Texas

  • March 05, 2021

    Kinder Morgan Wants Indemnity In Pipeline Inspection OT Suit

    Kinder Morgan Inc. claims it has been wrongly accused of violating the Fair Labor Standards Act in an Oklahoma federal collective action filed by pipeline inspectors the company contracts with and wants to be indemnified, according to Texas state court filings.

  • March 05, 2021

    Texas Courts Ease COVID-19 Restrictions

    The Texas Supreme Court issued a revised emergency order Friday easing COVID-19 restrictions on court proceedings, a move that came days after Gov. Greg Abbott announced he would end the statewide mask mandate next week and allow all businesses to operate at full capacity.

  • March 05, 2021

    ACLU Pushes For 12-Hour Cap On Border Detention

    The American Civil Liberties Union urged the Biden administration to limit border detention to 12 hours and restrict border officers' use of force, saying hundreds of interviews have revealed a pattern of migrant abuse by U.S. Customs and Border Protection.

  • March 05, 2021

    Texas Can't Undo $29M Highway Verdict At State High Court

    The Texas Supreme Court on Friday rejected a bid from the state of Texas to reverse a $29 million verdict in favor of a developer who claimed a highway project and related land condemnation tanked the value of a residential project site.

  • March 05, 2021

    Texas Attys Approve Trade Name Shift

    Texas lawyers voted to approve eight proposed amendments to the state's disciplinary and procedural rules, which would allow firms in the state to practice under trade names and more freely use social media to advertise their practice.

  • March 04, 2021

    HEB Seeks Patent Trial Delay Due To Virus, PTAB, Weather

    Grocery store chain HEB asked a Texas federal judge to postpone an in-person jury trial in a patent fight over scan-and-pay technology, citing the COVID-19 pandemic, the state's recent weather crisis and a looming Patent Trial and Appeal Board decision.

  • March 04, 2021

    Schlumberger Unit Says Albright's Past Clouds Transfer Bid

    Schlumberger unit M-I LLC said Thursday that it wants input from a Texas federal judge before agreeing to transfer its patent infringement case to U.S. District Judge Alan Albright, whose former firm used to represent the defendant in the case.

  • March 04, 2021

    Hotels Say Expedia Shouldn't Join TravelPass Antitrust Suit

    Three hotel chains have urged a Texas federal judge to deny Expedia's bid to intervene in TravelPass' antitrust suit, which claims the chains conspired to keep it from bidding on search terms, saying TravelPass has already opposed releasing information about a private arbitration between the two booking companies.

  • March 04, 2021

    Whistleblowers Tell Texas Panel To Toss Paxton's Challenge

    The whistleblowers suing Texas Attorney General Ken Paxton for firing them after they reported his alleged wrongdoing to the FBI told a Texas appellate court on Thursday to toss an appeal lodged Monday that halted proceedings because it is meritless and the panel doesn't have authority to hear it.

  • March 04, 2021

    Prosecutors In Texas AG Fraud Case Ask For Oral Arguments

    The special prosecutors pursuing felony securities fraud charges against Texas Attorney General Ken Paxton have urged the appellate court that stayed the case in October to hear oral arguments over whether the suit belongs in Collin County or Harris County.

  • March 04, 2021

    Justices Told Adobe IP Case Wrongly Ordered Out Of WDTX

    SynKloud Technologies wants the U.S. Supreme Court to overturn a Federal Circuit decision ordering U.S. District Judge Alan Albright to transfer its patent case against Adobe Inc. from Texas to California. 

  • March 04, 2021

    Utilities Not Ready To Ditch Gas, Nuclear In Net-Zero Push

    U.S. utility executives on Thursday said they're fully on board with the power sector's accelerating clean-energy transition, yet they insisted traditional fuels like natural gas and nuclear power still have roles to play in a decarbonized electric grid.

  • March 04, 2021

    Fieldwood Accused Of Trying To Duck Well Cleanup Cost

    Another former owner of bankrupt oil exploration company Fieldwood Energy LLC oil and gas leases has asked a Texas bankruptcy judge to reject the company's Chapter 11 plan disclosure, saying it is trying to foist off the expense of cleaning up abandoned wells.

  • March 04, 2021

    Exxon Seeks To Dodge $11.7M Macquarie Fee

    An Exxon Mobil Corp. unit is trying to dodge paying Macquarie Energy $11.7 million for missed deliveries during last month's winter storm in the central U.S., saying the unforeseen freezing temperatures voided its duty to supply.

  • March 04, 2021

    Intel Verdict Gives IP Attys 2 Billion Reasons To Sue In WDTX

    Tuesday's $2 billion patent verdict against Intel Corp. is a record-breaking result under a relatively new Texas federal judge who's seen as an innovator, and could draw even more litigants to a court that's quickly taken over as the reigning hotbed of patent litigation.

  • March 04, 2021

    Judge Who Lost Election Won't Be DQ'd From Harvey MDL

    A Texas appellate court on Thursday refused to disqualify a pretrial judge assigned to work on multidistrict litigation related to Hurricane Harvey flooding, rejecting an argument that because the judge lost an election she should not be allowed to preside.

  • March 04, 2021

    Alleged Charity Robocall Scammers Cut $110M FTC Deal

    Telemarketers behind an alleged massive robocall scheme cut deals totaling $110 million to resolve allegations by the Federal Trade Commission and dozens of states they bombarded 67 million consumers with 1.3 billion deceptive charitable fundraising calls, according to documents filed in Michigan federal court Wednesday.

  • March 04, 2021

    King's Hawaiian Settles Trade Dress Suit With Competitor

    The maker of King's Hawaiian sweet rolls has settled a federal trade dress dispute with a bread-baking rival that it had accused of copying its signature bright orange packaging for the bread.

  • March 04, 2021

    5 Tips Insurance Attys Are Giving After Texas Winter Storm

    Texas insurance attorneys have been inundated with questions following the state's Valentine's Day storm that left millions without power and water, and are guiding business clients through what could be a thorny, long process to get fully compensated for the damage. Here, Law360 breaks down five tips commercial insurance attorneys are giving their clients.

  • March 04, 2021

    Magellan Says It's Not Obligated To Remove Ammonia Pipeline

    Magellan Midstream Partners has told an Oklahoma federal court it should dismiss a landowner's claims it is trespassing on his land by not removing an ammonia pipeline, telling the court it has not abandoned the pipeline, and even if it had, the easement it holds does not expire.

  • March 03, 2021

    ERCOT Chief Canned In Wake Of Texas Winter Storm Outages

    The Electric Reliability Council of Texas' board of directors announced Wednesday night it will terminate its president and CEO within the next 60 days in the aftermath of last month's deadly winter storm, when the state's primary grid operator cut power to millions as temperatures plummeted.

  • March 03, 2021

    AGs Want Quick Appeals On State Boards' Antitrust Immunity

    State entities must be able to immediately appeal when they're denied immunity from antitrust litigation, nearly two dozen state attorneys general told the U.S. Supreme Court, backing a petition from the Louisiana Real Estate Appraisers Board.

  • March 03, 2021

    High Court Told Biofuel Ruling Would Cause Economic Strain

    The American Fuel & Petrochemical Manufacturers, a trade association, told the U.S. Supreme Court that it is essential for small petroleum refineries undergoing economic hardships to be able to gain exemptions from renewable fuel blending requirements and that an appeals court was wrong to restrict vital economic relief.

  • March 03, 2021

    5th Circ. Mulls Need For HHS Transgender Bias Rule Appeal

    Three Fifth Circuit judges questioned Wednesday whether there's any live controversy before them in an appeal in which a Catholic health care system claims a lower court didn't go far enough in striking federal anti-sex discrimination provisions protecting transgender people and abortion recipients.

  • March 03, 2021

    Valaris Gets OK To Wipe $7B Debt With Stock Swap

    Offshore drilling contractor Valaris PLC got the go-ahead from a Texas bankruptcy judge Wednesday to equitize $7 billion in debt with a Chapter 11 plan the company's counsel described as a "total victory."

Expert Analysis

  • Texas Tax Talk: Development Bill Needs Bilateral Buy-In

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    If a pending bill to overhaul the Texas Economic Development Act can resolve the concerns of both project developers and school districts, it will make the popular tax break an even more useful tool for attracting investment, say Matt Larsen and Bucky Brannen at Baker Botts.

  • Ethics Tips For Attorneys Telecommuting Across State Lines

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    Attorneys working remotely from jurisdictions in which they are not admitted should take precautionary steps to avoid engaging in unauthorized practice of law, say John Schmidt and Michael Seaman at Phillips Lytle.

  • 6 Ways Legal Employers Can Help Pandemic-Weary Parents

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    Parenting during the pandemic has introduced a series of competing personal and professional obligations for attorneys and professional staff, and even organizations that are supportive of their parent employees can take steps to do better, says Meredith Kahan at Saul Ewing.

  • Pandemic Force Majeure Interpretations May Be Shifting

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    A New York federal court's ruling in JN Contemporary Art v. Phillips Auctioneers, deeming COVID-19 to be a natural disaster that triggers a force majeure clause, appears to loosen previously strict contours of contractual interpretation and could create a legal quandary for obligees, say Kimberly Daily and Matthew Rawlinson at Eversheds Sutherland.

  • Republican AGs Likely To Challenge Biden On Multiple Fronts

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    During recent presidential administrations, state attorneys general have challenged federal regulations and obtained nationwide injunctions against executive orders — and there is every reason to believe that Republican attorneys general will continue this trend, resisting Biden administration efforts on climate change, health care, immigration and more, say attorneys at Troutman Pepper.

  • 3 Degrees Of Legalization Show True Prevalence Of Cannabis

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    The three degrees of state marijuana legalization regimes throughout the U.S. show that cannabis is only fully illegal in three U.S. states and one territory — not 14 states as some counts indicate — and even in those places, there are stirrings of change, says Julie Werner-Simon at Drexel University's Thomas R. Kline School of Law.

  • Remote Working Tips For Lawyer Trainees And Their Firms

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    The prospect of joining a law firm during the pandemic can cause added pressure, but with a few good practices — and a little help from their firms and supervising attorneys — lawyer trainees can get ahead of the curve while working remotely, say William Morris and Ted Landray at King & Spalding.

  • Review Force Majeure Clauses Before Storms Hit

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    Recent storm-related disruptions to electric power in Texas are a reminder that companies should carefully assess force majeure clauses in their contracts in advance of disasters, given that such clauses hinge on whether nonperformance is avoidable given proper preparation, say Adam Schramek and Tom McCormack at Norton Rose.

  • Obtaining General Jurisdiction Over Out-Of-State Insurers

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    A series of recent court decisions illustrate the challenges of litigating against insurers in a state where neither party resides, and demonstrate alternate means of securing jurisdiction, says Richard Mason at MasonADR.

  • What Biden's Ethics Pledge Means For Gov't Revolving Door

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    Attorneys at Nossaman look at how President Joe Biden’s ethics pledge goes beyond those of his predecessors by imposing post-employment shadow lobbying and golden parachute restrictions on his administration’s appointees — and how a House bill proposing expansion of federal ethics law could affect enforcement.

  • Opinion

    Punishing Bar Exam Policies On Menstrual Products Must Go

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    Law graduates across the states are sitting for the grueling two-day bar exam this week despite menstruation-related barriers, such as inadequate menstrual product and bathroom access, which could be eradicated with simple policy tweaks, say law professors Elizabeth Cooper, Margaret Johnson and Marcy Karin.

  • It's Time For Law Firms To Start Loving And Leveraging Data

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    The volume and diversity of data managed by law firms today — from client files to internal financial records — may seem daunting, but when properly organized, good data can help practitioners stay competitive by providing sharper insight into firm resources and cost of work, say Jaron Luttich and Barry Wiggins at Element Standard.

  • Keys To Protecting Clients During Law Firm Dissolution

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    Whether a law firm dissolution is amicable or adversarial, departing attorneys should take steps to maintain their legal and ethical responsibilities toward clients, and beware client confidentiality pitfalls when joining new firms, say John Schmidt and Colin Fitzgerald at Phillips Lytle.

  • Opinion

    Time For Federal Action To Ban Noncompetes

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    Now, more than ever, workers should have the freedom to work, so the pro-worker Biden administration should follow some states' lead and end the use of noncompetes, says Gerald Sauer at Sauer & Wagner.

  • How The Remote Sales Tax Legal Landscape Is Evolving

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    As the remote sales tax landscape continues to change, the pandemic-driven shift toward e-commerce will likely hasten the adoption, application and enforcement of remote sales tax laws by state and local authorities, says Liz Armbruester at Avalara.

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