Texas

  • June 04, 2020

    5th Circ. Slams 'Audacity' Of Texas Dems' Mail-In Vote Order

    The Fifth Circuit on Thursday upended a district court order won by Texas Democrats that directed the Lone Star State to allow all voters to use mail-in ballots, with the appeals panel saying the lower court's decision "will be remembered more for audacity than legal reasoning."

  • June 04, 2020

    JC Penney Gets Nod For $450M In Ch. 11 Financing

    A Texas bankruptcy judge approved a $450 million Chapter 11 financing package for J.C. Penney Co. on Thursday after the company said that only its first-lien lenders were willing to put money into the retail chain in the face of COVID-19.

  • June 04, 2020

    Talos Energy Hit With Chancery Suit Over Gulf Assets Deal

    Talos Energy Inc. and its private equity controllers ran an unfair transaction in which Talos paid $385 million and valuable preferred stock to buy oil producing assets in the Gulf of Mexico from affiliates of one of the controllers, an investor has alleged in a Delaware Chancery Court suit.  

  • June 04, 2020

    Inventor Denied Redo For $50M Infringement Against NetScout

    A Texas federal judge denied an inventor's bid to retry its $50 million patent infringement claims against data security company NetScout Systems Inc., finding a jury's December verdict in favor of NetScout properly relied on the case's evidence.

  • June 04, 2020

    FCC Tells 5th Circ. It Can Restrict Subsidies To Huawei

    The Federal Communications Commission has told the Fifth Circuit it was well within its rights to restrict federal subsidies to telecommunications companies that buy equipment from Huawei, pushing back on the Chinese telecom giant's claims that the move violates the U.S. Constitution.

  • June 04, 2020

    EEOC Says Contractor Didn't Stop Noose References, Slurs

    A San Antonio-based contractor allowed white workers at a New York construction site to repeatedly reference nooses to black colleagues and make other explicitly racist and stereotypical comments, the U.S. Equal Employment Opportunity Commission has alleged in a new suit.

  • June 04, 2020

    ADT Seeks To Arbitrate Dispute Over Ex-Employee's Spying

    Security company ADT LLC has asked a Texas federal judge to grant arbitration for a proposed class action filed by a woman who claims her privacy was violated by a former employee who allegedly spied on customers with company cameras.

  • June 04, 2020

    Texas Court Orders New Trial In $740M Appraisal IP Fight

    A Texas appellate court reversed a record-setting $740 million trade secrets theft and fraud judgment for real estate analytics company HouseCanary against rival Amrock, holding flawed jury instructions require a new trial.

  • June 03, 2020

    Judges Worried About Virus' Impact On Upcoming Trials

    A trio of Texas judges said Wednesday they're worried about how jury trials will recover from the coronavirus pandemic, citing concerns from the effect on the overall jury pool to how face masks will impact a fundamental task of courts and trial attorneys — assessing juror and witness credibility.

  • June 03, 2020

    Carlyle Group Accused Of Forcing Authentix 'Fire Sale'

    Shareholders of trade security firm Authentix Inc. have accused private equity firm The Carlyle Group of forcing a "fire sale" of the company in 2017 at about one-third its value with the sole purpose of paying back investors, in what the shareholders say is a breach of fiduciary duty. 

  • June 03, 2020

    Divided Senate Confirms BakerHostetler Atty For Texas Court

    A BakerHostetler employment practice leader saw a party-line confirmation vote Wednesday to join a Houston-based federal court, with Democrats uniformly opposing him after criticism for his representation of employers in discrimination and hostile work environment cases.

  • June 03, 2020

    Fed. Circ. OKs Pharma Delivery Co.'s Mixed $24M Breach Win

    The Federal Circuit on Wednesday upheld a $24 million award in favor of pharmaceutical service company Tech Pharmacy Services LLC over a rival's breach of a nondisclosure agreement, but denied a bid for a new trial on whether the same company infringed patents covering tracking and delivering medicine.

  • June 03, 2020

    Feds Order Texas Man To Stop Peddling Coronavirus 'Cures'

    A man in Texas was hit by federal authorities this week with a temporary restraining order demanding that he stop selling what he advertised as cures for COVID-19 through his website.

  • June 03, 2020

    Magellan, Enterprise Settle $50M Oil Shipping Contract Fight

    A Magellan Midstream Partners LP unit and an Enterprise Products Partners LP affiliate have settled a $50 million fight over a crude oil shipping agreement just before the case was set for a bench trial, court records show.

  • June 03, 2020

    Texas Atty Tells 5th Circ. Warrants Needed In Phone Searches

    A Texas immigration attorney is urging the Fifth Circuit to find that the "humiliating and degrading" cellphone searches border agents subjected him to are unconstitutional, arguing that they shouldn't be permitted to conduct such searches without warrants.

  • June 02, 2020

    Texas County Can't Remand $41M Hurricane Harvey Suit

    A Texas federal judge rejected a county's bid to remand its $41 million Hurricane Harvey property damage suit to state court, ruling Tuesday that the county was wrong in saying that insurers waived their rights to transfer the case.

  • June 02, 2020

    Baylor Must Provide Pepper Hamilton Docs In Sex Assault Suit

    Baylor University must hand over discovery related to a law firm's investigation of its Title IX policies and reforms after waiving work product protection by mentioning the investigation in its defense against 15 women's claims that the school negligently responded to sexual assault reports, a Texas federal judge ruled Tuesday.

  • June 02, 2020

    Groups Support Review Of 9th Circ. Ariz. Voting Regs Ruling

    More than a dozen groups have urged the U.S. Supreme Court to review a Ninth Circuit majority's ruling in favor of the Democratic National Committee that found two Arizona voting regulations to be discriminatory. 

  • June 02, 2020

    Coronavirus Regulations: A State-By-State Week In Review

    While the nation's collective consciousness largely shifted this week from the COVID-19 pandemic to rage over the killing of George Floyd by Minneapolis police, state leaders grappling with sometimes violent protests still continued to map out life after the coronavirus.

  • June 02, 2020

    Total E&P Tells 5th Circ. To Undo $21.6M Jury Award

    Total E&P USA Inc. urged the Fifth Circuit during oral arguments Tuesday to not only reject a bid by a former business partner to tack an additional $11.4 million onto a $21.6 million jury verdict against the oil and gas company, but to order a whole new trial in the case.

  • June 02, 2020

    Templar Energy Starts Ch. 11 With Interested Bidders

    Bankrupt oil and gas exploration company Templar Energy kicked off its Chapter 11 case Tuesday in Delaware with as many as nine indications of interest from potential buyers as it seeks to liquidate its assets.

  • June 02, 2020

    VirnetX Wants Apple's 'Crucial' Docs Ahead Of $700M Retrial

    VirnetX is urging an Eastern District of Texas court to order Apple to turn over "crucial" documents about its virtual private network systems, which were found to have infringed VirnetX's patented technology, ahead of a new trial this summer over potentially $700 million in damages.

  • June 02, 2020

    5th Circ. Says Texas Hospital Immune From Nurse's ADA Suit

    The Fifth Circuit on Tuesday affirmed the dismissal of a suit alleging a University of Texas network hospital fired a nurse because of her disability, saying the hospital is immune as a state entity in part because its private and public funding can't be parsed.

  • June 02, 2020

    3 Firms Drive $365M Deal For Israeli Data Analytics Co

    Texas-based National Instruments Corp. has agreed to buy Israel-headquartered data analytics software provider OptimalPlus Ltd. for $365 million, the companies said Tuesday, in a deal put together with help from Wilson Sonsini, Yigal Arnon and Meitar.

  • June 02, 2020

    Texas AG Says Perpetual Consent To Union Dues Unlawful

    Texas Attorney General Ken Paxton has suggested that public employees who belong to unions should periodically be required to re-consent to payroll deductions that go toward union fees and that the state, not the unions, should verify that consent, according to a recent non-binding opinion he authored.

Expert Analysis

  • Caremark Precedent Should Inform Boards' COVID-19 Duties

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    Directors of Delaware corporation boards should consider the responsibilities established in Caremark as a framework for getting sufficiently involved in COVID-19 decision-making, both to help their corporations navigate this difficult period and to defend against potential duty to monitor claims, say attorneys at Boies Schiller.

  • 2 Tested Alternatives To Unavoidable Court Delays

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    Those seeking resolution in commercial disputes that are stuck in an unavoidable but lengthy court backlog due to the pandemic must consider the advantages of arbitration and mediation over court proceedings, says former U.S. District Judge Shira Scheindlin now at Stroock.

  • Opinion

    Minn. Ruling Represents Sensible Stance On Legal Finance

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    The Minnesota Supreme Court's Maslowski v. Prospect Funding Partners decision this week reaffirms that the doctrine of champerty is archaic, impedes important litigation finance activity, and should be abolished in the handful of states where it remains alive, says Andrew Cohen at Burford Capital.

  • Best Practices For A Paperless Law Practice

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    A significant challenge in practicing law remotely is the use and handling of documents without paper, because common digital tools such as email or even secure file transfer applications are problematic, say attorneys at Baker McKenzie.

  • Opinion

    Lawyers Must Address Racial Injustice With Radical Candor

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    The legal industry is uniquely positioned, and indeed obligated, to respond to the racial disparities made clear by the recent killings of George Floyd and Breonna Taylor, but lawyers must be willing to be uncomfortable, says Tiffani Lee at Holland & Knight.

  • How Lawyers Can Network Better, Virtually And In Person

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    The current decrease in formality and increase in common ground due to the work-from-home environment can make it easier to have a networking conversation, says Megan Burke Roudebush at Keepwith.

  • Texas Ruling Challenges Oil And Gas Anti-Washout Provisions

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    The Texas Supreme Court's recent opinion in Yowell v. Granite Operating Co. is the latest indication that the rule against perpetuities presents a unique challenge for overriding royalty interest owners who wish to utilize anti-washout provisions to carry an interest forward to new oil and gas leases, says Michael Reer at Harris Finley.

  • Practical Tips For Presenting Your Case To Litigation Funders

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    One mistake that attorneys commonly make when presenting a case to a third-party funder is focusing almost exclusively on liability and giving short shrift to the damages analysis — resulting in an aspirational damages estimate that falls apart under scrutiny, say Cindy Ahn and Justin Maleson at Longford Capital and Casey Grabenstein at Saul Ewing.

  • Perspectives

    The Case Against Solitary Confinement During Pandemic

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    Prisons and corrections systems must ensure that medical isolation during the pandemic does not devolve into prolonged solitary confinement that unduly burdens the individual liberty of people behind bars, says Marc Levin at the Texas Public Policy Foundation.

  • Avoiding Inadvertent Privilege Waivers In E-Communications

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    Attorneys at WilmerHale highlight recent developments in privilege law, the significant challenges raised by nontraditional working arrangements popularized during the pandemic, and ways to avoid waiving attorney-client privilege when using electronic communications.

  • Opinion

    Don't Cancel Your Summer Associate Programs

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    While pulling off an effective summer associate program this year will be no easy feat, law firms' investments in their future attorneys should be considered necessary even during this difficult time, says Summer Eberhard at Major Lindsey.

  • Aquaculture, Fishing Cos. Stand To Net Big Gains From Aid

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    A recent Trump administration executive order and a plan to distribute CARES Act funding to aquaculture and fishing businesses represent ambitious new federal support for these industries, and stakeholders should engage proactively as spending plans and application processes are developed, say attorneys at K&L Gates.

  • 5 Ways To Reduce Post-Pandemic Legal Malpractice Exposure

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    History suggests that legal malpractice claims will rise following the current economic downturn, and while a certain percentage of the claims will be unavoidable, there are prophylactic steps that law firms can take, says John Johnson at Cozen O'Connor.

  • Preparing For A Deluge Of COVID-19 Whistleblower Claims

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    Attorneys at Proskauer break down the kinds of COVID-19 whistleblower retaliation claims employers should anticipate, and explain key steps to minimize risks under the Occupational Safety and Health Act, National Labor Relations Act, Families First Coronavirus Response Act, and state laws.

  • COVID-19, Contango And Energy's New Economic Reality

    Excerpt from Lexis Practice Advisor
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    During the current pandemic, counsel for energy companies must be prepared for the market condition known as contango — where short-term and long-term energy prices operate differently — and with pressure from banks providing reserve-based lending facilities, says Cameron Kinvig at Lexis Practice Advisor.

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