Patent agents who provide authorized legal services may invoke attorney-client privilege to withhold client communications, the Texas Supreme Court ruled Friday. The ruling supports Andrew Silver, the inventor of tablet technology for ordering and paying the tab at a restaurant. Silver claims Tabletop Media failed to pay him for his patent and is fighting a Dallas trial court’s order compelling the production of emails between Silver and his non-attorney patent agent. The Texas Lawbook has complete details.
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SCOTX: Mental Anguish Damages Possible for Negligent Mishandling of Corpse
Mental anguish damages might be available in a case alleging negligent mishandling of a corpse, the Texas Supreme Court ruled Friday, sending a recently argued case back to a Brown County court for trial. The justices upheld a ruling by the 11th Court of Appeals in Eastland that Nelson, Lobban’s only adult child, had common law and statutory rights as next of kin to determine the disposition of his mother’s remains.
Flying Pig Spotted: Fifth Circuit Grants Mandamus Relief in Privilege Dispute
The U.S. Court of Appeals for the Fifth Circuit is famously reluctant to grant a mandamus petition. The court recently invoked authority from 1881 as the reason for denial. But last week, a Fifth Circuit panel in a case that received little attention granted mandamus relief as to a finding of an extensive waiver of attorney-client privilege. This Texas Lawbook article explains the case and why it matters.
Toyota Lawyer-Turned-Whistleblower Central to Discovery Battle in Texas Case
A fierce and dramatic discovery battle with national litigation implications heads back to a Dallas civil courtroom this week. The case pits Frank Branson, one of the toughest trial lawyers to practice in Texas, against Toyota Motor Corp., the world’s largest automaker in a wrongful lawsuit.
The facts of the underlying dispute have taken a backseat to claims that Toyota is purposely concealing documents that are relevant to the case and refusing to allow its executives to testify about its safety databases. Branson’s team is asking a Dallas judge to unseal documents, leaked by Toyota in-house lawyer-turned-whistleblower, demonstrating the automaker’s previous patterns of concealing crucial evidence in other cases.
Sheppard Mullin to Open Office in Dallas
Los Angeles-based Sheppard Mullin, a 90-year-old law firm with more than 800 lawyers in 15 offices worldwide, is expected to announce in the couple weeks that it is opening an outpost in Dallas. The Texas Lawbook has learned that Sheppard Mullin will open its Texas operation with a mixture of lawyers that it is recruiting from existing Dallas law firms and lawyers it is relocating from other Sheppard Mullin offices.
Texas Appeals Court Upholds $288M Ruling for Highland Capital v. Credit Suisse
The Dallas Court of Appeals Tuesday upheld a lower court ruling for Dallas investment firm Highland Capital Management to recover nearly $288 million from Swiss bank Credit Suisse for a real estate deal gone wrong in the run up to the 2008 financial crisis. This Dallas Business Journal report has the details.
Holland & Knight Adds Houston Litigation Partner
Anna Sankaran lateraled over from Greenberg Traurig.
Three Partners Depart Gruber Hail to Open New Shop
Three partners at the 20-lawyer Dallas trial boutique Gruber Hail Johansen Shank are leaving the law firm to start their own practice. Trey Crawford, Dave Wishnew and Michael Lang have launched their own litigation shop.
Massachusetts Heats up Fiduciary Rule Discussion with Cold-blooded Enforcement
When financial services firms offer their representatives special incentives related to a specific product or service, they often draw the attention of securities regulators. But Ronak Patel of Winstead argues that a recent action by the Massachusetts Securities Division signals a shift in enforcement strategy and that financial firms in Texas should take note.
Patent Board Allows McKool Client Challenge of Immunex
The U.S. Patent Trial and Appeal Board refused to deny a challenge by a French pharmaceutical to a patent held by Seattle-based Immunex. The ruling sets the stage for a full-scale challenge to a patent on drug treatment for allergies, rhinitis and other immune system problems. Natalie Posgate has the details in The Texas Lawbook.