Texas

  • June 17, 2024

    Microsoft Renews Sanctions Bid Against Texas IP Law Firm

    Microsoft asked a Texas federal court Friday to order Ramey LLP to pay its $100,000 attorneys' fees tab for "vexatiously" pursuing infringement litigation against it, even when the patent plaintiffs firm's now-former client CTD Networks LLC called for it to end.

  • June 17, 2024

    Discover Unit Settles Visa Card Transfers Antitrust Suit

    Pulse Network LLC gave notice Friday that it has settled its antitrust suit accusing Visa of locking banks and merchants into its debit network, resolving decade-old litigation two years after the Fifth Circuit revived the suit and ordered its reassignment away from a judge harboring "ingrained skepticism."

  • June 17, 2024

    SEC Alleges Texas Man Offered Virgin Sham $200M 'Lifeline'

    Securities regulators sued a venture capitalist and his investment firm in Texas federal court Monday, accusing the firm of making a bogus offer to invest $200 million into Virgin Orbit last year despite having less than $1 in its bank account and causing stock prices to swell before plummeting when the deal collapsed.

  • June 17, 2024

    Mifepristone Ruling Means End Of Texas DACA Suit, Feds Say

    A Texas-led coalition of states doesn't have standing to challenge the Deferred Action for Childhood Arrivals program after the U.S. Supreme Court's blockbuster decision rejecting a challenge to the abortion drug mifepristone, the Biden administration told the Fifth Circuit on Monday.

  • June 17, 2024

    Hurricane Coverage Fight Must Be Arbitrated, 5th Circ. Rules

    The Fifth Circuit has ruled that a group of domestic insurers could force arbitration of a coverage dispute for hurricane damage under an international arbitration clause despite conflicting state law, overturning the underlying ruling based on a since-issued opinion.

  • June 17, 2024

    Toss Universal Service Fund Challenge, FCC Urges 5th Circ.

    The Federal Communications Commission on Monday urged the Fifth Circuit to throw out a challenge to the agency's telecom subsidy system after the U.S. Supreme Court declined to take up a pair of similar cases.

  • June 17, 2024

    Exxon Investor Deal May End Suit Over Emissions Proposal

    Activist investor Arjuna Capital may yet evade Exxon Mobil Corp.'s lawsuit over a contentious greenhouse gas-related shareholder proposal the investor sought to include in the company's 2024 proxy statement, with a Texas federal judge on Monday seemingly ready to believe the investor's promises not to resubmit the proposal.

  • June 17, 2024

    Google Says Texas Took Opposing Positions On Key Law

    Google told a Texas federal court the state attorney general's office made arguments in the case accusing the tech giant of monopolizing display advertising technology that directly contradict arguments the state is making in a case challenging the Pregnant Workers Fairness Act.

  • June 17, 2024

    Ginnie Mae, HUD Want Bank's Loan Lien Suit Sent To Dallas

    The U.S. Department of Housing and Urban Development and Ginnie Mae pushed for the transfer of Texas Capital Bank's suit in Texas federal court over a vacated loan lien, arguing that the bank is contractually required to file its suit in a different division within the same district.

  • June 17, 2024

    DOL Says Insurers Can't Block ERISA Retirement Advice Regs

    The U.S. Department of Labor urged a Texas federal court to reject a group of insurers' bid to halt the implementation of recently finalized regulations expanding which types of retirement investment advice fall under the purview of federal benefits law, arguing the challengers' request wasn't justified.

  • June 17, 2024

    Tesla Slaps Supplier With $1B EV Battery Trade Secrets Suit

    Tesla is accusing one of its suppliers of corporate espionage in a $1 billion California federal lawsuit, saying that Matthews International has even tried to claim it invented the stolen trade secrets for manufacturing electric vehicle batteries by incorporating the confidential information into patent filings.

  • June 17, 2024

    'No Religious Freedom In Texas' If El Paso Org. Shut Down

    An attorney for a Catholic nonprofit accused by Texas Attorney General Ken Paxton of smuggling or harboring migrants told an El Paso judge Monday that Paxton shouldn't be able to use an "ancient" legal procedure in his attempt to shut it down.

  • June 17, 2024

    Dykema Adds Texas Insurance Trio From Chasnoff Valkenaar

    Dykema Gossett PLLC announced that it has hired three Texas-based insurance attorneys from Chasnoff Valkenaar & Stribling LLP in some of the state's biggest markets.

  • June 17, 2024

    CFTC Fines Trafigura $55M In Novel Whistleblower Action

    The U.S. Commodity Futures Trading Commission announced a first-of-its-kind settlement Monday with Trafigura Trading LLC, which agreed to pay a $55 million penalty over allegations that it manipulated oil derivatives prices while discouraging employees from reporting potentially illegal activity.

  • June 17, 2024

    Catching Up With Delaware's Chancery Court

    Proposed amendments to Delaware's General Corporation Law that were prompted by several recent Chancery Court rulings sailed through the state Senate last week despite loud opposition from corporate law professors and other Chancery Court watchers, and Tesla shareholders filed two new suits against CEO Elon Musk. 

  • June 17, 2024

    Foley Adds 3 Texas Attys From Jackson Walker, Jones Walker

    Foley & Lardner LLP announced Monday that it hired three Texas attorneys including a pair of media and entertainment partners from Jackson Walker LLP.

  • June 17, 2024

    Texas Bar Proposes Limits On Services From In-House Attys

    The State Bar of Texas said in-house lawyers working for companies owned by nonattorneys are barred from providing legal services to the businesses' customers unless the work meets specific criteria because otherwise, the companies run afoul of rules forbidding the unauthorized practice of law, according to a proposed ethics opinion.

  • June 17, 2024

    Texas High Court Restores Fossil Win Over Harassment Suit

    The Texas Supreme Court reinstated Fossil Group Inc.'s defeat of a former sales associate's lawsuit alleging it did nothing to curb a supervisor's lewd online comments and sexual harassment, finding the fashion company took swift action when it learned of the misconduct.

  • June 14, 2024

    Tata Must Pay $168M For Trade Secret Theft, Texas Judge Says

    A Texas federal judge has ordered Tata Consultancy to pay $168 million for willfully misappropriating an IT company's trade secrets concerning source code and life insurance software documentation, plus $25 million in prejudgment interest.

  • June 14, 2024

    Judge Converts Alex Jones Ch. 11, Tosses Media Co.'s Case

    A Texas bankruptcy judge on Friday turned Alex Jones' bankruptcy case into a Chapter 7, allowing a trustee to liquidate the right-wing conspiracy theorist and media personality's assets to repay creditors, but declined to convert the Chapter 11 of the company that runs Jones' online show, dismissing its petition instead.

  • June 14, 2024

    Due Process At Stake As Justices Back 2-Step Removal Notice

    The U.S. Supreme Court's decision that immigration hearing notices need not include the time and place of removal hearings for in absentia removal orders to be upheld could lead to further erosion of due process in removal proceedings, experts said.

  • June 14, 2024

    CFPB Says 5th Circ. Should Leave Payday Rule Case For Dead

    The Consumer Financial Protection Bureau urged the Fifth Circuit on Friday to deny efforts to revive industry litigation over the agency's 2017 payday loan rule, a case that went all the way to the U.S. Supreme Court based on a constitutional challenge that the agency ended up beating last month.

  • June 14, 2024

    Ex-OAG Deputy Picked For Houston Division Of Biz Court

    A former Texas deputy assistant attorney general and a Diamond McCarthy LLP partner are among Gov. Greg Abbott's latest picks for the statewide business court, according to a Friday announcement.

  • June 14, 2024

    Amazon On Hook For $122M In Ad Patent Case, Jury Says

    A federal jury in Waco, Texas, said Friday that Amazon should pay a small advertising software outfit almost $122 million, which was on the lower end of a request that stretched upward to $348 million.

  • June 14, 2024

    5th Circ. Says Jury Instructions Deeply 'Flawed' In Tax Suit

    A Fifth Circuit panel has found that the jury instructions for a $580,000 tax dispute were "irredeemably flawed," vacating the verdict and handing a loss to a partnership that claimed it had reasonable cause for its tax filing problems due to an employee's mental health issues.

Expert Analysis

  • Next Steps After 5th Circ. Nixes Private Fund Adviser Rules

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    The Fifth Circuit's recent toss of key U.S. Securities and Exchange Commission rules regarding private fund advisers represents a setback for the regulator, but open questions, including the possibility of an SEC petition to the U.S. Supreme Court, mean it's still too early to consider the matter closed, say attorneys at Debevoise.

  • Think Like A Lawyer: Always Be Closing

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    When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.

  • Deciphering SEC Disgorgement 4 Years After Liu

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    Since the U.S. Supreme Court’s 2020 decision in Liu v. U.S. Securities and Exchange Commission to preserve SEC disgorgement with limits, courts have continued to rule largely in the agency’s favor, but a recent circuit split over the National Defense Authorization Act's import may create hurdles for the SEC, say attorneys at Ropes & Gray.

  • Series

    Playing Chess Makes Me A Better Lawyer

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    There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.

  • Litigation Inspiration: Attys Can Be Heroic Like Olympians

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    Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.

  • What To Know As CFPB Late Fee Rule Hangs In Limbo

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    Though the Consumer Financial Protection Bureau's final credit card late fee rule faces an uncertain future due to litigation involving injunctions, emergency petitions and now a venue dispute, card issuers must understand how to navigate the interim period and what to do if the rule takes effect, say attorneys at Steptoe.

  • Lean Into The 'Great Restoration' To Retain Legal Talent

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    As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.

  • NY Combined Hearing Guidelines Can Shorten Ch. 11 Timeline

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    The Southern District of New York’s recently adopted guidelines on combining the processes for Chapter 11 plan confirmation and disclosure statement approval may shorten the Chapter 11 timeline for companies and reduce associated costs, say Robert Drain and Moshe Jacob at Skadden.

  • Opinion

    The FTC And DOJ Should Backtrack On RealPage

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    The antitrust agencies ought to reverse course on their enforcement actions against RealPage, which are based on a faulty legal premise, risk further property shortages and threaten the use of algorithms that are central to the U.S. economy, says Thomas Stratmann at George Mason University.

  • Opinion

    Bankruptcy Judges Can Justly Resolve Mass Tort Cases

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    Johnson & Johnson’s recent announcement of a prepackaged reorganization plan for its talc unit highlights that Chapter 11 is a continually evolving living statute that can address new types of problems with reorganization, value and job preservation, and just treatment for creditors, says Kenneth Rosen at Ken Rosen Advisors PC.

  • Series

    Fishing Makes Me A Better Lawyer

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    Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge​​​​​​​ at Robinson Bradshaw.

  • 5th Circ. Venue-Transfer Cases Highlight Mandamus Limits

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    Three ongoing cases filed within the Fifth Circuit highlight an odd procedural wrinkle that may let district courts defy an appellate writ: orders granting transfer to out-of-circuit districts, but parties opposing intercircuit transfer can work around this hurdle to effective appellate review, says Charles Fowler at McKool Smith.

  • A Healthier Legal Industry Starts With Emotional Intelligence

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    The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.

  • To Make Your Legal Writing Clear, Emulate A Master Chef

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    To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.

  • EPA Heavy-Duty Vehicle GHG Rules Face Bumpy Road Ahead

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    The U.S. Environmental Protection Agency's new standards to reduce greenhouse gas emissions for owners and operators of heavy-duty vehicles are facing opposition from both states and the transportation industry, and their arguments will mirror two pending cases challenging the EPA's authority, says Grant Laizer at Adams and Reese.

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