Texas

  • April 09, 2020

    Preston Hollow Gets No Relief For Nuveen's 'Lies'

    A Delaware vice chancellor on Thursday ruled that financial industry giant Nuveen LLC used “threats and lies” to harm competitor Preston Hollow Capital LLC, but he granted no relief for the bad acts, saying the Chancery Court cannot provide the equitable relief Preston Hollow sought.

  • April 09, 2020

    Oxy Hit With $1.7M Suit Over Intersected Texas Well

    Occidental Petroleum Corp. negligently drilled through a competing operator's well, causing it to go out of control and sticking the competitor with a $1.7 million bill to repair the damage, according to a new suit filed in Texas state court.

  • April 09, 2020

    Prepackaged Ch. 11s Will Be Tough Sell For Oil And Gas

    As the pace of oil and gas bankruptcies accelerates, companies won't be able to broker restructuring deals outside of a courtroom as easily as they did during the prior bankruptcy wave a few years ago. Here, Law360 breaks down what boxes oil and gas companies must check for a prepackaged deal in 2020 and how to move forward when that option isn't on the table.

  • April 09, 2020

    Texas Court Says Evidence Backs $1.7M Sex Assault Award

    A $1.68 million jury award in a sexual assault case was upheld Thursday when a Texas appellate court rejected challenges to the sufficiency of the evidence by the two men alleged to have carried out the attack.

  • April 09, 2020

    Insurer Wants Out Of Covering Hurricane Harvey Suit Defense

    An insurer asked a Texas federal court on Thursday to declare that it no longer has to defend an industrial company facing accusations that it discharged debris into Houston-area waterways and made Hurricane Harvey-related flooding worse.

  • April 09, 2020

    Fed. Circ. Backs EDTX Decision Clearing Needle Co. In IP Suit

    The Federal Circuit on Thursday affirmed an Eastern District of Texas decision clearing Repro-Med Systems Inc. in a patent lawsuit over medical needle devices, concluding the needle maker's products do not contain a groove described in the disputed patent.

  • April 09, 2020

    Utility Co. Accused Of Using COVID-19 As 'Pretext' To Ax Deal

    A retail utility company has been accused in a $22 million lawsuit in Texas state court of wrongly trying to use the COVID-19 pandemic to end a contract with a business that launched its customer rewards program.

  • April 09, 2020

    Texans Hit Bloomberg 2020 Campaign With Fraud Claims

    A number of North Texans who worked on New York billionaire Mike Bloomberg's short-lived presidential campaign have accused the organization in Texas state court of reneging on its recruitment promise of guaranteed employment through November and abandoning them with no health care during the coronavirus pandemic.

  • April 09, 2020

    Roku Can't Delay Streaming-Tech Patent Trial Amid COVID-19

    U.S. District Judge Alan D. Albright has denied Roku's request to postpone an upcoming patent infringement trial over media streaming technology, saying it would be premature to reschedule the June 1 start date despite health and logistical concerns amid the COVID-19 pandemic.

  • April 09, 2020

    Coronavirus Litigation: The Week In Review

    States are facing lawsuits amid a push for remote voting in upcoming elections, United Airlines has been sued over refunds for canceled flights, and Walmart was hit with wrongful death claims from the family of a worker fatally infected by the novel coronavirus.

  • April 09, 2020

    Tax, Financial Services Co. Cuts $60M From Deal Offer Price

    Tax and financial services group Blucora announced Thursday it was cutting by $60 million its base offer price for HK Financial Services due to the market downturn, roughly three months after the two agreed on a $160 million acquisition.

  • April 09, 2020

    Voip-Pal Targets Amazon, Apple, Google Over Call-Routing IP

    Voip-Pal.com Inc. has continued trying to hold tech giants accountable for allegedly infringing its call-routing patents, with new suits against Amazon, Apple and Google filed in the Western District of Texas.

  • April 09, 2020

    UK, DOJ Pursue Bids To Block $360M Sabre-Farelogix Merger

    British competition authorities and the U.S. Department of Justice are moving forward with separate challenges to the $360 million proposed merger of airline booking service companies Sabre Corp. and Farelogix Inc.

  • April 08, 2020

    Nixon Peabody Beats Sanctions Bid Claiming Docs 'Scheme'

    A Maryland federal judge on Wednesday denied Wonder World Learning LLC's bid to sanction Nixon Peabody LLP and its client for allegedly running a "massive scheme" to hide key documents in the trademark dispute between the preschool franchise Kiddie Academy and its former franchisee based in Texas.

  • April 08, 2020

    5th Circ. Says Emerson Not Liable For $8M Turbine Damage

    An Emerson Electric Co. unit was required to fix faulty software but doesn't have to pay $8 million to cover the damage that software caused to a Texas utility's turbine, the Fifth Circuit said Wednesday in a published opinion.

  • April 08, 2020

    Texas Justices Mull Proof In Concrete Rivals' Defamation Row

    In a defamation case involving rival concrete-block manufacturers, the Texas Supreme Court on Wednesday questioned the parties during oral arguments about what evidence in the record could support the challenged $2 million damages award.

  • April 08, 2020

    Turning To Zoom, Texas Justices Hear $1.7M Negligence Spat

    Texas Supreme Court justices heard their first oral arguments in court history via Zoom on Wednesday while attempting to delineate whether a jury or judge has the power to decide an injured offshore drilling platform worker’s “borrowed employee” status in a $1.7 million negligence suit against W&T Offshore Inc.

  • April 08, 2020

    Texas Dems Sue For Remote Voting During COVID-19

    Texas Democrats have called on a federal court to help determine what elections will look like during the coronavirus pandemic, saying the state's current approach is vague and could lead to a mirror image of the issues surrounding this week's Wisconsin primary election.

  • April 08, 2020

    Crypto Co. Touted 'Recession Special,' Texas Regulator Says

    Texas' securities regulator announced Wednesday it took emergency action against a purported cryptocurrency miner, accusing the company of promising investors unrealistically high returns and attempting to profiteer off the global pandemic.

  • April 08, 2020

    Texas Panel Orders Redo On Atty Fee Award In Med Mal Case

    A Texas appellate court on Wednesday declined to revive the medical malpractice lawsuit of a man who was given a medication that records indicated he was allergic to, holding that he failed to amend an expert’s report supporting his claims. But the panel agreed the evidence didn’t support the attorney fees awarded to the hospital.

  • April 08, 2020

    Judge Balks At Hemp-Drying IP Default, Citing Lack Of Nexus

    A Colorado federal judge on Monday yanked a default judgment in a patent suit over cannabis-drying technology, saying that while the alleged infringer's lack of response to the suit could be deemed an admission, the patent holder's failure to link the company to Colorado dooms the suit.

  • April 08, 2020

    DOJ Loses Bid To Block $360M Sabre-Farelogix Merger

    Pointing to “simply unpersuasive” testimony by a key government expert, a federal judge in Delaware has rejected the Justice Department’s Clayton Act suit to block a $360 million merger of airline booking service companies Sabre Corp. and Farelogix Inc.

  • April 07, 2020

    Cahill Gordon Suspends 2020 Summer Associate Program

    Cahill Gordon & Reindel LLP has decided to suspend its summer associate program for 2020 in response to the COVID-19 pandemic, the firm announced Tuesday though it says it will pay the associates who had been selected and will offer them full-time positions after graduation.

  • April 07, 2020

    5th Circ. Lets Texas Delay Abortions During COVID-19

    A split Fifth Circuit panel on Tuesday lifted a temporary block on Texas' delay on abortions during the coronavirus pandemic, saying a federal judge caused a “patently erroneous” result by giving abortion a special exemption not given to other medical procedures.

  • April 07, 2020

    5th Circ. Says Arbitration Group Not On Hook For $12M Tab

    The American Arbitration Association doesn't have to foot a $12 million legal bill after arbitrators' ethics violations voided the outcome of an arbitration proceeding in a more than $100 million dispute over liability for sinkhole damages, the Fifth Circuit ruled Tuesday.

Expert Analysis

  • Electric Utilities May Need Policy Help For COVID-19 Losses

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    The closure of businesses, schools and government agencies due to COVID-19 has made it difficult for electric power providers to recover their authorized revenue requirement, so proactive policy solutions may be needed to protect ongoing provision of electricity service, say attorneys at Holland & Knight.

  • Coronavirus Stimulus Fraud May Be A Target For State AGs

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    Emboldened by their 2009 financial recovery enforcement experiences, state attorneys general are expected to play a large role in rooting out fraud, waste and abuse related to Coronavirus Aid, Relief, and Economic Security Act funds, says Jeff Tsai at DLA Piper.

  • Opinion

    In #MeToo Era, Victims Must Have Choice Over NDAs

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    States have started enacting laws that invalidate nondisclosure agreements in sexual harassment cases, but victims should have the individual choice of whether to agree to confidentiality, say Lynne Bernabei and Kristen Sinisi at Bernabei & Kabat.

  • Don't Forget Firm Culture When Adapting To Remote Work

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    While law firms suddenly pivoting to remote work due to coronavirus restrictions are busy dealing with logistical challenges, an equally pressing and perhaps more difficult task may be adjusting a long-standing brick-and-mortar culture to working remotely for the first time, say Heather Clauson Haughian and Grant Walsh at Culhane Meadows.

  • Potential Federal Vs. State Conflicts Due To COVID-19

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    When President Donald Trump decides it's time to kick-start the economy, governors will need to be prepared to answer some hard questions, like whether refusing to reopen nonessential businesses while managing the COVID-19 crisis in their states would be in violation of federal law, say David Blake and Kristina Arianina at Squire Patton.

  • A Texas Statute Could Help Prevent Backlog In State Courts

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    A provision in the Texas Civil Practice and Remedies Code allows state courts to appoint special judges in civil cases and could prove to be an important lifeline for courts and litigants facing delays due to the pandemic, says Michael Massengale, a former Texas state appellate judge now at JAMS.

  • Oil And Gas Cos. Must Prepare For Counterparty Bankruptcies

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    With many U.S. oil and gas producers, midstream companies and oil field service businesses struggling to survive the economic shocks from COVID-19 and the Saudi Arabia/Russia standoff, players in this space should be ready for counterparties to seek bankruptcy protection, say attorneys at Reed Smith.

  • 5th Circ. Ruling Amplifies Bristol-Myers Class Action Debate

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    The Fifth Circuit’s recent decision in Cruson v. Jackson National Life Insurance guides defendants on raising the U.S. Supreme Court’s 2017 Bristol-Myers ruling as a jurisdictional objection to a nationwide class, even though it deepens a circuit split, says Michael Ruttinger at Tucker Ellis.

  • Conducting Court Hearings Remotely: 12 Considerations

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    As more courts begin to explore remote hearings during the COVID-19 crisis, attorneys and courts should be aware of some of the common concerns accompanying video- and teleconferencing technology and make allowances to avoid these issues, say Attison Barnes III and Krystal Swendsboe at Wiley Rein.

  • The Era Of Video Mediation Is Here — Or Is It?

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    Mediator Jeff Kichaven has heard from several first-chair trial lawyers and senior claims executives that they are reluctant to adopt online video mediation even during the COVID-19 crisis, and says this reluctance is grounded in reality.

  • COVID-19 Highlights BigLaw Need For Emotional Intelligence

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    The formula for making decisions at BigLaw firms has historically been rooted in IQ-based factors, but with the ongoing pandemic, lawyers and firm leaders are increasingly dealing with issues that require emotional intelligence — from establishing effective virtual offices to retaining firm morale and client confidence, say Jolie Balido and Tina van der Ven at NewStar Media.

  • Perspectives

    States Must Toll Court Deadlines To Ensure Access To Justice

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    There are several reasons why a state should consider temporarily lifting statutes of limitations during this pandemic, including protecting the rights of litigants who are vulnerable, say Adam Mendel and Rayna Kessler at Robins Kaplan.

  • Opinion

    FTC Should Leave Regulation Of Noncompetes To States

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    If the FTC must use its rulemaking authority to regulate employee noncompete agreements, it should tread cautiously and let states make policy decisions for their citizens and economies, say Russell Beck and Erika Hahn of Beck Reed.

  • Benefits Of Pandemic-Prompted Court Extensions Are Limited

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    State and federal courts are canceling proceedings and pushing out deadlines in response to the novel coronavirus pandemic, but the relief is complex and necessarily incomplete in its power to relieve parties from jurisdictional deadlines, says Neil Lloyd at Schiff Hardin.

  • Opinion

    Judicial Shaming Of Attys Is Troubling Even During Pandemic

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    Judges have recently rebuked attorneys for wasting judicial resources to resolve minor issues during the COVID-19 crisis, including in a trademark lawsuit over unicorn drawings. But it is unfair to publicly flog lawyers for doing what they are trained to do, says Ronald Minkoff, chairman of Frankfurt Kurnit's professional responsibility group.

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