Texas

  • November 25, 2020

    Fed. Circ. Backs PTAB Win For Twitter On Video Patent

    The Federal Circuit on Wednesday upheld the Patent Trial and Appeal Board's invalidation of a VidStream social media patent, rejecting the patentee's argument that Twitter had not proven that the book that rendered the patent obvious was available to the public.

  • November 25, 2020

    Texas A&M Sued After Supervisor's Restroom Spying Arrest

    A Texas A&M employee has sued the university and her former supervisor, who was arrested on suspicion of secretly recording women using the restroom, claiming her employer did not stop him from sexually harassing her or properly investigate the incident.

  • November 25, 2020

    Ex-Secretary Says Texas Firm Axed Her For Reporting Abuse

    A former secretary at Hartline Barger LLP has sued the firm in Texas federal court, alleging she was wrongfully terminated and suffered abusive behavior after requesting an earlier work schedule to receive treatment for breast cancer.

  • November 25, 2020

    Texas Tries Again To Undo $29M Verdict Over Highway Project

    Texas' government asked the state Supreme Court on Tuesday to review an appeals court's approval of a $29 million verdict for a developer who claimed that a highway project and related land condemnation tanked the value of the developer's residential project site, saying the ruling was incorrect.

  • November 25, 2020

    Apple Says Skin Tones Used In Emojis Can't Be IP

    Apple Inc. is urging a Texas federal judge to kill a copyright infringement lawsuit over its emojis with diverse skin tones, contending the company suing it can't claim rights to "naturally occurring" human characteristics like skin color.

  • November 25, 2020

    Coronavirus Regulations: A State-By-State Week In Review

    Ahead of the long weekend, when Americans are most known for gathering and traveling, Thanksgiving-minded governors laid down more restrictions as COVID-19 cases continued surging over the past week.

  • November 25, 2020

    Texas PI Firm Settles Client Poaching Suit With Fired Atty

    A Texas personal injury firm has resolved a dispute with a former attorney it accused of poaching 50 mass tort litigation clients after she was fired for what the firm says was bad performance, just weeks after the fight hit the courts.

  • November 25, 2020

    Embattled Energy Exec Charged In $317M N95 Mask Scheme

    A Houston energy executive already facing criminal fraud charges related to what jurors determined was infringement on Chevron's trademark has now been accused of duping an Australian state into paying $317 million for non-existent N95 face masks.

  • November 25, 2020

    4 Key Insurance Appeals To Watch In December

    Appeals courts will take on several important insurance coverage issues in 2020's final month, with the Delaware Supreme Court set to weigh whether an excess insurer must contribute to Dole's $222 million settlements of stockholder suits and Indiana's high court primed to consider whether a ransomware attack is covered by crime insurance. Here, Law360 breaks down four insurance appeals attorneys will be watching in December.

  • November 24, 2020

    Consulting Co. Can't Sue Contractor For Switching Firms

    A Texas appellate court on Tuesday declined to revive an oil and gas consulting company's breach of contract lawsuit against a former independent contractor, finding the consulting company's noncompete clause was unenforceable.

  • November 24, 2020

    Dish, Altice Sued Over Infringing Network Patents

    Dish and Altice are accused of infringing patents issued in the early 2000s with smart devices that use technology to reduce antenna interference and synchronize communication systems, according to a flurry of lawsuits leveled in a Texas federal court this week.

  • November 24, 2020

    Steptoe Says Texas Is Wrong Forum For $6M Malpractice Suit

    Steptoe & Johnson LLP asked a Texas federal court to toss a former client's negligence case over $6 million in unrecovered dumping duties, saying neither the firm nor its attorneys have sufficient ties to the Lone Star State.

  • November 24, 2020

    Texas Mall Accuses Simon Of Monopolizing Retailers

    A south Texas shopping center owner has requested a state court's help in preventing landlord Simon Property Group, which recently acquired J.C. Penney's operating assets, from using allegedly anti-competitive behavior to restrict retail locations and close the mall's J.C. Penney store.

  • November 24, 2020

    Apple's Bottled Water Supplier Sues Cos. Over Dirty Delivery

    Vita Water has filed a product liability suit against its bottled water suppliers in Texas federal court, alleging their first shipment to its largest customer, Apple, was so contaminated that live protozoa could be seen through a microscope "wriggling" in the water.

  • November 24, 2020

    Home Depot To Pay $17.5M To States Over 2014 Data Breach

    Home Depot Inc. has agreed to pay $17.5 million and improve its data security to resolve a multistate investigation into a 2014 breach that exposed the credit card information of 40 million of its customers nationwide.

  • November 24, 2020

    Sabre Appeals UK's Block On $360M Farelogix Deal

    Travel tech giant Sabre Corp. urged a U.K. tribunal Tuesday to quash a decision by the country's competition watchdog blocking its proposed $360 million takeover of rival Farelogix, saying the antitrust agency didn't establish it has the jurisdiction to exercise such control over the U.S. companies.

  • November 24, 2020

    Baylor Prez Avoids Deposition In Campus Sex Assault Suit

    Baylor University's president won't have to sit for a deposition in a lawsuit over an alleged sexual assault on campus, a Texas appellate court ruled Tuesday, determining the plaintiff failed to demonstrate the president had any "unique or superior knowledge of discoverable information."

  • November 24, 2020

    JC Penney Ch. 11 Plan And Shareholder Suits Get OK

    Retailer J.C. Penney on Tuesday got approval for its Chapter 11 plan from a Texas bankruptcy judge after equity committee objections were overcome by an offer by the judge to allow shareholder suits that he had screened for valid claims.

  • November 23, 2020

    Albright Lifts Limits On Venue, Jurisdiction Discovery

    After the Federal Circuit granted bids to transfer patent cases out of the Western District of Texas over the last few months, Judge Alan Albright has lifted restrictions on discovery related to where patent cases can be filed and which cases can be heard in his court.     

  • November 23, 2020

    Split 5th Circ. Says Texas Can Cut Planned Parenthood Funds

    An split en banc Fifth Circuit on Monday overruled a circuit panel and vacated a preliminary injunction blocking Texas from kicking Planned Parenthood out of the Medicaid program, holding that individual patients do not have a right to challenge the state's determination that their providers were not "qualified."

  • November 23, 2020

    Texas Hospital Keeps Win In Patient Nerve Damage Suit

    A Texas appellate court has affirmed the dismissal of a suit seeking to hold a Baylor Scott & White hospital liable for a patient's nerve damage suffered due to alleged malpractice, rejecting the patient's argument that the treatment shouldn't be considered emergency medical care subject to a higher evidentiary standard.

  • November 23, 2020

    High Court Won't Hear Walmart's Texas Liquor Law Challenge

    The U.S. Supreme Court on Monday refused to hear Walmart's case against Texas' distilled spirits regulator over a state law that the retail behemoth maintains is unconstitutional because it effectively blocks out-of-state retailers from competing with the state's own liquor stores.

  • November 23, 2020

    Trade Groups Press Case In CFPB Payday Rule Suit

    Two payday lender trade groups told a Texas federal judge that the Consumer Financial Protection Bureau still hasn't shown why it should be allowed to move forward with the remainder of its 2017 payday lending rule, pressing to bring their more than two-year-old court challenge to a close.

  • November 23, 2020

    Insurer Eyes Early Win Over 'My 600-lb. Life' Policy Row

    Philadelphia Indemnity Insurance Co. has urged a Texas federal judge to grant it an early win in its suit against the producers of TV's "My 600-lb. Life" over coverage of lawsuits arising from the show's treatment of its subjects, saying the policies exclude coverage for claims stemming from reality shows.

  • November 23, 2020

    Texas Justices Urged To Settle $820M Refinery Feud

    Petrobras and Belgium-based Transcor Astra Group want the Texas Supreme Court to weigh in on long-running litigation over a soured Texas refinery partnership and an $820 million settlement tainted by a corruption scandal that engulfed Brazil's state-owned oil giant.

Expert Analysis

  • Ethics Reminders As Employees Move To Or From Gov't

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    Many organizations are making plans for executives to go into government jobs, or for government officials to join a private sector team, but they must understand the many ethics rules that can put a damper on just how valuable the former employee or new hire can be, say Scott Thomas and Jennifer Carrier at Blank Rome.

  • Surveying Drug Pricing Reform: The Latest State Activity

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    Attorneys at Ropes & Gray explore four types of high-impact drug pricing initiatives at the state level — pricing transparency, pharmacy benefit manager controls, drug importation and value-based arrangements — examining how the current wave of reforms may affect drug companies' business operations.

  • A Key To Helping Clients Make Better Decisions During Crisis

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    As the pandemic brings a variety of legal stresses for businesses, lawyers must understand the emotional dynamic of a crisis and the particular energy it produces to effectively fulfill their role as advisers, say Meredith Parfet and Aaron Solomon at Ravenyard Group.

  • Where Data Privacy And CFPB Are Headed Under Biden

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    Data privacy is likely to be a key area of legislative and enforcement focus for President-elect Joe Biden, and consumer financial protection is expected to be an immediate priority due to the economic impact of the pandemic, with the most drastic shift likely to occur at the Consumer Financial Protection Bureau, say attorneys at Gibson Dunn.

  • 6 Best Practices For Banks Serving The Marijuana Industry

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    As more states legalize marijuana, financial institutions with marijuana-related business customers should implement robust and nuanced compliance programs, and those that do not want to serve the industry should have policies in place for determining whether existing customers are engaged in marijuana-related activities, say attorneys at Venable.

  • Ethics Considerations For Law Firms Implementing AI

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    Richard Finkelman and Yihua Astle at Berkeley Research Group discuss the ethical and bias concerns law firms must address when implementing artificial intelligence-powered applications for recruiting, conflict identification and client counseling.

  • 3rd Circ. Could Select Middle Path On Foreign Discovery Law

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    In a circuit split over whether a U.S. foreign discovery law may be used for private arbitration, the Third Circuit in Axion Holding Cyprus may choose a middle ground by finding that private arbitration under the U.K. Arbitration Act involves sufficient judicial oversight to make it subject to the statute, says Adrienne Koch at Katsky Korins.

  • Tech Cos. Could Face Stiffer SEC Enforcement Under Biden

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    Ahead of President-elect Joe Biden's appointment of a new U.S. Securities and Exchange Commission chair, Silicon Valley should expect greater scrutiny of whistleblowers, earnings management, risk disclosures and insider trading — all potentially influenced by the federal courts in serving as a check on the agency's enforcement, say attorneys at MoFo.

  • Picking The Right Location And Tools For Virtual Courtrooms

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    Attorneys should consider the pros and cons of participating in virtual court proceedings from home versus their law firm offices, and whether they have the right audio, video and team communication tools for their particular setup, say attorneys at Arnold & Porter.

  • Beware Atty Ethics Rules When Reporting COVID-19 Fraud

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    Attorneys considering blowing the whistle on False Claims Act violations by recipients of COVID-19 relief may face a number of ethical constraints on their ability to disclose client information and file qui tam actions, say Breon Peace and Jennifer Kennedy Park at Cleary.

  • Looking For Judicial Activists? Check The Footnotes

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    U.S. Supreme Court nominees typically face intense questioning over potential judicial activism, but a better way to gauge judges' activist tendencies may be to look at the footnotes in their opinions, say Christopher Collier at Hawkins Parnell and Michael Arndt at Rohan Law.

  • Best Practices For Legal Technology Adoption

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    The pandemic has accelerated the need to improve the practice of law through technology, but law firms and in-house legal departments must first ensure they have employee buy-in and well-defined processes for new digital tools, say Dan Broderick at BlackBoiler and Daryl Shetterly at Orrick.

  • The Pandemic's Long-Term Impact On Law Firm Operations

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    Brian Burlant at Major Lindsey looks at how pandemic-era remote work has changed the way law firms operate — from shifts in secretarial functions to associate professional development — and explains why some alterations may be here to stay.

  • Opinion

    Lack Of Access To Remote Court Proceedings Is Inexcusable

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    Blanket rules that bar recording or dissemination of remote public court proceedings impede presumptive common law and First Amendment right of access, greatly expand courts' powers over nonparties, and likely run afoul of U.S. Supreme Court precedent, says Matthew Schafer at ViacomCBS.

  • Ponzi Ruling Complicates Texas Fraudulent Transfer Litigation

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    The Fifth Circuit recently ruled that reliance on the Texas Uniform Fraudulent Transfer Act’s good faith affirmative defense required a diligent investigation in a Stanford International Bank Ponzi scheme case, but lack of clarity on what that entails leaves questions open for future fraudulent transfer litigation, say Joe Wielebinski and Matthias Kleinsasser at Winstead.

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