Texas

  • December 03, 2021

    Caltech Sues Samsung After $1B Apple Patent Win

    The California Institute of Technology went to Texas federal court Friday with a new lawsuit that says Samsung's Galaxy smartphones infringe the same patents that a California jury said Apple Inc. and its supplier Broadcom Inc. infringed to the tune of over $1.1 billion in damages.

  • December 03, 2021

    Albright Denies Atty Fees For $13M Winner In Payment IP Trial

    CloudofChange LLC isn't entitled to attorney fees after winning a $13.2 million jury verdict against NCR Corp. for infringement of payment processing patents, U.S. District Judge Alan Albright has ruled.

  • December 03, 2021

    5th Circ. Won't Enforce $18B Saudi Oil Award

    The Fifth Circuit on Thursday refused to enforce an $18 billion arbitral award against state-owned Saudi Aramco on sovereign immunity grounds, although it opted not to opine on the alleged "shenanigans" that plagued the underlying arbitration.

  • December 03, 2021

    Texas Pueblo Urges Justices To Undo E-Bingo Decision

    The Ysleta del Sur Pueblo has urged the U.S. Supreme Court to overturn a decision that Texas can block the tribe's electronic bingo, saying it's time for the high court to discard a badly decided case that the Fifth Circuit has been following for more than 25 years.

  • December 03, 2021

    EPA Promises $44B For Water Projects To States, Tribes

    A $44 billion slice of the recently passed $1.2 trillion federal infrastructure package will soon be available to replace lead pipes and ensure clean drinking water nationwide, the U.S. Environmental Protection Agency administrator told state, tribal and territorial leaders, stressing that disadvantaged communities must get priority.

  • December 03, 2021

    Energy M&A Roared Back To Life In 2021

    A rebound in oil and gas prices heading out of likely the worst of the COVID-19 pandemic led to a banner year for energy deal-making, with billions of dollars splashed out for both conventional and renewable energy assets. Here are six energy M&A trends that stood out to attorneys in 2021.

  • December 03, 2021

    Texas Ruling In $1.2M Gold Coin Theft Suit Boosts Insurer

    A gold coin dealer lost more than $1.2 million because it accepted fraudulent checks in exchange for a set of coins, the Texas Supreme Court said Friday, in a ruling that could help the dealer's Lloyd's insurer avoid covering almost all the loss.

  • December 03, 2021

    Texas Panel Wipes Out Drilling Co.'s $1.6M Jury Win

    A Texas appellate court has undone a jury's $1.6 million award in favor of oil and gas operator Alpha Hunter Drilling LLC, agreeing with White Star Pump Co. LLC that the recovery is barred by the companies' contract for a pump that later malfunctioned.

  • December 03, 2021

    Texas Justices Won't Free Atty From Undisclosed Death Suit

    The Texas Supreme Court on Friday declined to review a Houston attorney's bid to escape a malpractice suit stemming from his failure to disclose the death of a client to opposing counsel and a judge, allowing the client's sons to proceed with litigation against him.

  • December 03, 2021

    Texas Law Firm Asks 5th Circ. To Revive Virus Coverage Suit

    A Texas law firm asked the Fifth Circuit to resurrect its coronavirus coverage suit against Cincinnati Insurance Co., arguing that the physical nature of the virus, its spread and the preventative measures taken qualifies it for coverage.

  • December 03, 2021

    Taxation With Representation: Skadden, Latham

    In this week's Taxation With Representation, insurance broker Arthur J. Gallagher & Co. will acquire the reinsurance broking arm of rival Willis Towers Watson, industrial 3D printing business Essentium will go public with blank-check company Atlantic Coastal, and Distributed energy firm Voltus will go public by merging with special purpose acquisition vehicle Broadscale Acquisition Corp.

  • December 02, 2021

    Classwide Deal Complicates CaptureRx Breach Venue Fight

    The disclosure of a tentative classwide settlement of sprawling litigation over a data breach at pharmacy benefits manager CaptureRX sparked confusion at a consolidation hearing Thursday, with co-defendant Walmart and plaintiffs pushing for centralization in Missouri admitting to having little knowledge of the deal, which was revealed by counsel leading several Texas suits. 

  • December 02, 2021

    Albright Bars Fitness Co. From Selling Neck Device, For Now

    U.S. District Judge Alan Albright granted a preliminary injunction blocking a fitness company from selling a neck exercise device, finding Thursday that the company's rival, Gonza, is likely to succeed on its claims that the device rips off its patent.

  • December 02, 2021

    IP Forecast: 9th Circ. To Eye Class Cert. In Rock Music Fight

    A Ninth Circuit panel next week will consider whether a California federal court wrongly certified classes of rock musicians and composers accusing a website of marketing unauthorized recordings of rock concerts. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.

  • December 02, 2021

    Texas Justices Told 'Employee' Defined Broadly In $3.8M Fight

    The Texas Supreme Court questioned during oral arguments in a construction injury case Thursday how broadly the word "employee" should be interpreted under the Texas Anti-Indemnity Act, with a crane company urging the court to adopt a definition that would force Zurich American Insurance Co. to cover $3.8 million in legal bills.

  • December 02, 2021

    5th Circ. Overturns Own Precedent In Maritime Liability Row

    The Fifth Circuit on Thursday shot down its own 2012 precedent in a maritime case over a boat crew member's collision injury, saying a subsequent U.S. Supreme Court ruling supersedes previous case law and allows a tugboat company to assert a cap on damages.

  • December 02, 2021

    Blackstone REIT Lands $690M In Financing From 2 Banks

    Wells Fargo Bank NA and United Overseas Bank have provided $690 million in financing to Blackstone Real Estate Income Trust for a portfolio of properties that spans multiple states and various asset classes, according to an announcement Thursday from borrower-side broker Jones Lang LaSalle.

  • December 02, 2021

    Texas Hospital Inks $18M Deal To End False Claims Fight

    A Texas hospital will pony up $18.2 million to end accusations that it flouted federal law when it sold shares of the partly doctor-owned hospital to certain physicians based on their referrals of patients to the facility, the U.S. Department of Justice said Thursday.

  • December 02, 2021

    Texas Sees Boost In Oil And Gas Tax Revenue

    Texas natural gas production tax revenue totaled $291 million in November, a 282% increase compared with November 2020, the Texas comptroller said.

  • December 02, 2021

    5th Circ. Says Construction Co. On Hook For OSHA Violation

    A split Fifth Circuit panel has affirmed a $35,000 Occupational Safety and Health Administration fine against a Texas highway construction business, finding the company can be held liable for a project foreman's willful disregard of job site safety measures.

  • December 02, 2021

    How The Pandemic Made This Judge A Zoom Trial 'MacGyver'

    State and federal courts in the Seattle area were pioneers in transitioning to remote proceedings when the COVID-19 pandemic began, and King County Superior Court Judge Matt Williams says there's no turning back now.

  • December 02, 2021

    Micron Gets PTAB To Ax Claims In Semiconductor Patent

    The Patent Trial and Appeal Board has invalidated a host of claims in a semiconductor patent owned by a Japanese sovereign patent fund, finding the claims that were challenged by Micron Technology Inc. obvious over prior art.

  • December 02, 2021

    Atty Sanctioned For 'Mountain Of Evasiveness' Settles

    A Houston appellate court Thursday granted a joint motion freeing a Houston attorney from a $150,000 sanction that a trial judge issued after finding that the lawyer's and his client's "numerous outright lies" amounted to a "mountain of evasiveness."

  • December 02, 2021

    Blank Rome Hires Deals Atty Away From German Co.

    Blank Rome LLP recently announced the growth of its corporate transactions team with the addition of a former vice president for German engineering firm Bilfinger SE as a partner in Houston.

  • December 02, 2021

    ITC To Probe Integrated Circuit Import Claims Against Amazon

    The U.S. International Trade Commission has launched an investigation into a semiconductor manufacturer's allegations that Amazon and a handful of other companies are importing and selling products with circuit chips that infringe on the company's intellectual property.

Expert Analysis

  • What Justices' Groundwater Ruling Means For State Disputes

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    The U.S. Supreme Court's recent decision in Mississippi v. Tennessee aids future negotiations over interstate groundwater resources, both by explicitly informing states what the default rule is, and by implicitly giving states authority to trade off water rights across a broader spectrum of water resources, says Robin Craig at USC Gould School of Law.

  • Without Leadership Buy-In, Law Firm DEI Efforts Stand To Fail

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    A law firm's diversity, equity and inclusion strategies need the full attention and support of its top leadership to succeed, and requiring the firm's key decision makers to join the DEI committee can make the difference, says Noble Allen at Hinckley Allen.

  • Series

    Confronting Origination Credit: Self-Advocacy Tips For Attys

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    Female lawyers and lawyers of color have historically not been privy to the rules of the origination credit game, but they can employ various strategies to increase the chances of receiving the credit they are due, such as enlisting allies for support and tracking inequity patterns, says Marianne Trost at The Women Lawyers Coach.

  • As Climate Litigation Heats Up, More Cos. Face Liability Risk

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    The number, pace and sophistication of climate change-related suits are steadily increasing, both in the U.S. and abroad, and while plaintiffs face substantial hurdles under existing law and evidentiary burdens, liability risks to industry, and the scope of potential defendants, are also growing, say attorneys at Pillsbury.

  • How 'Rocket Dockets' Are Affecting IPR Discretionary Denials

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    Statistical analysis of over 500 recent Patent Trial and Appeal Board decisions reveals that filing an infringement suit in one of two so-called rocket dockets provided an advantage for patent owners seeking an inter partes review denial based on the copending trial date, say attorneys at Wilson Sonsini.

  • COVID Insurance Cases Highlight Federal-State Court Tension

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    COVID-19 insurance coverage litigation has resulted in an unprecedented number of federal courts preemptively ruling on an area of law in which state courts have final say — a problematic trend with likely undesirable results for litigants unless federal courts consider certain proactive solutions, says John Koch at Flaster Greenberg.

  • A Real-World Guide To Staying Discovery In Federal Court

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    Pleas for stay of discovery under the Federal Rules of Civil Procedure are often rejected when motions to dismiss are pending due to a tenacious tangle of case law, imposing financial and administrative burdens on parties, but some unambiguous rules of thumb can be gleaned to maximize the chances of a discovery stay, says Amir Shachmurove at Reed Smith.

  • Texas Insurers' Paths To Post-Appraisal Summary Judgment

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    Despite Texas insurance law changes that have altered the interaction between appraisal awards and certain extracontractual claims, recent state and federal court decisions show insurers still have options for summary judgment on policyholders' claims after the entry of an appraisal award, say Michael O'Brien and Claire Fialcowitz at Zelle.

  • Opinion

    To Vax Or Not To Vax Is Not A Constitutional Question

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    Opponents of COVID-19 vaccine mandates, including several states' governors, mistakenly insist that such requirements offend their constitutional rights, but a careful review of U.S. Supreme Court jurisprudence on the subject shows no grounding for their position, say Daniel Karon at Karon LLC and Giliann Karon at Accountable Tech.

  • Heed These Rules, Or Risk Your Argument On Appeal

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    Failing to meet the scattered requirements for appellate preservation can have dire consequences, so litigants must understand the relevant briefing rules, the differences between waiver and forfeiture, and the four components of a pressed argument in order to get their case fully considered on appeal and avoid sanctions or dismissal, says Michael Soyfer at Quinn Emanuel.

  • What To Include In Orders Governing Remote Arbitration

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    When conducting remote arbitration, attorneys should negotiate written orders that spell out clear rules on technology accommodations, document handling, witness readiness and other key considerations to ensure parties' rights are protected and the neutral's time is not wasted, say Matthew Williams and Christina Sarchio at Dechert.

  • Opinion

    Insurers Should Honor Astroworld Coverage Obligations

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    While insurers may be eager to shift blame on Astroworld showrunner Travis Scott for conditions that resulted in 10 deaths and dozens of injuries, arguments suggesting the tragedy shouldn't be covered appear baseless in light of the facts and the law, says Benjamin Massarsky at Miller Friel.

  • Series

    Embracing ESG: CBRE GC Talks Effective Compliance Emails

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    Good corporate governance requires communicating expectations for ethical conduct, but compliance emails need not be overly technical — a relatable story told in simple language with humility and respect can create internal communications that drive home the message, says Laurence Midler at CBRE.

  • Revisiting Loss Calculations For Business Interruption Claims

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    As business interruption insurance claims from COVID-19 and other recent catastrophes flood the courts, David Yohai and Heather Weaver at Weil examine two common judicial approaches to calculating losses, survey their outsize effect on an insured's recovery, and discuss how the influx of new decisions will change the landscape.

  • The Hazards Of Female Lawyers Being 'Office Moms'

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    Female attorneys are frequently credited with being the "office moms" who do critical but undervalued work — from bringing birthday cakes to serving on diversity committees — but as lawyers return to offices, now is a good time for employers to rectify the gender imbalance that disadvantages women, say Ninth Circuit Judge Margaret McKeown and Fine Kaplan partner Roberta Liebenberg.

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