off the table.

  • July 02, 2020

    Uniloc Assails Apple's 'Disingenuous' Bid To Escape WDTX

    Uniloc has hit back at Apple's "disingenuous" attempt to ship a patent case from West Texas to California, telling the Federal Circuit that it is "simply untrue" for the smartphone giant to claim it has no connection to the area when it has 8,000 employees there.

  • July 02, 2020

    The Biggest Energy Rulings Of 2020: Midyear Report

    It's already been a blockbuster year for court decisions affecting the energy sector, with courts ruling on whether climate change-related litigation can proceed as well as weighing in on key permitting and liability issues. Here are some of the most significant energy-related court decisions from the first half of 2020.

  • July 02, 2020

    Texas Licensing Board Wants To Nix July, Sept. Bar Exams

    The Texas Board of Law Examiners, which administers the state's bar exams, voted Thursday in favor of canceling both the July and September in-person exams and replacing them with an October online exam, as the Lone Star State experiences a surge of COVID-19 cases.

  • July 02, 2020

    American Airlines Beats Class Bid In 401(k) Management Suit

    Two former American Airlines workers lost their bid to certify a 20,000-member class in their suit alleging their retirement plan was mismanaged, after a Texas federal judge said certification wasn't necessary since they are suing on behalf of the whole plan.

  • July 02, 2020

    Border Search Of Cellphones May Need Justices' Input

    American travelers are uncertain of what rights they have when border agents ask to search their cellphones, especially after conflicting rulings from circuit courts, and the U.S. Supreme Court may be the only forum where travelers can get certainty.

  • July 02, 2020

    Ex-NFL Player Fights For Jury Trial In ERISA Suit

    A former Kansas City Chief urged a Texas federal judge on Wednesday not to deny him a jury trial in his suit against the NFL player retirement plan that allegedly refused him benefits for physical and mental injuries suffered on the job.

  • July 02, 2020

    Coronavirus Q&A: Texas Hospital Association's GC

    In this edition of Coronavirus Q&A, the Texas Hospital Association's general counsel discusses mounting unease about staffing and capacity, what his group's 500 member hospitals and health systems learned from the pandemic's brutal toll in the Northeast, and efforts to prevent a bad situation in the Lone Star State from getting even worse.

  • July 02, 2020

    Butler Snow Says Timber Scam Contract Favors Arbitration

    The key to determining the correct forum for a case that accuses Butler Snow LLP and its business development subsidiary of helping a now-imprisoned client pull off a massive Ponzi scheme is what the contract doesn't include, the law firm told a Fifth Circuit panel Thursday.

  • July 02, 2020

    Littler Mendelson Attys Say Discovery Snafu Suit Barred

    Four Littler Mendelson PC attorneys facing negligence claims over an alleged discovery misstep that purportedly allowed opposing counsel to expand a labor dispute have asked a judge in Houston to dismiss the lawsuit under a state free speech law, saying the suit stems from their response to a court order.

  • July 01, 2020

    Texas Court Frees US From Widow's Family Separation Suit

    A Texas federal judge freed the Trump administration from an asylum-seeker's suit alleging that its family separation policy led to her husband's suicide in government custody, finding that border agents' decisions to enforce the policy are shielded from judicial review.

  • July 01, 2020

    Most JC Penney Stores Reopened As Ch. 11 Case Proceeds

    Attorneys representing J.C. Penney told a Texas bankruptcy judge Wednesday that its Chapter 11 case is progressing on schedule, and that the retail icon has been able to reopen 831 of its nearly 850 stores as COVID-19 restrictions have been lifted in different parts of the country.

  • July 01, 2020

    5th Circ. Told To Reject Client's Bid For Piece Of Fee Award

    A doctor who blew the whistle on Medicaid fraud is brazenly overreaching by arguing that he is entitled to a share of the attorney fees his lawyer was awarded by a bankruptcy court after a $4 million settlement, the attorney argued to the Fifth Circuit Wednesday.

  • July 01, 2020

    Bitcoin Data Not Covered By 4th Amendment, 5th Circ. Says

    Bitcoin users who use a virtual bank to complete their transactions have no more of an expectation of privacy than brick-and-mortar bank account holders, the Fifth Circuit ruled while rejecting a felon's argument for evidence suppression in his child pornography case.

  • July 01, 2020

    Samsung Averts Texas Trial, Settles Face-Detection IP Case

    Samsung and patent adversary Image Processing Technologies said Wednesday that they have settled a lawsuit over face detection technology, averting a July 6 jury trial before U.S. District Judge Rodney Gilstrap, who earlier this week refused to delay the proceeding despite Texas' spike in coronavirus cases.

  • July 01, 2020

    Houston Firms Sued By Dropped Client In Wrongful Death Suit

    The widow of a 39-year-old man who died after suffering a heart attack at an LA Fitness club has sued two Houston-based law firms alleging they ditched her after two years of working on a wrongful death suit against the gym to represent her late husband's minor children instead.

  • July 01, 2020

    Water Co. Says Centennial Sunk $150M Saltwater Well Deal

    A Texas water management company told a Houston-area court it's the rightful recipient of $10 million in escrow funds from a busted $150 million saltwater disposal well deal with a Centennial Resource Development unit.

  • July 01, 2020

    COVID-19 Sends Top Pizza Hut, Wendy's Franchisee To Ch. 11

    The largest franchisee of Wendy's and Pizza Hut restaurants in the U.S. filed for Chapter 11 protection Wednesday in a Texas bankruptcy court with more than $1 billion in debt, citing the economic uncertainties around the COVID-19 pandemic.

  • June 30, 2020

    Offit Kurman's Forum Argument Gets Malpractice Suit Tossed

    Offit Kurman PA on Tuesday ducked a malpractice suit in Texas federal court in which a Houston-based online furniture store sought over $1 million for alleged bill padding and double-billing, after a judge held the store's owner had agreed any dispute would be litigated in Delaware.

  • June 30, 2020

    Key Senators Want To Add New Federal Judgeships This Year

    The Republican chairman of the Senate Judiciary Committee was joined by the panel's Democrats on Tuesday in calling to create new federal judgeships for the first time in nearly 20 years, but the idea needs broader GOP support to move forward.

  • June 30, 2020

    Wind Farm Owner Says Texas Co.'s Deception Cost It Millions

    A unit of Spanish energy conglomerate Acciona alleged on Tuesday that a Texas wind farm developer lied about securing land needed for a project to make it seem as if the venture was on track when it was actually falling way behind schedule, which cost $7 million to correct.

  • June 30, 2020

    ICE Fights Class Cert. Bid In Detainees' Atty Access Suit

    U.S. Immigration and Customs Enforcement told a New Mexico federal judge that detainees can't bring class claims over their alleged inability to speak with attorneys through free, private calls, arguing that each migrant's case is too particular for class treatment.

  • June 30, 2020

    5th Circ. Won't Revive FedEx Pilot's Suit Over Flight Safety

    The Fifth Circuit on Tuesday refused to revive a FedEx pilot's complaint with the U.S. Department of Labor's Occupational Safety and Health Administration that alleged FedEx violated air-carrier-safety whistleblower protection laws by failing to take seriously his concerns about the potential for terrorists to attack cargo planes.

Expert Analysis

  • Opinion

    Time To Consider Percentage Rental Agreements For Lawyers

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    It has long been the law that attorneys cannot use percentage rental agreements because doing so would constitute an impermissible sharing of fees with nonlawyers, but such arrangements can help lawyers match expenses with revenues in lean times like now, say Peter Jarvis and Trisha Thompson at Holland & Knight.

  • Rebuttal

    The Remote Jury Trial Is Not A Bad Idea

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    A recent Law360 guest article argued that the fundamental genius of the jury trial can only exist in a live setting in a courtroom, but the online process is at least as fair as its in-person counterpart, says Pavel Bespalko at Tricorne.

  • A Guide To West Texas Patent Cases Before Albright: Part 1

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    Patent litigants must become familiar with the unique procedures of the Western District of Texas under Judge Alan Albright, who has already heard 18% of all nationwide patent infringement cases this year and is expected to hear more than 600 complaints by the end of 2020, say attorneys at WilmerHale.

  • What You Say In Online Mediation May Be Discoverable

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    Mediation conducted online with participants in different states makes it harder to determine where communications were made, increasing the risk that courts will apply laws of a state that does not protect mediation confidentiality, say mediators Jeff Kichaven and Teresa Frisbie and law student Tyler Codina.

  • Opinion

    Texas Should Cancel Its 2020 Bar Exam

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    An in-person bar exam in July would pose unacceptable health risks and put applicants at an unfair disadvantage, so the Texas Supreme Court should instead initiate a COVID-19 diploma privilege for this year, say professors Renee Knake and Dave Fagundes at the University of Houston.

  • Arbitration Pact Rulings Show Signature Snags For Employers

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    Two recent appellate opinions highlight the challenges in proving specific employees signed arbitration agreements, but employers can take certain steps to defend such claims and ensure enforcement, say Ryan Glasgow and Tyler Laughinghouse at Hunton.

  • EPA Limits On States' Project Reviews Likely To Face Lawsuits

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    The U.S. Environmental Protection Agency's recently announced rule limiting the scope of states' reviews of planned energy infrastructure projects will likely mean more litigation between states and the federal government — and more uncertainty for businesses and other stakeholders, says Philip Sholtz at Goldberg Segalla.

  • 10 Tips For A Successful Remote Arbitration Hearing

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    As I learned after completing a recent international arbitration remotely, with advance planning a video hearing can replicate the in-person experience surprisingly well, and may actually be superior in certain respects, says Kate Shih at Quinn Emanuel.

  • Opinion

    To Achieve Diversity, Law Firms Must Reinvent Hiring Process

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    If law firms are truly serious about making meaningful change in terms of diversity, they must adopt a demographically neutral, unbiased hiring equation that looks at personality traits with greater import than grades and class rank, says Thomas Latino at Florida State University College of Law.

  • Virus, Regs Highlight Need For Model State Whistleblower Law

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    The North American Securities Administrators Association's recently proposed model state whistleblower law could be a timely weapon against securities misconduct in light of the new and unique opportunities COVID-19 presents for fraudsters, and certain federal registration exemptions that may soon be relaxed, says attorney Patrick McCloskey.

  • Cybersecurity Steps For Law Firms Amid Heightened Risks

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    With large swaths of the population indoors and primarily online, cybercriminals will be able to exploit law firms more easily now than ever before, but some basic precautions can help, says Joel Wallenstrom at Wickr.

  • Vexing PTAB Apple Decision May Overtax West Texas Court

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    The Patent Trial and Appeal Board's recent precedential Apple v. Fintiv decision, denying inter partes review based on parallel district court proceedings, is contrary to congressional intent and could burden burden federal courts that promise a faster time to trial like the Western District of Texas, say Harper Batts and Chris Ponder at Sheppard Mullin.

  • Opinion

    It's Time For Law Firms To Support Work-From-Home Culture

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    Now that law firms are on board with fully remote work environments, they must develop policies that match in-office culture and align partner and associate expectations, says Summer Eberhard at Major Lindsey.

  • Opinion

    Republicans Keep Confirming Unqualified Judicial Nominees

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    What emerges from the group of 200 federal judges confirmed by the Senate under President Donald Trump is a judiciary stacked with young conservative ideologues, many of whom lack basic judicial qualifications, says Sen. Dianne Feinstein, D-Calif., ranking member of the Senate Judiciary Committee.

  • Tips For Crafting The Perfect Law Firm Alert

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    As lawyers have had more time to write in recent weeks, the number of law firm alerts has increased massively, but a lot of them fail to capture readers and deliver new business, says Richard Torrenzano at The Torrenzano Group.

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