The $100,000 Question: Should Expedited Trials Be Mandatory or Voluntary?

Texas Lawyer

Monday, February 6, 2012

To meet a requirement in the 2011 loser-pays law, the Texas Supreme Court now must review two sets of rules for expedited trials. The high court's task force couldn't agree on whether expedited trials for low-dollar cases seeking $100,000 or less in damages should be mandatory or voluntary. Alan Waldrop and David Chamberlain explain the two sides.

Firm Alleges Defendants Misappropriated Trade Secrets

Texas Lawyer

Monday, February 6, 2012

Shrader & Associates of Houston has filed a petition in Harris County state district court alleging a former office manager at the firm provided "confidential, proprietary, and privileged information" from the firm's computer server to a Houston lawyer and firm. The civil action follows a 2011 indictment of the former manager for felony theft for allegedly taking more than $200,000 from Shrader & Associates.

Opinion Allowing Sentimental-Value Damages Appealed

Texas Lawyer

Monday, February 6, 2012

A defendant has asked the Texas Supreme Court to reverse a first-of-its kind opinion that allows a family to recover damages for the "sentimental value" of a dog. In a petition for review, the defendant alleges the 2nd Court of Appeals' opinion in the case creates a new loss-of-companionship cause of action for a pet's death and therefore should be reversed on public policy grounds. The dog was named Avery.

Inadmissible

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Texas Lawyer

Monday, February 6, 2012

"Trailblazing to the Top," "Marker Dedication" and "Firm Merger"

Bar Task Force to Study Issues Related to Indigent Pro Se Litigants

Texas Lawyer

Monday, February 6, 2012

The State Bar of Texas has created a task force to study issues related to indigent pro se litigants after controversy reached a crescendo in mid-January over a Texas Supreme Court effort to make pro se divorce forms. On Jan. 30, State Bar President Bob Black (pictured) wrote to Texas Supreme Court Chief Justice Wallace Jefferson to inform him about the new "SOLUTIONS 2012" task force.

Legal Mal/Negligence Suit Seeks Millions From Orrick L.A., London

Texas Lawyer

Monday, February 6, 2012

Dallas' Highland Financial Partners LP and two related companies filed suit in state court on Jan. 25, alleging "legal malpractice/negligence" against Orrick, Herrington & Sutcliffe in connection with how Orrick handled a financial transaction. But Baker Botts partner Rod Phelan of Dallas represents the defendants.

Newsmakers

Texas Lawyer

Monday, February 6, 2012

Deal of the Week: Apache to Acquire Cordillera Energy Partners

Texas Lawyer

Monday, February 6, 2012

Bracewell & Giuliani represents Apache Corp. of Houston in its pending acquisition of Cordillera Energy Partners III LLC for $2.85 billion in cash and stock. The privately held Cordillera of Greenwood Village, Colo., turned to lawyers from Andrews Kurth and Thompson & Knight. G. Alan Rafte was part of the Bracewell team.

EDTX Patent Suits

Texas Lawyer

Monday, February 6, 2012

Patent suits filed in the U.S. District Court for the Eastern District of Texas from Jan. 27 to Feb. 1 include cases Marcosolve Inc. filed against Facebook Inc., Hyatt Corp., Newegg Inc. and Yelp! Inc. for alleged infringement of a patent for a system and method for data management. In another case, Allergan Inc. filed a suit alleging infringement of a patent for "Enhanced Ophthalmic Solution."

Discipline

Texas Lawyer

Monday, February 6, 2012

One lawyer has resigned in lieu of discipline, another has been suspended for 18 months, and two others have been placed on probation, the State Bar of Texas reported recently.

Case Summaries

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Texas Lawyer

Monday, February 6, 2012

The following state and federal court opinions were issued from Jan. 19 to Jan. 27. Practice areas addressed in these cases include appeals, real property, torts, criminal law, appeals, arbitration, civil practice, commercial law and contracts, among others. Subscribers have access to the full text of these opinions online and can receive Texas Lawyer's Daily Case Alert, which includes the very latest opinions issued by state and federal appellate courts in Texas. To sign up to receive the Daily Case Alert in your inbox each day, click here.

Appellate Lawyer of the Week: Demolition Man

Texas Lawyer

Monday, February 6, 2012

When the Texas Supreme Court issues a revised majority opinion that is a substitute for the original, the prevailing lawyers and their clients tend to fear the worst. Will the court roll back their hard-earned victory? A Dallas solowas in that position when he first read the high court's Jan. 27 revised opinion in City of Dallas v. Heather Stewart.

Tactical Considerations in Depositions

Texas Lawyer

Monday, February 6, 2012

If a suit is a war between the parties, then depositions are skirmishes leading up to the final, outcome-determinative battle: trial. Should a trial attorney use all available evidence and cross-examination points in an effort to win every deposition skirmish or hold back until the final battle of trial?

A-Z on E-Discovery: What Does the Future Hold?

Texas Lawyer

Monday, February 6, 2012

Litigation in the 21st century, particularly e-discovery, has been the subject of vigorous substantive debate and detailed study. Opinions are pointed and varied as to the state of litigation and whether systemic reform truly is needed. Undoubtedly, e-discovery is the information highway most traveled.

Gig 'Em, Longhorn: A&M System GC Runs the Ball in Aggies' Move Out of Big 12

Texas Lawyer

Monday, February 6, 2012

In September 2011 when Ray Bonilla became general counsel of The Texas A&M University System, the Aggies had already decided to leave the Big 12 Conference for the Southeastern Conference. Since then, one of Bonilla's major roles has been negotiating the financial terms of the withdrawal from the Big 12 by Texas A&M University.

What SEC Policy Can Mean for In-Housers

Corporate Counsel

Monday, February 6, 2012

Consider the curious case of Jay Lapine. Between 2003 and 2009, the onetime general counsel of McKesson HBOC Inc. successfully fought off two criminal indictments for financial reporting fraud. Then he settled civil charges with the Securities and Exchange Commission, agreeing to pay a $60,000 penalty and to not practice before the commission or act as an officer or director of a public company for five years. Sounds like a bitter pill to swallow.

Lesser-Known Speeches Hold Lessons for GCs

Texas Lawyer

Monday, February 6, 2012

Lawyers know the big speeches in American history: Franklin Delano Roosevelt declaring a "date that will live in infamy," Abraham Lincoln consecrating the ground at Gettysburg and the Rev. Dr. Martin Luther King Jr. urging racial equality at the Lincoln Memorial. But Michael P. Maslanka writes that there are lesser-known speeches that teach legal-department leaders valuable lessons, in the workplace and in life.

In-House Texas: February 2012

Texas Lawyer

Monday, February 6, 2012

In September 2011 when Ray Bonilla became general counsel of The Texas A&M University System, the Aggies had already decided to leave the Big 12 Conference for the Southeastern Conference. Since then, one of Bonilla's major roles has been negotiating the financial terms of the withdrawal from the Big 12 by Texas A&M University. Also in this issue, "What SEC Policy Can Mean for In-Housers," "Lesser-Known Speeches Hold Lessons for GCs" and in a special report on immigratioin law, "Pass the ICE Test: Nine I-9 Recordkeeping Tips," "Before and After the ICE Subpoena Arrives" and "Discriminatory Hiring Practices Based on Immigration Status."

Pass the ICE Test: Nine I-9 Recordkeeping Tips

Texas Lawyer

Monday, February 6, 2012

Under President Barack Obama's administration, U.S. Immigration and Customs Enforcement has shifted its enforcement focus away from the worker and toward the employer, writes Karen-Lee Pollak. This has increased worksite investigations and the levy of substantial fines, penalties and criminal charges.

Before and After the ICE Subpoena Arrives

Texas Lawyer

Monday, February 6, 2012

In 2011, U.S. Immigration and Customs Enforcement and the U.S. Customs and Immigration Service issued thousands of notices of inspection and subpoenas. In 2012, enforcement efforts against employers will intensify, writes Robert F. Loughran.

Discriminatory Hiring Practices Based on Immigration Status

Texas Lawyer

Monday, February 6, 2012

As a result of an increase in employer audits by government agencies, some businesses are overcorrecting, writes Jason Mills. In an attempt to avoid hiring those not authorized to work, they violate the law by demanding too much proof of work eligibility or requiring such documentation only from some job candidates.

All I Needed to Become Partner I Learned in Elementary School

The Legal Intelligencer

Monday, February 6, 2012

This time fills senior associates with both hope and fear. Trust me. I've been there. Recently, in fact.

Tracing the Effects of Oil and Gas Industry Political Donations

Corporate Counsel

Monday, February 6, 2012

As news reports highlight the millions of dollars flowing from corporations and individuals into this year?s presidential election campaigns, money also continues to have an influence on members of Congress. Of 36 U.S. Senators who rank the oil and gas industry among their top 10 contributing industry groups, 31 sponsored or co-sponsored a bill earlier this week to try to push through the controversial Keystone XL oil pipeline.

What Causes Lawyers to Over-Preserve?

Law Technology News

Monday, February 6, 2012

It's hard to persuade attorneys to accept leaner, less costly preservation protocols. Irrational fear of sanctions and spotty familiarity with information technology have so conditioned lawyers to over-preserve that when advised there's no need to keep something, they reply, "Let's keep it anyway ? just to be safe."

Congress' Unconstitutional Pay Freeze

The National Law Journal

Friday, February 3, 2012

Its failure to implement cost-of-living adjustments violates the 27th Amendment ? introduced by James Madison in 1789 and ratified two centuries later.

Rethinking 'American Taliban' John Walker Lindh

The National Law Journal

Friday, February 3, 2012

His 20-year sentence is way out of proportion, compared with those of other convicted military detainees.

Changing Gender ? The New Sex Discrimination

The Connecticut Law Tribune

Friday, February 3, 2012

Shifting tide of legal decisions should put employers on alert.

E-Discovery: A Question of Costs

The National Law Journal

Thursday, February 2, 2012

A discovery order in October against KPMG LLP hit the defense bar like a tire iron ? the accountancy firm said the expense might run to $100 million dollars.

Understanding the NLRB's Latest Social Media Report

Corporate Counsel

Thursday, February 2, 2012

When can an employee be fired for comments posted on Facebook that reference his or her employer? When, in turn, are an employer's rules about such postings unlawful? These and other questions about social media in the employment context form the basis of a new report [PDF] issued by the office of general counsel at the National Labor Relations Board.