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Texas

  • May 28, 2021

    Law360 Names 2021's Top Attorneys Under 40

    We're pleased to announce Law360's Rising Stars for 2021, our list of 180 attorneys under 40 whose legal accomplishments transcend their age.

  • May 28, 2021

    Six Flags Says Insurer Withheld Coverage Of Investor Suits

    Six Flags Entertainment Corp. says a Travelers unit wrongfully refused to cover it in underlying investor class litigation and a U.S. Securities and Exchange Commission investigation over inflated stock prices after the company allegedly exaggerated overseas business successes.

  • May 28, 2021

    Key Opioid Trials To Watch As Cases Heat Up Nationwide

    With the coronavirus crisis cooling down, a pressure cooker of opioid litigation is heating up with long-awaited trials across the country. Here, Law360 maps out the hottest cases and spotlights must-know details in trials that are underway or imminent.

  • May 28, 2021

    Baylor Denied Directed Verdict In Sex Assault Trial

    Baylor University argued for and was denied a directed verdict in a jury trial on Friday as the former student athlete who alleges she was sexually assaulted by two fellow student athletes rested her case.

  • May 28, 2021

    VLSI Seeks Do-Over After WDTX Jury Cleared Intel In $3B Suit

    VLSI has moved for a new trial after a Western District of Texas jury found last month that Intel didn't infringe its chip patents and rejected its request for $3 billion in damages, saying Intel "directly violated black-letter law" throughout the trial.

  • May 28, 2021

    GOP Introduces Bill That Would Ban Federal Vaccine Passport

    A group of Republican senators introduced a bill on Friday that would ban the federal implementation of so-called COVID-19 vaccine passports and prohibit the government from working with third parties to establish their own vaccine passports.

  • May 28, 2021

    Senate Punts On Massive Tech, Trade Bill Aimed At China

    The Senate on Friday unexpectedly postponed final action on a major bipartisan bill with more than $200 billion meant to fuel technological and economic competition with China.

  • May 28, 2021

    Texas Justices Rule E-Signature Compels Arbitration

    The Texas Supreme Court on Friday ruled that electronic signatures of four temporary contractors were valid to compel arbitration of their employment discrimination claims, saying the electronic attribution system verifying their signatures is sufficient.

  • May 28, 2021

    7 Bills That Died In The Texas Legislature This Session

    With the Texas legislative session wrapping Monday, lawmakers left behind hundreds of bills that lost steam during the process, including proposals to create a statewide business court, change uninsured and underinsured motorist insurance guidelines, and install a process to review outside counsel contracts signed by the attorney general.

  • May 28, 2021

    CBL Creditors Oppose Equity Holder Committee In Ch. 11

    Unsecured creditors of mall owner CBL & Associates told a Texas bankruptcy judge that they oppose the creation of an official committee of preferred equity holders in CBL's Chapter 11 case because it would drain the limited resources of the company's estate.

  • May 28, 2021

    Texas Justices Agree To Hear Navy Helicopter Crash Suit

    The Texas Supreme Court agreed Friday to review a suit accusing a military contractor of improperly maintaining a U.S. Navy helicopter that crashed and killed three, after the service members' widows argued suits can't be dismissed for merely mentioning the military.

  • May 28, 2021

    Real Estate Rumors: Ambach, Freeway Logistics, CFH

    Investor Mark Ambach is reportedly hoping to build 200 apartment units in Lake Worth Beach, Florida, Freeway Logistics is said to be leasing 97,440 square feet in Houston, and developer CFH Group has reportedly gotten the green light to build 266 apartments near the Miami International Airport.

  • May 28, 2021

    Legal Recruiter Can't DQ Old Co.'s Atty In Trade Theft Suit

    A federal magistrate judge has denied a legal recruiter's bid to disqualify his former company's counsel in a trade secrets suit, ruling that while the attorney may have to now be a witness at the trial, disqualifying him from pretrial proceedings would be premature.

  • May 27, 2021

    Senate Adds Trade Package To Major Tech Bill Aimed At China

    The Senate on Thursday added a major section on international trade to a sprawling bill that already contained roughly $250 billion to boost the country's technological and economic competition with China, including over $50 billion for domestic semiconductor production and $1.5 billion for telecommunications funding along with enforcement boosts for intellectual property and antitrust.

  • May 27, 2021

    3rd Circ. Says NJ Cap Doesn't Block Mesh Case Fees In Texas

    The Third Circuit on Thursday declined to revive class claims that lawyers ran afoul of a New Jersey rule capping contingent fees by taking allegedly excessive cuts of settlement awards in Texas pelvic mesh litigation against Johnson & Johnson and its Ethicon unit, saying the provision didn't apply to the attorney fees.

  • May 27, 2021

    IP Forecast: Cell Giants To Defend Wireless Tech In EDTX

    U.S. District Judge Rodney Gilstrap is scheduled to kick off two new patent infringement trials the first week of June, including one inventor's wireless technology claims against AT&T;, T-Mobile, Sprint and Verizon. Here is a look at those cases plus other major intellectual property matters on deck in the coming week.

  • May 27, 2021

    Thai Court Investigating Toyota Judicial Bribery Claims

    Thailand's Court of Justice Thursday said it was investigating claims that Toyota may have bribed sitting judges on the country's Supreme Court, citing Law360's exclusive report that detailed the carmaker's internal corruption probe and an ongoing Foreign Corrupt Practices Act investigation by U.S. law enforcement.

  • May 27, 2021

    Texas Railway Mechanics Nab Collective Cert. In OT Suit

    A group of railway mechanics working for a Texas transportation maintenance and equipment supplier secured collective certification in their suit alleging overtime violations, following a federal judge's approval.

  • May 27, 2021

    Texas Panel Clears Attys Of Barratry In Horizon Oil Spill Suit

    A Texas appellate panel on Thursday affirmed a pair of rulings dismissing barratry claims suits against three Houston attorneys accused of unethically soliciting clients for litigation stemming from the 2010 Deepwater Horizon oil spill, finding the claims were filed too late.

  • May 27, 2021

    Castex Ch. 11 Plan Close To Final But More Talks Needed

    Bankrupt offshore oil and gas production company Castex Energy told a Texas judge Thursday it has reached agreement with stakeholders on the framework of a Chapter 11 plan, but additional discussions are needed before presenting it for confirmation.

  • May 27, 2021

    Oil Co. Asks Texas Justices To Revisit Apache Arbitration Row

    A Fort Worth, Texas, oil and gas company wants the state Supreme Court to reconsider its April ruling that Apache Corp. can arbitrate a dispute over $15 million in attorney fees and settlement costs related to third-party lawsuits, arguing the court's decision "rewrote" the companies' arbitration agreement.

  • May 27, 2021

    Walmart, Store Operator Owe $1.1M For Customer's Fall Injury

    A Texas federal jury has awarded $1.1 million to a woman who tripped on a wet mat while exiting a Walmart store in 2017, finding the store itself 80% at fault for her injuries and Walmart Inc. 20% liable.

  • May 27, 2021

    Home Financing Biz Homeward Lands $371M In Series B

    Austin, Texas-based home financing business Homeward said Thursday it closed on $371 million in its Series B financing from investors such as Norwest Venture Partners, Blackstone Alternative Asset Management and Adams Street Partners.

  • May 27, 2021

    Lower Courts Can't Alter Appellate Cost Awards, Justices Say

    Federal district courts lack the discretion to reduce or eliminate appellate costs awarded by appeals courts to a successful appellant, the U.S. Supreme Court said Thursday, affirming a Fifth Circuit ruling that forced the City of San Antonio and other municipalities to cover the $2 million cost of an appeal bond after Hotels.com prevailed in a tax case.

  • May 27, 2021

    Texas AG's Securities Fraud Suit Will Return To His Home Turf

    A split Texas appellate court on Thursday determined the felony securities fraud case against Texas Attorney General Ken Paxton should be tried in Collin County, not Harris County.

Expert Analysis

  • 5 Tips To Help Your 2021 Summer Associates Succeed

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    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.

  • Opinion

    It's Time For States To Enact Effective Marijuana DUI Laws

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    The increasing legalization of recreational marijuana spotlights the need for states to safeguard the public by developing laws to curb driving under the influence of drugs with uniform bright-line rules, along with more accurate testing and increased law enforcement training, say Laura Sedrish at Jacoby & Meyers and Victor Schwartz at Shook Hardy.

  • Firms Should Use Surveys To Make Smart Legal Tech Choices

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    The utility of legal technology innovations may be limited without clear data and objectives from the outset, but targeted surveys can provide specific insights that enable law firms to adopt the most appropriate and efficient tech solutions, says Tim Scott at Frogslayer.

  • Rover Pipeline Case Shows Risks Of Project Abandonment

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    The case of U.S. Pipeline v. Rover Pipeline, decided recently by a Texas court, demonstrates for contractors that walking away from an ongoing project because of a contract dispute can come with an enterprise-threatening level of risk, says A.J. Ferate at Spencer Fane.

  • Don't Forget Due Diligence In Race For Lateral Associate Hires

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    Amid high demand for associates and aggressive competition to attract talent, law firms should take three key steps to conduct meaningful prehire due diligence and safeguard against lateral hiring mistakes that can hurt their revenue and reputation, says Michael Ellenhorn at Decipher.

  • FDCPA Rulings Show Spokeo's Influence, 5 Years Later

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    After the U.S. Supreme Court's 2016 Spokeo v. Robins decision made it harder for plaintiffs to establish violations of consumer protection statutes such as the Fair Debt Collection Practices Act, federal appeals courts didn't immediately fall in line — but recent decisions suggest that the tide may be turning, say Brett Watson and Karl Riley at Cozen O'Connor.

  • Lessons In Civility From The Alex Oh Sanctions Controversy

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    Alex Oh’s abrupt departure from the U.S. Securities and Exchange Commission and admonishment by a D.C. federal judge over conduct in an Exxon human rights case demonstrate three major costs of incivility to lawyers, and highlight the importance of teaching civility in law school, says David Grenardo at St. Mary's University.

  • Maritime Worker Injury Claims After 5th Circ. Welder Ruling

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    While the Fifth Circuit recently held in Sanchez v. Smart Fabricators that an injured offshore welder could not pursue damages under the Jones Act, certain maritime workers may be able to pursue comparative claims under a longshoremen workers' compensation statute or the Sieracki doctrine, says Grady Hurley at Jones Walker.

  • Opinion

    Biz Record Admissibility Rule Must Adapt To An ESI World

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    The federal rule that permits the use of business records as evidence must be amended to address the unreliability of electronically stored information and inconsistent court frameworks on email admissibility, say Josh Sohn and Nadia Zivkov at Stroock.

  • Illinois Ruling Clarifies Ch. 7 Substantial Contribution Claims

    Excerpt from Practical Guidance
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    In its recent Concepts America decision, the Illinois bankruptcy court didn't settle the debate over Chapter 7 substantial contribution claims, but provided useful guidance regarding a conflict that is likely to continue absent appellate precedent or legislative action, say Daniel Merrett and Mark Douglas at Jones Day.

  • COVID Experiences Could Play Into Gas Price-Gouging Suits

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    Following the spike in gasoline prices from the Colonial Pipeline cyberattack, consumers and state regulators may draw on pandemic-related experiences to shape price-gouging claims, but businesses can do the same to ensure compliance with state laws and lay the foundation for a solid litigation defense, say attorneys at Proskauer.

  • Bankruptcy Court's NRA Ruling Illustrates Ch. 11 Filing Pitfalls

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    While the facts in the Texas bankruptcy court's recent ruling dismissing the National Rifle Association's bankruptcy petition are extreme, the decision underscores why debtors seeking Chapter 11 relief should avoid inconsistent messaging, the appearance of an improper purpose for filing and straying from corporate governance protocols, say attorneys at Cleary.

  • What Attorneys Should Know About State MDLs

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    Many state courts have their own systems for consolidating cases that both resemble and differ from federal multidistrict litigation, and practitioners should understand the advantages and disadvantages of state MDL procedures for particular litigation, say Zachary Clopton at Northwestern Law and Theodore Rave at University of Houston Law.

  • Incentivizing Customers In States Banning Vaccine Passports

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    As several states make vaccine passports illegal, businesses that want their customers vaccinated should try incentives rather than making services conditional, which could run afoul of anti-discrimination laws, say Chase Hattaway and Michael Tessitore at Rumberger Kirk.

  • Series

    Judging A Book: Rodriguez Reviews 'When Machines Can Be Judge'

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    Katherine Forrest's new book, "When Machines Can Be Judge, Jury, and Executioner," raises valid transparency concerns about artificial intelligence tools used by judges when making bail and sentencing decisions, but her argument that such tools should be rejected outright is less than convincing, says U.S. District Judge Xavier Rodriguez of the Western District of Texas.

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