Texas

  • June 21, 2021

    Fed Circ. Revives Air Mattress Patent Fight At PTAB

    The Federal Circuit on Monday revived efforts by air mattress pump manufacturers to challenge a mattress patent at the Patent Trial and Appeal Board, just weeks before Amazon and other retailers are set to fight infringement claims over the same patent in parallel litigation in front of a Texas jury.

  • June 21, 2021

    Paragon Trust Says It Wouldn't Owe Any Ch. 11 Trustee Fees

    The litigation trust created under the Chapter 11 plan of oil services company Paragon Offshore told a Delaware bankruptcy judge Monday that state law there prohibits the debtor from clawing back distributions to the trust to satisfy fees potentially owed to the federal bankruptcy watchdog.

  • June 21, 2021

    ​​​​​​​High Court Wraps Up Moot 'Remain In Mexico' Suit

    The U.S. Supreme Court undid two lower court rulings that blocked a Trump-era asylum policy Monday, deeming an injunction on the Migrant Protection Protocols moot three weeks after President Joe Biden formally ended the program.

  • June 21, 2021

    Ex-BigLaw Atty Says SEC Fails To Prove Securities Fraud

    An ex-BigLaw attorney-turned-hedge fund pro who was sentenced last month to six months in prison for bankruptcy fraud wants a New York district court to toss a parallel civil suit brought by the U.S. Securities and Exchange Commission, arguing that the agency failed to state a securities fraud claim.

  • June 21, 2021

    Ex-Univar Exec Fights Claim He Owed Notice About Job Hunt

    A former Univar Solutions executive pursuing severance pay is fighting the revival of the chemical company's counterclaim that he owed it notice he was looking for another job, cautioning a Texas federal judge against setting a precedent that workers have a legal duty to disclose job searches.

  • June 21, 2021

    Texas Justices Take Up Question Of How Banks Are Served

    The Texas Supreme Court will weigh in on an intermediate appellate court split over the proper way to serve process on banks designated as foreign corporate fiduciaries in lawsuits, agreeing to review U.S. Bank NA's challenge to a no-answer default judgment allegedly caused by improper service.

  • June 21, 2021

    Texas Justices Won't Hear Bullet Train Eminent Domain Fight

    The Texas Supreme Court on Friday declined to hear a landowner's lawsuit claiming the private developers of a high-speed passenger train from Dallas to Houston cannot use eminent domain to survey and trample on Texans' private property rights for a costly project that's doomed to fail.

  • June 21, 2021

    DOJ Broke No-Charge Promise In Wage-Fix Case, Court Told

    The former owner of a physical therapist staffing company accused U.S. Department of Justice prosecutors Friday of breaking their promise not to charge him in their first criminal wage-fixing case, arguing he's never been given an explanation of where his cooperation fell short.

  • June 21, 2021

    Paramedic Drops Suit Against Astros For Foul Ball Injury

    A paramedic who was seriously injured when a line-drive foul ball hit him in the face in October during the American League Championship Series in Houston has dropped his lawsuit against the Houston Astros seeking more than $1 million in damages.

  • June 21, 2021

    Ex-Chimera CEO Gets 6 Years In Prison In $50M Stock Scam

    The former chief executive officer of Chimera Energy Corp. was sentenced Monday by a Texas federal judge to six years in prison for his role in a $50 million stock manipulation scheme that defrauded at least 2,000 victims.

  • June 21, 2021

    5th Circ. Tosses Huawei's Challenge Over FCC Subsidy Ban

    The Fifth Circuit has dismissed Huawei Technologies Co.'s bid to block a Federal Communications Commission order prohibiting federal subsidies to U.S. telecom companies that buy equipment from the Chinese technology giant and others, ruling that the FCC appropriately determined it poses a threat to U.S. communications networks.

  • June 21, 2021

    Bouchard Transportation Floats Flexible Ch. 11 Plan Track

    Bankrupt oil barge fleet owner Bouchard Transportation Co. filed Chapter 11 plan documents in Texas bankruptcy court, outlining a flexible path toward completing a sale of its assets or confirming a reorganization around its remaining fleet.

  • June 21, 2021

    Serving A Suit To An LP's CEO Is Improper, Texas Justices Say

    A limited partnership should be served a lawsuit through a general partner or registered agent, not an officer or CEO, the Texas Supreme Court ruled Friday in an opinion overturning an over $1 million default judgment.

  • June 18, 2021

    Fla. Wins Injunction In CDC Fight Over COVID Cruise Edicts

    A Florida federal court on Friday agreed to temporarily block the U.S. Centers for Disease Control and Prevention's pandemic-related restrictions on the cruise industry, ruling that the Sunshine State is "highly likely" to succeed on its claim that the agency exceeded its authority with the regulations.

  • June 18, 2021

    Texas Justices Say Motorist Can Depose Insurer's Employees

    The Texas Supreme Court on Friday allowed a motorist to depose his insurer's employees over liability and damages alleged in his insurance claim resulting from a car accident, saying the disputed issues are discoverable while questions about the policy's contract language are not.

  • June 18, 2021

    Texas High Court Won't Hear Cotton Insurance Tax Case

    The Texas Supreme Court on Friday said it won't hear a case over the constitutionality of the state's application of the surplus lines insurance tax on cotton stored in warehouses.

  • June 18, 2021

    Texas Justices Say Copyright Violation Not A Taking

    The Texas Supreme Court on Friday said the University of Houston's unauthorized use of a photographer's image doesn't amount to a per se taking of his copyright.

  • June 18, 2021

    Texas Justices To Weigh If Atty Liable For Faked $500K Check

    The Texas Supreme Court on Friday granted review in a lawsuit asking it to decide whether an attorney who fell victim to a check-fraud scam is liable for $400,000 that his bank transferred to a third party in Japan.

  • June 18, 2021

    Texas Justices To Review Adding Pipeline Maker To Blast Suit

    The Texas Supreme Court agreed Friday to consider whether the company that built a gas pipeline that exploded shortly after it changed hands should be looped into in an injured worker's $1 million negligence case against the current owner of the pipeline and the operator that maintains it. 

  • June 18, 2021

    Juniper Asks Fed. Circ. To Nix Albright's Transfer Denial

    Juniper Networks Inc. wants the Federal Circuit to direct U.S. District Judge Alan Albright to transfer a patent suit brought by Correct Transmission from the Western District of Texas to California, saying the judge abused his discretion by keeping the case in Texas.

  • June 18, 2021

    Fla. Judge Threatens Default In Missing Escrow Funds Suit

    A Florida federal judge has threatened a payment service provider and its owner with default for failing to retain counsel in a suit accusing them and a Florida law firm of keeping $178,000 that was supposed to be transmitted as payments for a Texas business' international purchases.

  • June 18, 2021

    Texas Justices To Weigh Energen's Liability For Well Blast

    The Texas Supreme Court granted review to Energen Resources Corp. on Friday in its fight to block litigation over a worker's injury in a natural gas explosion by applying rules that limit a property owner's liability for contractors' injuries.

  • June 18, 2021

    Feds Drop Appeal Of $16.2M Exxon Cleanup Award

    The Fifth Circuit on Friday signed off on the federal government's request to drop its appeal of a $16.2 million award to ExxonMobil Corp. that held the government liable for pollution discharged at a Texas industrial facility during World War II and the Korean War.

  • June 18, 2021

    GAO Calls Out Risks In Army Corps' Border Wall Approach

    The U.S. Army Corps of Engineers focused on speed when awarding billions of dollars in contracts for construction of the southwest border wall, raising the risk of paying unnecessarily high costs, according to the U.S. Government Accountability Office.

  • June 18, 2021

    Texas Backs Fla. Bid To Block Biden's Migrant Removal Policy

    Texas has joined a fight over two Biden administration policies temporarily narrowing the types of migrants prioritized for removal, joining Florida in urging the Eleventh Circuit to take on the policies because they carry the force of law and warrant judicial review.

Expert Analysis

  • Attorneys Beware: Zoom Depositions Are Likely Inadmissible

    Author Photo

    As legal proceedings have moved online in light of the pandemic, lawyers may mistakenly believe that recorded Zoom video depositions can be entered as evidence, but without certain safeguards, the testimony is unlikely to be accepted by courts, says Phillip Zisook at Schoenberg Finkel.

  • Shielding Corporate Execs From Depositions After GM Ruling

    Author Photo

    A Georgia appeals court recently allowed a plaintiff to depose General Motors' CEO, in a blow to the apex doctrine's protections for high-ranking executives, but measures before and during discovery can reduce corporate leaders' exposure in such cases, say attorneys at DLA Piper.

  • Law Firm Talent Must Reflect Shifting US Demographics

    Author Photo

    Stephanie Scharf at Scharf Banks and Roberta Liebenberg at Fine Kaplan analyze and project U.S. demographic trends to show that law firms that hope to succeed long-term must recruit, retain and advance female lawyers and lawyers of color, and they outline six steps for meeting these goals.

  • Opinion

    Judges Should Foster Diversity In MDL Leader Appointments

    Author Photo

    Through their powerful function as gatekeepers, judges should open the gate to minority practitioners when appointing leadership positions in widely influential multidistrict litigation and begin to correct the disparities that have long plagued the legal industry, say Majed Nachawati and Michael Gorwitz at Fears Nachawati.

  • A Biz Strategy Model To Improve Lateral Atty Hiring Diversity

    Author Photo

    Quantitative comparison tools commonly used by companies in evaluating merger targets will allow law firms to assess lateral hire candidates in a demographically neutral manner, help remove bias from the hiring process and bring real diversity to the legal profession, says Thomas Latino at Florida State University.

  • NextEra Ruling Could Support Initial-Bidder Expense Claims

    Author Photo

    The Third Circuit’s recent broad decision that NextEra's unsuccessful merger bid for Energy Future Holdings could nevertheless benefit EFH's bankruptcy estate provides future stalking horse bidders substantial leverage and may establish an alternative way for them to recover transactional expenses, says Ronit Berkovich at Weil.

  • Expedited Bankruptcies Are Cause For Concern

    Author Photo

    The Office of the U.S. Trustee's recent concerns over the increase in so-called shotgun bankruptcies are legitimate: These expedited processes limit oversight by the bankruptcy court to the detriment of smaller stakeholders, say Brian Shaw and David Doyle at Cozen O'Connor.

  • Smaller Firms Need Employee Wellness Programs, Too

    Author Photo

    As we emerge from the pandemic, small and midsize firms — which offer an ideal setting for companywide connection — should follow in the footsteps of larger organizations and heed the American Bar Association’s recommendations by adopting well-being initiatives and appointing a chief wellness officer, says Janine Pollack at Calcaterra Pollack.

  • US Offshore Wind Poised For Growth, But Challenges Remain

    Author Photo

    Recent Biden administration policy moves signal strong support for offshore wind power development on both the Atlantic and Pacific coasts, but wind projects will need to overcome a number of logistical hurdles to achieve emissions reduction goals, says Tyler Williams at Covington.

  • Stop Networking, Start Relationship Marketing

    Author Photo

    USA 500 Clubs' Joe Chatham offers four tips for lawyers to get started with relationship marketing — an approach to business development that prioritizes authentic connections — and explains why it may be more helpful than traditional networking post-pandemic.

  • What Attorneys Should Know About Fee Deferral

    Author Photo

    Milestone Consulting’s John Bair explores contingency-fee structuring considerations for attorneys, laying out the advantages — such as tax benefits and income control — as well as caveats and investment options.

  • Predictions On Pandemic's Lasting Impact On Legal Education

    Author Photo

    The pandemic accelerated the pace of technological change for legal education, and some of the changes to how law school courses are taught and on-campus interviews are conducted may be here to stay, says Leonard Baynes at the University of Houston.

  • Roundup Case Shows State Law Can Top Preemption Defense

    Author Photo

    The Ninth Circuit's recent refusal to recognize a federal preemption defense in Hardeman v. Monsanto, the bellwether trial of a cancer case involving the herbicide Roundup, underscores that state tort statutes may provide a better defense than preemption in some cases, say Thomas Manakides and Joseph Edmonds at Gibson Dunn.

  • Lawyer Perfectionism Is A Disease We Can Control

    Author Photo

    The pursuit of perfection that is prevalent among lawyers can lead to depression, anxiety and other mental health impacts, but new attorneys and industry leaders alike can take four steps to treat this malady, says Liam Montgomery at Williams & Connolly.

  • 5 Tips To Help Your 2021 Summer Associates Succeed

    Author Photo

    Despite pandemic-related challenges this year, law firms can effectively train summer associates on writing and communicating — without investing more time than they ordinarily would, says Julie Schrager at Schiff Hardin.

Want to publish in Law360?


Submit an idea
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!