Counsel News and Events for Attorneys and Executives

Litigation-Business

Are Your Employees’ Electronically-Signed Agreements Enforceable?

Are Your Employees’ Electronically-Signed Agreements Enforceable?

Insight
In several recent cases, employees have disputed that they electronically acknowledged an agreement with their employer,” writes Drew York for Gray Reed & McGraw.

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Texas Court Holds Drop in Oil Prices is Not Force Majeure

News
Oil and gas operators should be careful to expressly identify any market-based risks that they want to encompass within force majeure provisions, advises Liskow & Lewis.

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$17M Target Data Breach Settlement Affirmed on Second Try

$17M Target Data Breach Settlement Affirmed on Second Try

News
The settlement, which provides for a $10 million fund for customers and $6.75 million for plaintiffs’ attorneys, won final approval in November 2016, according to Bloomberg Law.

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King & Spalding Case Spotlights Response to Ethics Report

News
The associate thought the partners showed “poor judgment” in ignoring red flags, “even after it became clear that ZTE had repeatedly provided false information” to the court, according to Bloomberg Law.

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VA Nurses’ Class-Action Overtime Lawsuit Could Open Door to More Plaintiffs

News
Class representatives brought the lawsuit on behalf of nurse practitioners and physician assistants from VA facilities across the country.

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Trump’s Lawyer Michael Cohen Expects to Be Arrested Any Day Now: Reports

Trump’s Lawyer Michael Cohen Expects to Be Arrested Any Day Now: Reports

News
An ex-White House official said that “Trump should be super worried about Michael Cohen” deciding to cooperate with federal prosecutors against the president.

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Defrauded Students of For-Profit Schools Will Stay Indebted, Judge Rules

News
A proposed class of borrowers had asked U.S. Magistrate Judge Sallie Kim to revive an Obama-era policy that promised full debt forgiveness to students defrauded by the now-defunct, for profit Corinthian Colleges, reports Courthouse News Service.

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McKool Smith Wins the Most ‘Top 100 Verdicts’

McKool Smith Wins the Most ‘Top 100 Verdicts’

News
In 2002, The National Law Journal published its first annual listing of the nation’s ‘Top 100 Verdicts.’ Since that time, no law firm in the country has won more Top 100 Verdicts than McKool Smith.

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Texas Family Sues U.S. Over Church Massacre

News
The lawsuit in federal court claims  the U.S. Air Force acted negligently when it failed to report the criminal record of gunman Devin Kelley to a U.S. database, reports Reuters.

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Nurse Practitioners, Physician Assistants Receive Class Action Status in VA Overtime Suit

News
A federal judge has certified a class action lawsuit involving nurse practitioners and physician assistants accusing the U.S. Department of Veterans Affairs of failing to pay overtime since 2006.

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New Survey Results: Examining the State of E-Discovery 2018

New Survey Results: Examining the State of E-Discovery 2018

Insight
“The State of E-Discovery 2018” covers the results of an Exterro survey of industry trends, practices and challenges and is available for downloading at no charge.

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Fifth Circuit Allows Non-Signatories to Enforce Arbitration Agreement

News
The Fifth Circuit has affirmed an order compelling arbitration, despite the fact that the parties seeking to compel arbitration were not signatories to the relevant arbitration agreement, according to Carlton Fields.

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Biglaw Firm Gets Benchslapped Over ‘Astonishing’ Fee Request

News
Massachusetts Superior Court Judge Mitchell H. Kaplan criticized Latham for charging such a high fee “to file a brief that a first-year law student could write.”

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Sheppard Mullin Conflict Waiver Case Puts Big Fee at Stake

News
The question for this case of first impression is whether a law firm needs to tell a sophisticated client about a specific conflict when it arises, or whether the firm can instead rely a boilerplate advance conflict waiver in the client’s engagement agreement, reports Bloomberg Law.

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Blockbuster Term: Justices Could Determine Limits of Courts’ Ability to Check Trump Administration

Blockbuster Term: Justices Could Determine Limits of Courts’ Ability to Check Trump Administration

News
The next term for the U.S. Supreme Court could bring some blockbuster rulings that will signal to lower courts how they should treat the unorthodox President Trump, predicts The Washington Times.

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Subcontractors Sue Valero Over Explosion at Texas City Refinery

News
The workers are seeking damages based on claims that they suffered orthopedic injuries and hearing loss from the accident and are dealing with post-traumatic stress disorder, reports the San Antonio Business Journal.

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North Texas Spa Sued Over Drowning Death in Sensory Deprivation Tank

News
A Texas plaintiff has filed a wrongful death lawsuit against The Float Spot, alleging the company’s negligence led to the drowning death of a 71-year-old woman in one of its aquatic sensory deprivation tanks.

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Avoid Prejudgment Interest By Expressly Saying So in the Contract

Insight
Striking an interest provision from a draft subcontract wasn’t enough to keep a party to the agreement from being required to pay interest, according to a review of a Missouri case by in Pepper Hamilton’s Constructlaw blog.

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Trump Brand Loses Trademark Licensing Dispute – Rules of Contract Law Prevail

Insight
When a dispute involves the Trump brand for residential buildings, the adjudication of rights and obligations under a trademark license agreement can become national news, according to a Dorsey blog post.

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Texas Appellate Court Affirms $11M Jury Verdict for Deadly Choctaw Casino Bus Crash

News
A Texas appellate court has affirmed an $11 million verdict against the Choctaw Nation of Oklahoma, upholding a May 2016 jury verdict that the Choctaw Casino bore responsibility for a deadly 2013 crash.

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