Texas

  • September 22, 2020

    Without Ginsburg, High Court May Still Keep ACA Intact

    The death of U.S. Supreme Court Justice Ruth Bader Ginsburg has ignited new fears that the sudden opening on the bench might lead to the end of the Affordable Care Act in a closely watched case before the high court, but experts cautioned that the health insurance law's fate is far from sealed.

  • September 22, 2020

    Macklemore Gets Fees From Sampling Suit Win, 5th Circ. Says

    The Fifth Circuit ruled Tuesday that hip-hop duo Macklemore and Ryan Lewis can keep legal fees they won after beating a lawsuit by New Orleans jazz artist Paul Batiste, which claimed some of their popular songs, such as "Thrift Shop," featured illegal samples.

  • September 22, 2020

    Topgolf Says Rival Wants A 'Mulligan' In Antitrust Suit

    Topgolf has told a Texas federal court that SureShot is trying to take a second swing at claims that have already been tossed with a new suit accusing the golf entertainment company of blocking access to technology the would-be rival said it needed to compete.

  • September 22, 2020

    SEC Settles $7M Kenyan Clean Water Project Scam Claim

    The U.S. Securities and Exchange Commission on Tuesday said it had reached a settlement with a Houston businessman accused of swindling at least 20 investors out of about $7 million, purportedly to fund water desalination plants in Kenya, that instead paid for his purchases of a car, a condo, and other luxury goods.

  • September 22, 2020

    Texas Fracking Co. FTS Hits Ch. 11 With $535M Debt

    FTS International Inc. sought Chapter 11 protection in Texas late Tuesday, saying that it has a proposal in hand to restructure or shed the oil and gas well-completion venture's $535.3 million debt under a largely debt-to-equity plan developed with major creditors.

  • September 22, 2020

    States Say EPA Has Right To Rescind Calif. Auto Waiver

    Texas and several other states on Monday filed a brief in support of the U.S. Environmental Protection Agency's decision to rescind California's Clean Air Act waiver that allowed it to set its own greenhouse gas standards and run a zero-emissions vehicle program.

  • September 22, 2020

    JC Penney Shareholders Say Equity Is Worth Up To $3.2B

    Advisers representing a group of J.C. Penney shareholders told a Texas judge Tuesday that the bankrupt retailer is worth much more than it has argued, estimating that as much as $3.2 billion of value is available for equity holders. 

  • September 22, 2020

    Parents Say Flight School's Bias Led To Student's Suicide

    The parents of a U.S. Aviation Academy student who killed himself have sued the academy in Texas state court over what they say is an established pattern of discrimination against Chinese students, including subjecting them to demoralizing tasks and prohibiting them from speaking their native language.

  • September 22, 2020

    Texas Biz Attys Back Sealing Records After $706M Trial

    The State Bar of Texas Business Law Section is backing a real estate appraisal software company's bid to keep sealed exhibits that were presented during open court in a trade secrets trial that ended in a $706 million verdict. 

  • September 22, 2020

    Fed. Circ. Judge Grills Apple Over Bid To Escape WDTX

    A Federal Circuit judge raised doubts Tuesday about the need to move Uniloc's patent infringement suit against Apple to the tech giant's home state of California after the iPhone maker argued that U.S. District Judge Alan Albright wrongly kept the case in West Texas.

  • September 22, 2020

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

    As the stalemate over a new COVID-19 pandemic relief bill continues in the federal government, state lawmakers and leaders made progress over the past week with new measures to battle the health and financial fallout of the coronavirus.

  • September 22, 2020

    Car Recycler Wants End To EEOC Suit Over Chemo Firing

    An East Texas auto recycler hit back against a U.S. Equal Employment Opportunity Commission suit that alleged it had failed to accommodate an employee for leaving work to undergo chemotherapy, arguing that it had to hire her replacement to keep a key office role staffed.

  • September 22, 2020

    Texas Injury Firms' Referral Site Fight Kicked To State Court

    A Texas federal judge has sent a trademark infringement and civil conspiracy case filed by a Dallas-area personal injury law firm against the operator of an attorney referral website and a rival firm back to state court after finding it lacked jurisdiction over the case.

  • September 22, 2020

    AGs In A Pandemic: Nessel Talks Michigan Drop Shippers

    Michigan Attorney General Dana Nessel discusses her office's efforts to curb deceptive business practices by drop shippers — middlemen who entice purchasers using false or misleading information — and to educate consumers about the pitfalls of online shopping during the pandemic.

  • September 22, 2020

    Tardy 5th Circ. Appeal Dooms Workers' OT Bonus Suit Victory

    An oil well pump and fracking company convinced the Fifth Circuit to take back a win for workers who alleged they weren't paid proper overtime, as a panel on Monday withdrew its ruling from weeks earlier and concluded the workers' appeal was filed too late.

  • September 21, 2020

    Justice Ginsburg: Who She Was, How She Shaped The Law

    Justice Ruth Bader Ginsburg died on Friday at age 87. Here, Law360 looks at the feminist icon's legacy and the battle brewing over her seat.

  • September 21, 2020

    Law360's The Term: The Life And Legacy Of Justice Ginsburg

    Justice Ruth Bader Ginsburg is among the few on the U.S. Supreme Court to have etched her name into legal history long before donning a robe. In a special episode this week, Law360's The Term dives into her legacy as a pioneering women's rights advocate with two guests who worked by her side. 

  • September 21, 2020

    Budding Textualist Star Barbara Lagoa Eyed For High Court

    Known as a budding superstar in Florida conservative legal circles, committed textualist Judge Barbara Lagoa could continue her lightning-quick ascent through the appellate ranks if President Donald Trump taps her for the now-vacant U.S. Supreme Court seat, where she would become the first Cuban-American, and first Floridian, to sit on the high court.

  • September 21, 2020

    McConnell Defends Election-Year Plan To Replace Ginsburg

    The Senate majority leader on Monday defended his plan to replace Justice Ruth Bader Ginsburg this year, while the House speaker said the late jurist will become the first woman to lie in state at the Capitol.

  • September 21, 2020

    Texas High-Speed Rail Clears Federal Enviro Review

    A high-speed rail line that would connect Dallas and Houston passed two major milestones, including completing a federal environmental review, as the long-fought project moves closer to beginning construction in 2021, developers announced Monday.

  • September 21, 2020

    Arkema Jury Prepped For 'Reopening' After 6-Month Break

    A Texas state court jury will hear "reopening" statements Tuesday after a six-month break in proceedings because of the coronavirus pandemic, as they weigh criminal charges against Arkema Inc. and two of its executives for allegedly recklessly emitting toxic chemicals during Hurricane Harvey.

  • September 21, 2020

    Chuck E. Cheese Wins OK For $2.3M Deal To Destroy Prize Tix

    A Texas bankruptcy judge on Monday gave the parent of the Chuck E. Cheese restaurant chain the go-ahead to pay vendors $2.3 million to destroy 7 billion unneeded prize tickets, but warned that he expects the company to get its money's worth for the agreement.

  • September 21, 2020

    Texas Man Claims Wash. Pot Cos. Duped Him Into Investing

    A Texas man alleges he was duped into investing $50,000 in Washington state cannabis businesses and only later found out that state law forbids him from taking a share of the profits, saying the companies kept that information from him.

  • September 21, 2020

    CFTC Says Oil Trader Can't Escape $2.4M Fraud Judgment

    The U.S. Commodity Futures Trading Commission has urged a Texas federal judge to toss an oil commodities trader's request to erase a $2.6 million default judgment entered against him, saying email and phone records disprove the trader's claim he was never served in the matter. 

  • September 21, 2020

    Tesla Hit With Suit Over 4G LTE Patents

    Fresh off its $506 million patent win against Apple, PanOptis lodged a new lawsuit accusing Tesla of making electric cars that infringe patented PanOptis 4G LTE technology.

Expert Analysis

  • Opinion

    The Case For A Nonpolitical Federal Judiciary

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    For the last 20 years, at the insistence of both parties, U.S. Supreme Court nominations have been fierce ideological battles — which is bad for the country and bad for the public's perception of the legitimacy of the court, say Judge Eric Moyé, Judge Craig Smith and Winston & Strawn partner Tom Melsheimer.

  • Overlooked Patent Cases: Lessons On Section 101 Motions

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    As motions to dismiss based on patent eligibility under Section 101 are on the rise, recent, lesser known federal district court decisions offer several drafting insights for patent owners facing eligibility attacks at the pleadings stage, particularly in the high-tech space, say attorneys at Akin Gump.

  • The Keys To A Better Privilege Logging Paradigm

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    Current privilege logging practices to identify what information is being withheld from discovery often lead to costly disputes, so practitioners should adopt a system based on trust and good faith, similar to the presumptions embedded in the business judgment rule for corporate directors and officers, say Kevin Brady at Volkswagen and Charles Ragan and Ted Hiser at Redgrave.

  • Uber Exec's Charges In Data Breach Case Reveal Novel Risks

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    After the recently announced felony charges against a former Uber executive for failing to inform the Federal Trade Commission of a data breach, there are several action items general counsel should now consider to guard against this disturbing new risk of individual criminal liability, say attorneys at V&E.

  • Law Firm Hiring Considerations In A COVID-19 Economy

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    Financially robust law firms are entering the recruiting market aggressively knowing that dislocations like the COVID-19 crisis present rare competitive opportunities, and firms that remain on the sidelines when it comes to strategic hiring will be especially vulnerable to having their best talent poached, says Brian Burlant at Major Lindsey.

  • Streamlining Power Transmission Siting To Help Renewables

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    It can take years and cost millions of dollars to secure state regulatory approval for electric transmission system upgrades needed to facilitate clean energy development, so it is important for states to create abbreviated siting processes for projects with limited anticipated impacts, says Andy Flavin at Troutman Pepper.

  • Opinion

    Lawyers Must Act To Preserve Democracy This Election

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    COVID-19 concerns and glaring gaps in registration threaten to dampen voter turnout in the 2020 election, so attorneys should take on the problem by leveraging their knowledge and resources in seven ways, says Laura Brill at Kendall Brill.

  • How To Effectively Defend Witnesses In Remote Depositions

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    When a witness is isolated from the defending lawyer during a remote deposition, carefully planning the logistics and building witness confidence are critical to avoiding damaging admissions, say Jessica Staiger at Archer Daniels and Alec Solotorovsky at Eimer Stahl.

  • Discarded Phone Rulings Misapply 4th Amendment Case Law

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    Recent Nevada and Louisiana state court decisions, allowing police to conduct warrantless searches of cellphones deemed abandoned, are part of a growing trend of state and federal courts not following the U.S. Supreme Court's Fourth Amendment jurisprudence that should concern criminal defense attorneys, privacy rights advocates and employers, says Brandon Boxler at Spencer.

  • Whether And How To Compel Remote Arbitration

    Excerpt from Practical Guidance
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    As the pandemic delays in-person arbitration hearings, mediator and arbitrator Theodore Cheng provides arbitrators with a checklist to examine the rationale and authority for compelling parties to participate in remote hearings.

  • Series

    AGs In A Pandemic: James Talks NY Response

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    New York Attorney General Letitia James highlights her office's efforts to ease financial burdens for New York residents and businesses struggling during the pandemic by fighting fraud, policing employers, assisting with debt relief and more.

  • The Unique Challenges Of Protecting A Law Firm Brand

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    Recent law firm trademark disputes highlight how the tension between legal ethics rules and trademark law can make it difficult for firms to select brands that are distinctive and entitled to protection, say Kimberly Maynard and Tyler Maulsby at Frankfurt Kurnit.

  • Liability For Incidental Migratory Bird Killings Still In Flux

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    Following a New York federal court's recent opinion vacating the U.S. Department of the Interior's move to weaken migratory bird protections, industry players must be mindful of potential liability for incidental killings until the DOI clarifies the issue in a forthcoming rule, say Peter Whitfield and Aaron Flyer at Sidley.

  • Why Texas Developers Should Monitor School Tax Changes

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    Large Texas taxpayers building capital-intensive projects need to account for recent school district tax legislation because projects with property tax incentive agreements under a popular state economic development program may be impacted as elements of the new school finance regime are applied for the first time, say Matt Larsen and Bucky Brannen at Baker Botts.

  • What Social Media Process Service May Look Like In Texas

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    The Texas Supreme Court's recently proposed rule change allowing substituted service through social media and email could take effect in December, and practitioners will need to know how to establish that the defendant received notice through a technological method, says Marcus Eason at McGinnis Lochridge.

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