I am pleased to announced that The Texas Lawbook officially surpassed 9,000 paid subscribers in August – more than 2,000 of them are corporate in-house counsel and general counsel. The 25 largest law firms in Texas and more than 35 corporate in-house legal departments have subscriptions for all their lawyers. In addition, tens-of-thousands of more business leaders read Texas Lawbook articles that are republished in the Dallas Business Journal and Houston Chronicle. This article is an update on recent developments at The Texas Lawbook and plans for the months ahead.
Taking the Fifth in Civil Trade Secret Litigation: Win the Battle but Lose the War?
Oliver North and Mark McGwire are notable examples of people who asserted their Fifth Amendment right against self-incrimination by refusing to answer questions. Now, trade secret litigation between Google’s self-driving car division and Uber has a new twist. Anthony Levandowski is asserting the Fifth to avoid producing 14,000 trade secret documents he allegedly stole from Waymo.
Is this a trend and is it strategically smart? Or will it backfire by providing plaintiffs with an evidentiary hammer when the case is decided by the judge or jury. History is not on Uber’s side.
Haynes and Boone Lures Two Energy Litigation Partners in Houston
Craig Stahl and Jeffrey Kuehnle were formerly at Andrews Kurth Kenyon, where Stahl was the co-chair of the firm’s energy litigation practice.
Stahl says HayBoo had offices in key locations for their clients.
Why Judge Mazzant Terminated Proposed Overtime Rule
The proposed update to the overtime exemptions rule under the Fair Labor Standards Act was finally put out of its misery last week U.S. District Judge Amos Mazzant. The court ruled that the department cannot create a minimum salary so high that it makes the duties test irrelevant.
Five Tips for Hurricane Harvey Litigation
In the course of reviewing the Fifth Circuit’s commercial cases for my work on our firm’s 600Camp blog, I have read many opinons about disputes arising from Hurricane Katrina cases. In light of the havoc recently created by Hurricane Harvey, I wanted to share five observations to prepare for the litigation that will inevitably result.
Hurricane Harvey Threatens Huge Losses, but Insurance Can Help Weather the Storm
When Hurricane Wilma hit Florida in 2005, it caused an estimated $20 billion in property damage alone. Weather experts believe Hurricane Harvey could be even more powerful when it hits the Texas Gulf Coast, and the devastation is expected to be extraordinary. With damage and lost income estimates running into the billions, insurance policyholders should review their policies to determine whether or not their losses will be covered.
It’s All in the Draw: Ken Starr Tangles with Judge Edith Jones in J&J Hip Implant Mandamus
Plaintiffs’ lawyers battling Johnson & Johnson in a multi-district litigation over allegedly defective hip implants faced what appeared to be a couple of hostile Fifth Circuit judges who seemed ready to take the extraordinary step of stopping U.S. District Judge Ed Kinkeade of Dallas from moving forward with more bellwether trials. Oral arguments Thursday at the Fifth Circuit proved highly dramatic in a case that is attracting significant legal attention.
Trump’s Regulation Rollback Going Slow
Since January, Pres. Trump has signed scores of executive orders rolling back environmental regulations and proposed slashing the budgets of agencies tasked with addressing climate change. But many of the administration’s most high-profile actions are being held up in a slow-moving legal and political system that Trump’s team of Washington newcomers is still struggling to navigate.
5th Circuit: Judges Should Think Twice in Keeping Search Affidavits Sealed
Armed federal agents raided a suburban Houston aviation company 16 months ago based on a sealed affidavit. The result: employees quit, customers fled and the business went bankrupt. Agents still have not charged the business owner with a crime, but they will not let him see the affidavit either. But the Fifth Circuit, in an obscure ruling this week, said yes to greater access to court records in the pre-indictment stage. The Lawbook has the details.
Updated – Jeff Tillotson Deposes Warren Buffett & Marissa Mayer, Defeats Yahoo at 5th Circuit
The Fifth Circuit ruled Monday that Yahoo owes Dallas-based prize promoter SCA Promotions $5.5 million for backing out of a deal designed to pay $1 billion to anyone who successfully predicted the winner of all 63 games in the 2014 NCAA men’s basketball tournament.